reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0052. Internal Audit Division

Sec. 493.0052.  INTERNAL AUDIT DIVISION.  (a)  The board shall hire a director for the internal audit division.  The employment of the director may be terminated only with the approval of the board.
(b)  The internal audit division shall conduct a program of internal auditing in accordance with Chapter 2102.  The program may include internal audits, contract audits, and community supervision and corrections department audits for the department.  The division shall:
(1)  conduct recurring financial and management audits;
(2)  conduct internal audits to evaluate department programs and the economy and efficiency of those programs;  and
(3)  recommend improvements in management and programs on the basis of evaluations made under this subsection.
(c)  The director of the internal audit division shall send reports, audits, evaluations, and recommendations to the board and to the executive director.  The director shall report directly to the board at least once a year on:
(1)  the activities of the division;  and
(2)  the response of the department to recommendations made by the division.
(d)  The director shall report directly to the board on other matters at the times required by board policy.
(e)  Expired.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.003. eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 493.0081 and amended by Acts 1997, 75th Leg., ch. 490, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0053. Programs and Services Division

Sec. 493.0053.  PROGRAMS AND SERVICES DIVISION.  (a)  The programs and services division shall administer those rehabilitation and reintegration programs and services designated by the board under Subsection (b).
(b)  The board shall determine which programs and services operating under the authority of the department are designed for the primary purpose of rehabilitating inmates and shall designate those programs and services as programs and services provided under the direction of the programs and services division.
Added by Acts 1997, 75th Leg., ch. 1360, Sec. 3, eff. Sept. 1, 1997.  Renumbered from Sec. 493.0052 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(43), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.006. Executive Director

Sec. 493.006.  EXECUTIVE DIRECTOR.  (a)  The board shall employ an executive director who possesses the following minimum qualifications:
(1)  five years experience in the field of corrections in an administrative capacity;
(2)  three years experience in the field of corrections in an administrative capacity and a graduate degree from an institution of higher education in penology or a related field;  or
(3)  seven years experience in management or administration of a government agency, institution of higher education, or business enterprise of size comparable to the department.
(b)  The executive director is responsible for the administration and enforcement of all laws relating to the department including rules implemented by the department but may delegate those responsibilities as permitted by board rule or general law.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.007. Personnel

Sec. 493.007.  PERSONNEL.  (a)  The executive director shall develop an intraagency career ladder program.  The program shall require intraagency postings of all nonentry level positions concurrently with any public postings.
(b)  The executive director shall develop a system of annual performance evaluations.  All merit pay for department employees must be based on the system established under this subsection.
(c)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies related to recruitment, evaluation, selection, training, and promotion of personnel that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and reasonable methods to achieve compliance with state and federal law.
(d)  A policy statement must:
(1)  be updated at least annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (c)(1); and
(3)  be filed with the governor's office.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.10, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0071. Employee Exit Interviews

Sec. 493.0071.  EMPLOYEE EXIT INTERVIEWS.  (a)  The department shall adopt a policy that provides for an exit interview of each institutional division employee who terminates employment with the department.  Employee participation in the interview process is voluntary, and the department is not required to conduct an exit interview of an employee who is terminated against the employee's will.
(b)  The department shall encourage the employee to state in the employee's own words the reasons for which the employee is terminating employment.
(c)  The department shall analyze responses to interviews conducted under this section on the basis of the responding employees' age, gender, race or ethnicity, years of service, rank, and duty locations.
Added by Acts 2001, 77th Leg., ch. 1089, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.008. Audit by State Auditor

Sec. 493.008.  AUDIT BY STATE AUDITOR.  The financial transactions of the department are subject to audit by the state auditor in accordance with Chapter 321, and the state auditor shall include in the audit report a review of the department's employment practices to ensure that they conform with state law and department policies regarding nepotism.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0081. Legislative Appropriations Request

Sec. 493.0081.  LEGISLATIVE APPROPRIATIONS REQUEST.  The department shall include in each legislative appropriations request submitted to the Legislative Budget Board the information contained in the most recent report prepared by the community justice assistance division under Section 509.004(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1045 (H.B. 3691), Sec. 4, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1074 (S.B. 1055), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0082. Disposition of Certain Financial Assets

Sec. 493.0082.  DISPOSITION OF CERTAIN FINANCIAL ASSETS.  (a)  All money and other financial assets collected or received by the department shall be deposited:
(1)  in the general revenue fund of the state treasury;
(2)  in trust with the comptroller;  or
(3)  in a local bank account on approval by the comptroller.
(b)  For purposes of this section, a financial asset collected or received by the department includes:
(1)  an asset held outside the state treasury;  or
(2)  an asset held in trust by the department, such as money held in an inmate or employee trust account or in an education and recreation account.
Added by Acts 1997, 75th Leg., ch. 490, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0083. Program Evaluation Capability

Sec. 493.0083.  PROGRAM EVALUATION CAPABILITY.  The department shall maintain a program evaluation capability separate from the programs and services division to determine the effectiveness of rehabilitation and reintegration programs and services provided to inmates and other offenders under the jurisdiction of the department.
Added by Acts 1997, 75th Leg., ch. 1360, Sec. 3, eff. Sept. 1, 1997.  Renumbered from Sec. 493.0082 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(44), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.010. Contracts for Miscellaneous Housing

Sec. 493.010.  CONTRACTS FOR MISCELLANEOUS HOUSING.  (a) The board, for the temporary or permanent housing of inmates, may enter into leases or contract with:
(1)  public or private jails; or
(2)  operators of alternative housing facilities.
(b)  The board may not enter into a lease or contract with an operator of an alternative housing facility that is located in a county with a population of 3.3 million or more unless the operator submits to the board a permit or other documentation showing that the facility is in compliance with all applicable municipal and county regulations.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.04, eff. Oct. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.007, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 462 (H.B. 954), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.011. Consultant Contracts for Prison Construction

Sec. 493.011.  CONSULTANT CONTRACTS FOR PRISON CONSTRUCTION.  The board may not contract for construction-related consulting services to the board with an individual or firm if that individual or firm is also under contract with the department to provide construction management services for prison unit construction.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.05, eff. Oct. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.008, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.012. Historically Underutilized Businesses

Sec. 493.012.  HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  The board and the department each shall make a good faith effort to assist historically underutilized businesses to receive at least 30 percent of the total value of:
(1)  each construction contract awarded for construction, purchase of supplies, materials, services, and equipment that the board and the department expect to make;  and
(2)  contracts awarded for operation, maintenance, or management.
(b)  The board and the department each shall annually report to the legislature and the governor on the level of historically underutilized business participation in board and department contracts.  The report shall include:
(1)  names and locations of the historically underutilized businesses participating in contracts;
(2)  types of services conducted by the historically underutilized businesses participating in contracts;
(3)  a description of the type of recruitment strategy used to attract historically underutilized businesses;  and
(4)  recommendations for the improvement of historically underutilized business opportunities with the board and the department.
(c)  In this section, "historically underutilized business" means:
(1)  a business entity formed for the purpose of making a profit of which at least 51 percent is owned by one or more persons who are socially disadvantaged because of their identification as members of certain groups, including women, African Americans, Hispanic Americans, Native Americans, and Asian Americans, who have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control;  or
(2)  a corporation formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities is owned by one or more persons described by Subdivision (1).  Those persons must have proportionate interest in the control, operation, and management of the corporation's affairs.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.06, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 4.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.013. Federal Funds Committee

Sec. 493.013.  FEDERAL FUNDS COMMITTEE.  (a)  The board shall ensure that the federal funds committee of the department includes representatives of all divisions of the department that may be able to assist the committee in identifying and qualifying for additional federal funds, specifically including the offices of the institutional division that manage agricultural and industrial issues.
(b)  The board shall require the committee to:
(1)  maximize federal grant and entitlement funding available to the state;
(2)  submit biennially to the board a detailed report that includes information on all federal grants and entitlements identified and applied for by the committee and the results of the applications;  and
(3)  work in conjunction with the Office of State-Federal Relations and the Texas Department of Human Services to investigate the applicability of:
(A)  the national school lunch program to inmates who are pursuing a primary or secondary education while confined in the institutional division;  and
(B)  the food stamp program administered under Chapter 33, Human Resources Code, to inmates who are confined and treated in substance abuse felony punishment facilities.
Added by Acts 1993, 73rd Leg., ch. 238, Sec. 1.01, eff. May 22, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.014. Applicability of Certain Grievance Procedures

Sec. 493.014.  APPLICABILITY OF CERTAIN GRIEVANCE PROCEDURES.  A grievance procedure of the department or a division of the department, including the procedure established under Section 501.008, applies to a grievance of an inmate or other person under the custody or control of the department relating to a rule or internal procedure of the board or department.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 9.02, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 493.013 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(15), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0145. Identification of Inmates Subject to Arrest Warrant

Sec. 493.0145.  IDENTIFICATION OF INMATES SUBJECT TO ARREST WARRANT.  Before an inmate is discharged or is released on parole or mandatory supervision from the department, the department shall conduct a criminal history record check to determine whether the inmate is the subject of an arrest warrant.  In conducting the criminal history record check, the department shall allow sufficient time for compliance with any requirements related to notifying the proper authorities of the inmate's discharge or release and, if necessary, processing a demand for extradition of the inmate.
Added by Acts 1999, 76th Leg., ch. 205, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0151. Dynamic Risk Assessment of Sex Offenders

Sec. 493.0151.  DYNAMIC RISK ASSESSMENT OF SEX OFFENDERS.  (a)  For purposes of this section, "sexual offense" means a criminal offense the conviction of which requires a person to register as a sex offender under Chapter 62, Code of Criminal Procedure.
(b)  Before an inmate who is serving a sentence for a sexual offense is discharged or is released on parole or mandatory supervision from the department, the department shall use the dynamic risk assessment tool developed by the Council on Sex Offender Treatment under Section 110.164, Occupations Code, to assign the inmate a risk level of low, medium, or high.
(c)  The department shall conduct the risk assessment required by this section in addition to any other risk assessment the department is required to conduct.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 16, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0155. Proper Identification of Inmates Using Alias

Sec. 493.0155.  PROPER IDENTIFICATION OF INMATES USING ALIAS.  On receipt of information from the Department of Public Safety under Article 66.105, Code of Criminal Procedure, that a person's identifying information may have been falsely used by an inmate as the inmate's identifying information, regardless of whether the inmate is in the custody of the department, is serving a period of supervised release, or has been discharged, the department shall:
(1)  make a reasonable effort to identify the inmate's actual identity; and
(2)  take action to ensure that any information maintained in the department's records and files regarding the inmate reflects the inmate's use of the person's identity as a stolen alias and refers to available information concerning the inmate's actual identity.
Added by Acts 2003, 78th Leg., ch. 339, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.11, eff. January 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.016. Information of Public Interest; Complaints

Sec. 493.016.  INFORMATION OF PUBLIC INTEREST;  COMPLAINTS.  (a)  The department shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department.  The department shall make the information available to the general public and appropriate state agencies.
(b)  The department shall establish methods by which interested persons are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.
(c)  The department shall keep an information file on each written complaint filed with the department by a member of the general public that relates to the operations of the department.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the department;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint.
(d)  The department shall provide a written copy of the department's policies and procedures relating to complaint investigation and resolution to:
(1)  all department employees;  and
(2)  each person filing a complaint.
(e)  The department, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.010, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.11, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.017. Reports on Sex Offender Treatment

Sec. 493.017.  REPORTS ON SEX OFFENDER TREATMENT.  (a)  A sex offender correction program that provides counseling sessions for a sex offender under Article 42A.453, Code of Criminal Procedure, shall report to the community supervision and corrections department officer supervising the offender, not later than the 15th day of each month, the following information about the offender:
(1)  the total number of counseling sessions attended by the sex offender during the preceding month; and
(2)  if during the preceding month the sex offender terminates participation in the program before completing counseling, the reason for the sex offender's termination of counseling.
(b)  A sex offender correction program that provides counseling sessions for a sex offender under Section 508.187 shall report to the parole officer supervising the offender, not later than the 15th day of each month, the following information about the offender:
(1)  the total number of counseling sessions attended by the sex offender during the preceding month;  and
(2)  if during the preceding month the sex offender terminates participation in the program before completing counseling, the reason for the sex offender's termination of counseling.
(c)  A sex offender correction program that provides counseling sessions for a child under Section 54.0405, Family Code, shall report to the local juvenile probation department supervising the child, not later than the 15th day of each month, the following information about the child:
(1)  the total number of counseling sessions attended by the child during the preceding month;  and
(2)  if during the preceding month the child terminates participation in the program before completing counseling, the reason for the child's termination of counseling or that the reason for the termination of counseling is unknown.
(d)  A sex offender correction program that provides counseling sessions for a child who is released under supervision under Section 245.053, Human Resources Code, shall report to the Texas Juvenile Justice Department, not later than the 15th day of each month, the following information about the child:
(1)  the total number of counseling sessions attended by the child during the preceding month; and
(2)  if during the preceding month the child terminates participation in the program before completing counseling, the reason for the child's termination of counseling or that the reason for the termination of counseling is unknown.
Added by Acts 1995, 74th Leg., ch. 256, Sec. 5, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.09, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 669, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.012, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.48, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.018. Care of Terminally Ill Inmates

Sec. 493.018.  CARE OF TERMINALLY ILL INMATES.  (a)  The department may provide direct hospice services for terminally ill inmates and defendants confined in facilities operated by the department or may contract with a licensed hospice for the provision of those services.  Hospice services established by the department shall meet licensure standards established under Chapter 142, Health and Safety Code, except for those standards which are determined to be in conflict with security considerations in the institutional setting.
(b)  In this section, "hospice" and "hospice services" have the meanings assigned to those terms by Section 142.001, Health and Safety Code.
Added by Acts 1995, 74th Leg., ch. 769, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 493.014 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(39), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.019. Enforcement Officers

Sec. 493.019.  ENFORCEMENT OFFICERS.  The inspector general may appoint employees who are certified by the Texas Commission on Law Enforcement as qualified to be peace officers to serve under the direction of the inspector general and assist the inspector general in performing the enforcement duties of the department.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.009, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 493.015 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(40), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1172 (H.B. 434), Sec. 2, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.27, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0191. Administrative Subpoenas

Sec. 493.0191.  ADMINISTRATIVE SUBPOENAS.  (a)  The inspector general may issue an administrative subpoena to a communication common carrier or an electronic communications service provider to compel the production of the carrier's or service provider's business records that:
(1)  disclose information about:
(A)  the carrier's or service provider's customers; or
(B)  users of the services offered by the carrier or service provider; and
(2)  are material to a criminal investigation of an escape or a potential escape or a violation of Section 38.11, Penal Code.
(b)  In this section:
(1)  "Communication common carrier" means a person that:
(A)  for a fee, provides directly to the public or to certain members of the public the ability to transmit between or among points specified by the person who uses that ability, regardless of the technology used, information of the person's choosing without change in the form or content of the information transmitted; or
(B)  is a provider that bills customers for services described by Paragraph (A).
(2)  "Electronic communications service provider" means a service provider that provides to users of the service the ability to send or receive wire or electronic communications, as those terms are defined by Article 18A.001, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 395 (H.B. 1728), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.10, eff. January 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.020. Seal of Department

Sec. 493.020.  SEAL OF DEPARTMENT.  (a)  The department shall use an official seal to certify documents received by the department under Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.
(b)  The official seal must contain an engraved, five-pointed star in the center with the words "Texas Department of Criminal Justice" around the margin.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.011, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 493.017 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(41), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.021. Electronic Creation and Transmission of Documents

Sec. 493.021.  ELECTRONIC CREATION AND TRANSMISSION OF DOCUMENTS.  (a)  If a statute requires the department to create a document, the department through electronic means may create and maintain the information that would otherwise be contained in a paper document.  If a statute requires the department to provide a receipt, signature, or seal as evidence of creating a document, the department may develop and use an electronic identifier, and when used by the department, the identifier has the same force and effect as the use of a receipt, signature, or seal.
(b)  If a statute requires a person to submit a document to the department, the department may accept the document in paper form or may accept an electronic transmission of the information otherwise contained in the paper document.
(c)  If a statute requires the department to provide a receipt, signature, or seal as evidence of delivery of a document, and if the department has received an electronic transmission in lieu of accepting the document in paper form, the department may transmit electronically evidence of delivery.  The department may use the electronic identifier developed under Subsection (a), and when used by the department, the identifier has the same force and effect as the use of a receipt, signature, or seal.
(d)  This section does not authorize the department to require that a person submitting information to the department submit the information electronically.
Added by Acts 1999, 76th Leg., ch. 202, Sec. 1, eff. May 24, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.022. Polygraph Examination

Sec. 493.022.  POLYGRAPH EXAMINATION.  An employee of the department who is the subject of a written complaint made by or filed with the department may not be suspended, discharged, or subjected to any other form of employment discrimination by the department because the employee refuses to take a polygraph examination.
Added by Acts 1997, 75th Leg., ch. 367, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.023. Charitable Fund-Raising

Sec. 493.023.  CHARITABLE FUND-RAISING.  (a)  Under policies established by the department, a department employee may participate in fund-raising activities conducted on department property on the employee's own time for the benefit of an eligible charitable organization.  The department shall adopt policies under this section which address:
(1)  minimum qualifications of eligible charitable organizations;
(2)  limitations on the use of funds;
(3)  handling and distribution of the proceeds of fund-raising activity to eligible charitable organizations located in the county where the fund-raising takes place;  and
(4)  ensuring that participation in fund-raising is voluntary and not coercive.
(b)  Funds collected under this section are not subject to Section 404.094.
(c)  This section does not affect the department's participation in the state employees charitable campaign under Subchapter H, Chapter 659.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.12, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.024. Application of Law Relating to Free Exercise of Religion

Sec. 493.024.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a jail or other correctional facility operated by or under a contract with the department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest.  The presumption may be rebutted.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 4, eff. Aug. 30, 1999.  Renumbered from Sec. 493.023 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(42), eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.025. Notification of Court of Release

Sec. 493.025.  NOTIFICATION OF COURT OF RELEASE.  On release of an inmate who discharges the inmate's sentence or on release of an inmate on parole or to mandatory supervision, the department promptly shall notify the clerk of the court in which the inmate was convicted of that fact.  The notice must be provided by e-mail or other electronic communication.
Added by Acts 1999, 76th Leg., ch. 541, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 493.023 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(43), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1123 (H.B. 200), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.0251. Victim Notification of Subsequent Felony

Sec. 493.0251.  VICTIM NOTIFICATION OF SUBSEQUENT FELONY.  (a)  In this section, "victim," "guardian of a victim," and "close relative of a deceased victim" have the meanings assigned by Section 508.117.
Text of subsection effective until January 01, 2025
(b)  If the department receives a notification under Article 2.023, Code of Criminal Procedure, regarding the indictment of a defendant described by that article, the department shall, to the extent requested under Subsection (c), make a reasonable effort to provide notice of the offense charged in the indictment to each victim, guardian of a victim, or close relative of a deceased victim of an offense described by Article 2.023(a), Code of Criminal Procedure, for which the defendant was previously imprisoned at a facility operated by or under contract with the department and subsequently released.
Text of subsection effective on January 01, 2025
(b)  If the department receives a notification under Article 2A.110, Code of Criminal Procedure, regarding the indictment of a defendant described by that article, the department shall, to the extent requested under Subsection (c), make a reasonable effort to provide notice of the offense charged in the indictment to each victim, guardian of a victim, or close relative of a deceased victim of an offense described by Article 2A.110(a), Code of Criminal Procedure, for which the defendant was previously imprisoned at a facility operated by or under contract with the department and subsequently released.
(c)  The department shall adopt a procedure by which a victim, guardian of a victim, or close relative of a deceased victim may:
(1)  request to receive notice under this section; and
(2)  inform the department of the person's address for purposes of providing the notice.
(d)  Except as necessary to comply with this section, the board or the department may not disclose to any person the name or address of a person entitled to notice under this section unless:
(1)  the person approves the disclosure; or
(2)  a court determines that there is good cause for the disclosure and orders the board or the department to disclose the information.
Added by Acts 2017, 85th Leg., R.S., Ch. 772 (H.B. 104), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.095, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.026. Certain Interagency Communications Prohibited

Sec. 493.026.  CERTAIN INTERAGENCY COMMUNICATIONS PROHIBITED.  The department, regardless of available capacity in the program, may not prohibit a parole panel from, or request a parole panel to refrain from, requiring an inmate to participate in and complete a treatment program operated by the department before the inmate is released on parole.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 17, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.027. Management-Employee Meetings

Sec. 493.027.  MANAGEMENT-EMPLOYEE MEETINGS.  (a)  The director of the department may meet regularly with representatives of an eligible state employee organization, as certified by the comptroller under Section 403.0165, that represents department employees in disciplinary or grievance matters to identify:
(1)  department policies or practices that impair the efficient, safe, and effective operation of department facilities; and
(2)  issues that could lead to unnecessary conflicts between the department and department employees and that could undermine retention and recruitment of those employees.
(b)  The director annually shall submit a report to the Criminal Justice Legislative Oversight Committee on the outcome of any meetings held under this section.  The report must:
(1)  be signed by the director and each representative of an employee organization described by Subsection (a) that participates in the meetings; and
(2)  include a statement from each party regarding the impact of the meetings on the recruitment and retention of department employees and on employee morale.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 18, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.028. Inspector General Report on Criminal Offenses

Sec. 493.028.  INSPECTOR GENERAL REPORT ON CRIMINAL OFFENSES.  (a)  In this section, "special prosecution unit" means the special prosecution unit established under Subchapter E, Chapter 41.
(b)  The inspector general of the department shall on a quarterly basis prepare and deliver to the board of directors of the special prosecution unit a report concerning any alleged criminal offense concerning the department and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 17, eff. June 8, 2007.
Renumbered from Government Code, Section 493.026 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(32), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.029. Local and Regional Release and Discharge Procedure

Sec. 493.029.  LOCAL AND REGIONAL RELEASE AND DISCHARGE PROCEDURE.  (a)  The department shall establish a procedure through which an inmate being discharged from the department or being released on parole or to mandatory supervision is discharged or released, as applicable, from:
(1)  the facility in which the inmate is serving the inmate's sentence; or
(2)  the facility designated as a regional release facility under Subsection (b) that is nearest to the facility in which the inmate is serving the inmate's sentence.
(b)  The department shall designate six or more facilities  operated by the department as regional release facilities from which an inmate being discharged from the department or being released on parole or to mandatory supervision may be discharged or released, as applicable, rather than being released under Subsection (a)(1).  If the department determines that discharging or releasing an inmate under Subsection (a) is not in the best interest of the inmate or would threaten the safety of the public, the department may release the inmate from a regional release facility designated under this subsection other than the facility described by Subsection (a)(2).
Added by Acts 2009, 81st Leg., R.S., Ch. 445 (H.B. 2289), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.030. Notice to Social Security Administration

Sec. 493.030.  NOTICE TO SOCIAL SECURITY ADMINISTRATION.  (a)  The department shall notify the United States Social Security Administration of the release or discharge of a prisoner who:
(1)  immediately before the prisoner's confinement in a state correctional facility, was receiving:
(A)  Supplemental Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.; or
(B)  Social Security Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.; and
(2)  before the release or discharge, was confined in the facility for a period of less than 12 consecutive months.
(b)  The department shall provide the notice described by Subsection (a) to the United States Social Security Administration by mail and electronically immediately on the prisoner's release or discharge from custody. The department shall provide a copy of the notice to the prisoner at the time of the prisoner's release or discharge.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1123 (H.B. 200), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.031. Case Management Committees

Sec. 493.031.  CASE MANAGEMENT COMMITTEES.  (a)  Each facility under the oversight of the correctional institutions division shall establish a case management committee to assess each inmate in the facility and ensure the inmate is receiving appropriate services or participating in appropriate programs.  The case management committee shall:
(1)  review each individualized treatment plan adopted under Section 508.152 for an inmate in the facility and, as applicable, discuss with the inmate a possible treatment plan, including participation in any program or service that may be available through the department, the Windham School District, or any volunteer organization; and
(2)  meet with each inmate in the facility at the time of the inmate's initial placement in the facility and at any time in which the committee seeks to reclassify the inmate based on the inmate's refusal to participate in a program or service recommended by the committee.
(b)  A case management committee must include the members of the unit classification committee.  In addition to those members, a case management committee may include any of the following members, based on availability and inmate needs:
(1)  an employee whose primary duty involves providing rehabilitation and reintegration programs or services;
(2)  an employee whose primary duty involves providing vocational training or educational services to inmates;
(3)  an employee whose primary duty involves providing medical care or mental health care treatment to inmates; or
(4)  a representative of a faith-based or volunteer organization.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.032. Correctional Officer Training Related to Pregnant Inmates

Sec. 493.032.  CORRECTIONAL OFFICER TRAINING RELATED TO PREGNANT INMATES.  (a)  The department shall provide training relating to medical and mental health care issues applicable to pregnant inmates to:
(1)  each correctional officer employed by the department at a facility in which female inmates are confined; and
(2)  any other department employee whose duties involve contact with pregnant inmates.
(b)  The training must include information regarding:
(1)  appropriate care for pregnant inmates; and
(2)  the impact on a pregnant inmate and the inmate's unborn child of:
(A)  the use of restraints;
(B)  placement in administrative segregation; and
(C)  invasive searches.
Added by Acts 2019, 86th Leg., R.S., Ch. 123 (H.B. 650), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.033. Availability of Peer Support Services

Sec. 493.033.  AVAILABILITY OF PEER SUPPORT SERVICES.  (a)  The department shall adopt a policy to increase the availability of formal and informal peer support services, including certified peer specialist services, to a person confined in a facility operated by or under contract with the department, including a state jail felony facility, substance abuse felony punishment facility, or intermediate sanction facility.
(b)  The policy adopted under Subsection (a) must:
(1)  allow for persons who have previously been convicted of an offense, including releasees on parole or mandatory supervision and defendants on community supervision, to serve as certified peer specialists in a facility described by Subsection (a);
(2)  specify the conditions under which a person described by Subdivision (1) may serve as a certified peer specialist; and
(3)  allow for persons confined in a facility described by Subsection (a) to serve in a peer support role, provided that the persons are trained and supervised by a community-based organization described by Subsection (c).
(c)  In implementing the policy adopted under Subsection (a), the department shall:
(1)  collaborate with community-based organizations that provide peer specialist training, including training in any of the following peer support specialties:
(A)  certified peer specialist;
(B)  certified peer reentry specialist;
(C)  certified peer recovery specialist; or
(D)  any other peer support specialty recognized by the Health and Human Services Commission; and
(2)  encourage and assist persons described by Subsection (b)(3), with particular emphasis on persons who have been involved with programs or services relating to substance abuse or behavioral health, to participate in training described by Subdivision (1).
Added by Acts 2019, 86th Leg., R.S., Ch. 1163 (H.B. 3227), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 493.032 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(30), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 493 - Texas Department of Criminal Justice: Organization › Section 493.035. Unclaimed Property Claims Filed on Behalf of Crime Victims

Sec. 493.035.  UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF CRIME VICTIMS.  (a)  The department shall file a claim for unclaimed property under Section 74.501, Property Code, on behalf of a victim of a criminal offense if the reported owner of the unclaimed property:
(1)  was finally convicted of the criminal offense in this state; and
(2)  based on the final conviction:
(A)  was ordered to pay criminal restitution to the victim; and
(B)  on the date the claim is submitted, is confined in a facility operated by or under contract with the department.
(b)  The department shall quarterly send to the comptroller a data set regarding confined inmates to initiate the filing and facilitate the approval of the claims submitted under Subsection (a).
(c)  The department must file a claim under this section only if the department has:
(1)  received notification from a court under Section 501.014(e); and
(2)  confirmed with the county the amount of outstanding restitution owed before filing the claim if the department finds the confirmation to be necessary.
(d)  The department may adopt rules necessary to administer this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 368 (H.B. 1221), Sec. 1, eff. September 1, 2023.