reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.002. Composition

Sec. 490H.002.  COMPOSITION.  (a)  The council is composed of one nonvoting member appointed by the broadband development office and the following voting members appointed by the governor:
(1)  two representatives of separate Internet service provider industry associations, including at least one representative of an association that primarily represents small providers, as defined by Section 56.032, Utilities Code;
(2)  one representative of the health information technology industry;
(3)  two representatives of unaffiliated nonprofit organizations that advocate for elderly persons statewide;
(4)  two representatives of unaffiliated nonprofit organizations that have a demonstrated history of working with the legislature and the public to identify solutions for expanding broadband to rural, unserved areas of this state;
(5)  one representative of an agricultural advocacy organization in this state;
(6)  one representative of a hospital advocacy organization in this state;
(7)  one representative of a medical advocacy organization in this state;
(8)  one county official who serves in an elected office of a county with a population of less than 35,000;
(8-a)  one county clerk of a county with a population of less than 60,000;
(8-b)  one sheriff of a county with a population of less than 60,000;
(9)  one municipal official who serves in an elected office of a municipality with a population of less than 20,000 located in a county with a population of less than 60,000;
(10)  one representative of an institution of higher education that has its main campus in a county with a population of less than 60,000;
(11)  one representative of a school district with a territory that includes only counties with a population of less than 60,000;
(12)  one representative from a library association;
(13)  one hospital administrator employed by a licensed hospital located in a county with a population of less than 60,000;
(14)  one representative from an electric cooperative providing broadband;
(15)  one representative of a school district with a territory that includes all or part of a county with a population of more than 500,000; and
(16)  one representative of a nonprofit organization that has a demonstrated history of facilitating broadband adoption by offering digital literacy training or providing access to broadband technology.
(b)  The governor shall, to the greatest extent practicable, make appointments to the council that ensure that the composition of the council reflects the racial and ethnic composition of the state.
(c)  A member of the council appointed under Subsection (a) serves for a five-year term.
(d)  A vacancy on the council is filled in the same manner as the original appointment.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.003. Council Officers; Committees

Sec. 490H.003.  COUNCIL OFFICERS; COMMITTEES.  (a)  The governor shall designate from the members of the council a chair and vice chair of the council for two-year terms.
(b)  When designating a chair or vice chair, the governor shall ensure that:
(1)  during a term when the chair resides in a county with a population of 100,000 or more, the vice chair resides in a county with a population of less than 100,000;
(2)  during a term when the chair resides in a county with a population of less than 100,000, the vice chair resides in a county with a population of 100,000 or more;
(3)  persons described by Subdivision (1) are immediately succeeded by persons described by Subdivision (2); and
(4)  persons described by Subdivision (2) are immediately succeeded by persons described by Subdivision (1).
(c)  The chair may appoint subcommittees and technical advisory committees to assist with the duties of the council.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.004. Meetings

Sec. 490H.004.  MEETINGS.  (a)  The council shall convene at least once every quarter.
(b)  The council shall convene at the call of the chair or, if the chair is unable to call a meeting or does not call at least one meeting to meet the requirements of Subsection (a), at the call of the vice chair.
(c)  The council shall:
(1)  post the agenda for each council meeting on the council's Internet website at least 48 hours before the meeting; and
(2)  not later than the 14th day after the date of each meeting, post on the council's Internet website the minutes or recording of the meeting required under Section 551.021.
(d)  As an exception to Chapter 551 and other law, the council may meet by use of video conference call.  This subsection applies for purposes of constituting a quorum, for purposes of voting, and for any other purpose allowing a member of the council to fully participate in any meeting of the council.  A meeting held by use of video conference call:
(1)  must be open to the public, which includes a video broadcast of the meeting in real time through the council's Internet website;
(2)  must specify in the meeting notice the link to the video broadcast described by Subdivision (1); and
(3)  must provide two-way video communication between all council members attending the meeting.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 3, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.005. Administrative Support

Sec. 490H.005.  ADMINISTRATIVE SUPPORT.  The office of the governor shall provide administrative support to the council.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.006. Duties

Sec. 490H.006.  DUTIES.  (a)  The council shall:
(1)  research and monitor the progress of:
(A)  broadband development in unserved areas;
(B)  deployment of broadband statewide;
(C)  purchase of broadband by residential and commercial customers; and
(D)  patterns and discrepancies in access to broadband;
(2)  identify barriers to residential and commercial broadband deployment in unserved areas;
(3)  study:
(A)  technology-neutral solutions to overcome barriers identified under Subdivision (2);
(B)  industry and technology trends in broadband; and
(C)  the detrimental impact of pornographic or other obscene materials on residents of this state and the feasibility of limiting access to those materials; and
(4)  analyze how statewide access to broadband would benefit:
(A)  economic development;
(B)  the delivery of educational opportunities in higher education and public education;
(C)  state and local law enforcement;
(D)  state emergency preparedness; and
(E)  the delivery of health care services, including telemedicine and telehealth.
(b)  The council may research another matter related to broadband.
(c)  For the purpose of performing its duties under this section, the council may consult with a representative of an institution of higher education who has published scholarly research on broadband.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 4, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.007. Annual Report

Sec. 490H.007.  ANNUAL REPORT.  Not later than November 1 of each year, the council shall prepare and deliver an electronic report of its findings and recommendations to the governor, the lieutenant governor, and each member of the legislature.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490H - Governor's Broadband Development Council › Section 490H.008. Expiration

Sec. 490H.008.  EXPIRATION.  This chapter expires September 1, 2029.
Added by Acts 2019, 86th Leg., R.S., Ch. 228 (H.B. 1960), Sec. 1, eff. May 25, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0101. Threshold Speed for Broadband Service

Sec. 490I.0101.  THRESHOLD SPEED FOR BROADBAND SERVICE.  (a)  For purposes of this chapter, subject to Subsection (b), "broadband service" means Internet service with the capability of providing a:
(1)  speed of not less than 25 megabits per second for a download;
(2)  speed of not less than three megabits per second for an upload; and
(3)  network round-trip latency of less than or equal to 100 milliseconds based on the 95th percentile of speed measurements.
(b)  If the Federal Communications Commission adopts standards for advanced telecommunications capability under 47 U.S.C. Section 1302 that are different than those specified by Subsection (a), the comptroller by rule may require Internet service to be capable of matching the federal standards in order to qualify under this chapter as "broadband service."
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 352 (S.B. 1238), Sec. 7(1), eff. June 2, 2023.
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 352 (S.B. 1238), Sec. 1, eff. June 2, 2023.
Acts 2023, 88th Leg., R.S., Ch. 352 (S.B. 1238), Sec. 7(1), eff. June 2, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0102. Office

Sec. 490I.0102.  OFFICE.  (a)  The broadband development office is an office within the comptroller's office.
(b)  The comptroller may employ additional employees necessary for the discharge of the duties of the broadband development office.
(c)  The broadband development office:
(1)  is under the direction and control of the comptroller;
(2)  shall promote the policies enumerated in this chapter; and
(3)  may perform any action authorized by state or federal law.
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0103. Powers and Duties

Sec. 490I.0103.  POWERS AND DUTIES.  (a)  The broadband development office shall:
(1)  serve as a resource for information regarding broadband service and digital connectivity in this state;
(2)  engage in outreach to communities regarding the expansion, adoption, affordability, and use of broadband service and the programs administered by the office; and
(3)  serve as an information clearinghouse in relation to:
(A)  federal programs providing assistance to local entities with respect to broadband service; and
(B)  addressing barriers to digital connectivity.
(b)  The office has the powers necessary to carry out the duties of the office under this chapter, including the power to enter into contracts and other necessary instruments.
(c)  This chapter does not grant the comptroller authority to regulate broadband services or broadband service providers or, except as required of an applicant or recipient under Section 490I.0106, to require broadband service providers to submit information to the comptroller.
(d)  For the purpose of carrying out a duty or power of the office under this chapter, the office may:
(1)  advertise in any available media; and
(2)  promote the office's programs and functions.
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0104. Participation in Proceedings of Federal Communications Commission

Sec. 490I.0104.  PARTICIPATION IN PROCEEDINGS OF FEDERAL COMMUNICATIONS COMMISSION.  (a)  The broadband development office may monitor, participate in, and provide input in proceedings of the Federal Communications Commission related to the geographic availability and deployment of broadband service in this state to ensure that:
(1)  the information available to the commission reflects the current status of geographic availability and deployment of broadband service in this state; and
(2)  this state is best positioned to benefit from broadband service deployment programs administered by federal agencies.
(b)  The office may participate in a process established by the Federal Communications Commission allowing governmental entities to challenge the accuracy of the commission's information regarding the geographic availability and deployment of broadband service.
(c)  The office shall establish procedures and a data collection process in accordance with rules established by the Federal Communications Commission that will enable the office to participate in the process described by Subsection (b).
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.01051. Map of Locations Receiving Broadband and Certain Telecommunications Services; Report

Sec. 490I.01051.  MAP OF LOCATIONS RECEIVING BROADBAND AND CERTAIN TELECOMMUNICATIONS SERVICES; REPORT.  (a) The Public Utility Commission of Texas shall create, update annually, and publish on the commission's Internet website a map that shows locations in this state that are:
(1)  receiving reliable broadband service at speeds of not less than 100 megabits per second for a download and not less than 20 megabits per second for an upload;
(2)  served by an eligible telecommunications provider under Section 56.023, Utilities Code, that receives support for that purpose under a plan of the state universal service fund established under Section 56.021, Utilities Code; and
(3)  described by both Subdivisions (1) and (2).
(b)  The comptroller shall assist the Public Utility Commission of Texas in creating and updating the map described by Subsection (a).
(c)  Not later than December 1 of each year, the Public Utility Commission of Texas shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the legislature that shows the locations described by Subsection (a)(3).
Added by Acts 2023, 88th Leg., R.S., Ch. 964 (S.B. 2119), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.01061. Existing Federal Funding; Reporting Requirements

Sec. 490I.01061.  EXISTING FEDERAL FUNDING; REPORTING REQUIREMENTS.  (a)  The broadband development office may award a grant, loan, or other financial incentive for deployment of last-mile broadband service for a location that is subject to a federal commitment to deploy qualifying broadband service if:
(1)  federal funding is forfeited or the recipient of the federal funding is disqualified from receiving the funding; and
(2)  the location otherwise may receive funding under the program.
(b)  An applicant for an award under this chapter that has been awarded federal funding directly and has entered into an enforceable commitment to deploy broadband services in a location shall provide to the office information the office may require regarding:
(1)  the existing enforceable commitment; and
(2)  the proposed deployment of broadband.
Added by Acts 2023, 88th Leg., R.S., Ch. 352 (S.B. 1238), Sec. 4, eff. June 2, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.01062. Fiber Optic Preference

Sec. 490I.01062.  FIBER OPTIC PREFERENCE.  (a)  The broadband development office shall prioritize broadband infrastructure projects that connect each end-user location using end-to-end fiber optic facilities that meet speed, latency, reliability, consistency, scalability, and related criteria as the office shall determine for each applicable notice of funds availability.
(b)  The office may consider an application for a broadband infrastructure project that does not employ end-to-end fiber optic facilities if the use of an alternative technology:
(1)  is proposed for a high cost area;
(2)  may be deployed at a lower cost; or
(3)  meets the criteria established by the office under Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 352 (S.B. 1238), Sec. 4, eff. June 2, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0107. State Broadband Plan

Sec. 490I.0107.  STATE BROADBAND PLAN.  (a)  The broadband development office shall prepare, update, and publish on the comptroller's Internet website a state broadband plan that establishes long-term goals for greater access to and adoption, affordability, and use of broadband service in this state.
(b)  In developing the state broadband plan, the office shall:
(1)  to the extent possible, collaborate with state agencies, political subdivisions, broadband industry stakeholders and representatives, and community organizations that focus on broadband services and technology access;
(2)   favor policies that are technology-neutral and protect all members of the public;
(3)   explore state and regional approaches to broadband development; and
(4)   examine broadband service needs related to:
(A)  public safety, including the needs of state agencies involved in the administration of criminal justice, as that term is defined by Article 66.001, Code of Criminal Procedure;
(B)  public education and state and local education agencies, including any agency involved in the electronic administration of an assessment instrument required under Section 39.023, Education Code; and
(C)  public health, including the needs of state agencies involved in the administration of public health initiatives such as the Health and Human Services Commission and the Department of State Health Services.
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 352 (S.B. 1238), Sec. 5, eff. June 2, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0108. Broadband Development Account

Sec. 490I.0108.  BROADBAND DEVELOPMENT ACCOUNT.  (a)  The broadband development account is an account in the general revenue fund.
(b)  The account consists of:
(1)  appropriations of money to the account by the legislature;
(2)  gifts, donations, and grants, including federal grants; and
(3)  interest earned on the investment of the money in the account.
(c)  The comptroller shall deposit to the credit of the account federal money received by the state for the purpose of broadband development, to the extent permitted by federal law.
(d)  Money in the account may be appropriated only to the broadband development office for purposes of:
(1)  creating or updating the map described by Section 490I.0105;
(2)  administering the broadband development program under Section 490I.0106;
(3)  creating or updating the state broadband plan under Section 490I.0107; or
(4)  engaging in outreach to communities regarding the expansion, adoption, affordability, and use of broadband service and the programs administered by the office and equipment.
(e)  The account is exempt from the application of Sections 403.095, 403.0956, and 404.071.
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 490I - Broadband Development Office › Section 490I.0109. Rulemaking

Sec. 490I.0109.  RULEMAKING.  The comptroller may adopt rules as necessary to implement this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 491 - Texas Board of Criminal Justice, Texas Department of Criminal Justice: General Provisions › Section 491.001. Definitions

Sec. 491.001.  DEFINITIONS.  (a)  In this subtitle, except for Chapter 511:
(1)  "Board" means the Texas Board of Criminal Justice, except as provided by Section 508.001.
(2)  "Community justice assistance division" means the community justice assistance division of the department.
(3)  "Department" means the Texas Department of Criminal Justice, except in Chapter 509.
(4)  "Executive director" means the executive director of the department.
(5)  "Institutional division" means the institutional division of the department.
(6)  "Internal audit division" means the internal audit division of the department.
(7)  "Pardons and paroles division" means the pardons and paroles division of the department.
(8)  "State jail division" means the state jail division of the department.
(b)  A reference in other law to:
(1)  "Board of Pardons and Paroles" means:
(A)  the Board of Pardons and Paroles in any statute relating to a subject under the board's jurisdiction as provided by Chapter 508;  or
(B)  the pardons and paroles division in any statute relating to a subject under the division's jurisdiction as provided by Chapter 508.
(2)  "Probation department" or "adult probation department" means a community supervision and corrections department established under Chapter 76, Government Code.
(3)  "Texas Adult Probation Commission" means the community justice assistance division.
(4)  "Texas Board of Corrections" means the board.
(5)  "Texas Department of Corrections" means the institutional division.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 988, Sec. 1.01, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 7.04, 7.17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 12.06, 12.07, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 490, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.001. Control Over Department

Sec. 492.001.  CONTROL OVER DEPARTMENT.  The board governs the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.0011. Private Sector Prison Industries Program Management

Sec. 492.0011.  PRIVATE SECTOR PRISON INDUSTRIES PROGRAM MANAGEMENT.  (a)  The board shall approve, certify, and supervise private sector prison industries programs operated by the department, the Texas Juvenile Justice Department, and county correctional facilities in accordance with Subchapter C, Chapter 497.
(b)  This section does not authorize the board to direct the general operations of or to govern the Texas Juvenile Justice Department or county correctional facilities in any manner not specifically described by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 96, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.002. Composition of Board; Compensation of Members

Sec. 492.002.  COMPOSITION OF BOARD;  COMPENSATION OF MEMBERS.  (a)  The board is composed of nine members appointed by the governor with the advice and consent of the senate.  The governor may not appoint more than two members who reside in an area encompassed by the same administrative judicial region, as determined by Section 74.042.
(b)  Members serve staggered six-year terms with the terms of three members expiring February 1 of each odd-numbered year.
(c)  A member of the board is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses as provided by the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.0031. Training Program for Members

Sec. 492.0031.  TRAINING PROGRAM FOR MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board 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 legislation that created the department and the board;
(2)  the programs operated by the department;
(3)  the role and functions of the department;
(4)  the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the department;
(6)  the results of the most recent formal audit of the department;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551;
(B)  the public information law, Chapter 552;
(C)  the administrative procedure law, Chapter 2001;  and
(D)  other laws relating to public officials, including conflict of interest laws;  and
(8)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(b-1)  In addition to the information described by Subsection (b), the training program must provide the person with information regarding:
(1)  the legislative history of Subchapter C, Chapter 497;
(2)  the history and operation of programs under that subchapter; and
(3)  any applicable federal law concerning the operation or certification of a program under that subchapter.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.004. Notice of Qualifications, Responsibilities

Sec. 492.004.  NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.  The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding requirements for office or employment under this subtitle, including information regarding a person's responsibilities under applicable law relating to standards of conduct for state officers or employees.
Added by Acts. 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.03, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.005. Organization of Board

Sec. 492.005.  ORGANIZATION OF BOARD.  (a)  At the beginning of a governor's term, the governor shall designate one member of the board as chairman of the board.  That member shall serve as chairman at the pleasure of the governor.
(b)  The board shall elect a vice-chairman of the board from among its members and may appoint committees to accomplish the duties of the board.
(c)  The board may employ clerical assistance as necessary to discharge the board's duties.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.006. Board Meetings

Sec. 492.006.  BOARD MEETINGS.  (a)  The board shall meet at least once in each quarter of the calendar year at a site determined by the chairman.
(b)  The board may meet at other times at the call of the chairman or as provided by the rules of the board.
(c)  At each regularly scheduled meeting of the board, the board shall allow:
(1)  the presiding officer of the Board of Pardons and Paroles or a designee of the presiding officer to present to the board any item relating to the operation of the parole system determined by the presiding officer to require the board's consideration;  and
(2)  the chairman of the judicial advisory council to the community justice assistance division and to the board to present to the board any item relating to the operation of the community justice system determined by the chairman to require the board's consideration.
Added by Acts 1989, 71st Leg. ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 268, Sec. 46(2), eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.04, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.007. Opportunity for Public to Appear Before Board

Sec. 492.007.  OPPORTUNITY FOR PUBLIC TO APPEAR BEFORE BOARD.  The board by rule shall provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.008. Oaths; Examination of Witnesses; Inquiries

Sec. 492.008.  OATHS;  EXAMINATION OF WITNESSES;  INQUIRIES.  Each member of the board and the executive director, in the discharge of a duty, may administer oaths, summon and examine witnesses, and take other actions necessary to determine the truth of a matter about which the member or executive director is entitled to inquire.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.009. Seal

Sec. 492.009.  SEAL.  (a)  The board shall use an official seal to attest to official acts of the board.
(b)  The official seal must contain an engraved, five-pointed star in the center with the words "Texas Board of Criminal Justice" around the margin.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.010. Suits by Board

Sec. 492.010.  SUITS BY BOARD.  (a)  The board may sue for the collection and enforcement of demands and debts owed to the department.  The venue of a suit authorized by this section is in Travis County.  The attorney general shall represent the board.
(b)  In a suit brought against the board or a member of the board for acts made in an official capacity other than a suit brought by the state, the board or a member of the board may not be required to supply any form of security, including:
(1)  a bond for costs;
(2)  an appeal bond;
(3)  a supersedeas bond;  and
(4)  a writ of error bond.
(c)  This section does not authorize a civil suit against the board or a member of the board, but does not prohibit a claim that is an offset or counterclaim to an action originally brought by the board.
(d)  The executive director is the only person authorized to receive service on behalf of the board, department, or any division of the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended 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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.012. Sunset Provision

Sec. 492.012.  SUNSET PROVISION.  The Texas Board of Criminal Justice and the Texas Department of Criminal Justice are subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board and the department are abolished September 1, 2025.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.01, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 321, Sec. 1.112, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.05, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 1.01, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 14, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.04, eff. July 10, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 3.03, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.013. General Powers and Duties of Board

Sec. 492.013.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The board may adopt rules as necessary for its own procedures and for operation of the department.
(b)  The board shall employ an executive director.  The board shall supervise the executive director's administration of the department.
(c)  The board shall approve the operating budget of the department and the department's request for appropriations.
(d)  The board shall appoint the members of any advisory committees to the department.
(e)  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department.
(f)  The board may apply for and accept gifts or grants from any public or private source for use in maintaining and improving correctional programs and services.
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. 1.06, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.0131. Parole Rules, Policies, Procedures

Sec. 492.0131.  PAROLE RULES, POLICIES, PROCEDURES.  The board and the presiding officer of the Board of Pardons and Paroles shall jointly review all rules, policies, and procedures of the department and the Board of Pardons and Paroles that relate to or affect the operation of the parole process.  The board and the presiding officer of the Board of Pardons and Paroles shall identify areas of inconsistency between the department and the Board of Pardons and Paroles and shall amend rules or change policies and procedures as necessary for consistent operation of the parole process.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.07, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.01, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.014. Headquarters

Sec. 492.014.  HEADQUARTERS.  (a)  The board shall maintain headquarters in Austin.
(b)  The department shall maintain dual headquarters in Austin and Huntsville.  The institutional division shall maintain its headquarters in Huntsville and may not assign more than 15 personnel to Austin.  The board shall attempt to locate all Austin offices in one building or in buildings that are in close proximity to one another.
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 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.015. Use of Technology

Sec. 492.015.  USE OF TECHNOLOGY.  The board shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions.  The policy must ensure that the public is able to interact with the department on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 15, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.016. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 492.016.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 15, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 492 - Texas Board of Criminal Justice: General Duties; Membership › Section 492.017. Legislative Appropriations Request

Sec. 492.017.  LEGISLATIVE APPROPRIATIONS REQUEST.  (a)  The board shall require the department to submit each legislative appropriations request, accompanied by the most recent report prepared by the community justice assistance division of the department under Section 509.004(c), to the board for approval before the department submits the appropriations request to the Legislative Budget Board.
(b)  In deciding whether to approve a legislative appropriations request submitted under Subsection (a), the board shall consider the most recent report prepared by the community justice assistance division of the department under Section 509.004(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1045 (H.B. 3691), Sec. 3, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1074 (S.B. 1055), 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 493.001. Department Mission

Sec. 493.001.  DEPARTMENT MISSION.  The mission of the department is to provide public safety, promote positive change in offender behavior, reintegrate offenders into society, and assist victims of crime.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.001, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.08, 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 493.002. Divisions

Sec. 493.002.  DIVISIONS.  (a)  The following divisions are within the department:
(1)  the community justice assistance division;
(2)  the institutional division;
(3)  the pardons and paroles division;
(4)  the state jail division;
(5)  the internal audit division;  and
(6)  the programs and services division.
(b)  The board may establish additional divisions within the department as it determines is necessary.
(c)  Except as provided by Section 493.0052, the executive director shall hire a director for each division in the department, and each director serves at the pleasure of the executive director.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 1.02, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 490, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1360, Sec. 2, eff. Sept. 1, 1998;  Acts 2001, 77th Leg., ch. 1420, Sec. 9.006, 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 493.0021. Organizational Flexibility

Sec. 493.0021.  ORGANIZATIONAL FLEXIBILITY.  (a)  Notwithstanding Sections 493.002, 493.003, 493.004, 493.005, 493.0051, 493.0052, as added by Chapter 1360, Acts of the 75th Legislature, Regular Session, 1997, and 493.0052, as added by Chapter 490, Acts of the 75th Legislature, Regular Session, 1997, the executive director, with the approval of the board, may:
(1)  create divisions in addition to those listed in Section 493.002 and assign to the newly created divisions any duties and powers imposed on or granted to an existing division or to the department generally;
(2)  eliminate any division listed in Section 493.002 or created under this section and assign any duties or powers previously assigned to the eliminated division to another division listed in Section 493.002 or created under this section;  or
(3)  eliminate all divisions listed in Section 493.002 or created under this section and reorganize the distribution of powers and duties granted to or imposed on a division in any manner the executive director determines is best for the proper administration of the department.
(b)  The executive director may not take an action under this section with potential impact on the administration of community corrections programs by community supervision and corrections departments without requesting and considering comments from the judicial advisory council to the community justice assistance division of the Texas Department of Criminal Justice and the Texas Board of Criminal Justice as to the effect of the proposed action.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.09, 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 493.003. Community Justice Assistance Division

Sec. 493.003.  COMMUNITY JUSTICE ASSISTANCE DIVISION.  (a)  The community justice assistance division shall:
(1)  establish minimum standards for programs, facilities, and services provided by community supervision and corrections departments;  and
(2)  fund programs, facilities, and services for community supervision and corrections departments.
(b)  The chief justice of the Supreme Court of Texas and the presiding judge of the Texas Court of Criminal Appeals shall each appoint six members to serve as the judicial advisory council to the community justice assistance division and the board.  The advisory council members serve staggered six-year terms, with the terms of four of the members expiring September 1 of each odd-numbered year.  In the event of a vacancy during a term, the appointing authority for the member who vacated the office shall appoint a replacement to fill the unexpired portion of the term.  The advisory council shall advise the director of the community justice assistance division and the board on matters of interest to the judiciary, and the director and the board shall carefully consider the advice.  Members of the advisory council are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses in the conduct of their duties, as provided by the General Appropriations Act.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 2.03, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 321, Sec. 1.002(a), 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 493.004. Institutional Division

Sec. 493.004.  INSTITUTIONAL DIVISION.  The institutional division shall operate and manage the state prison system.
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 493.005. Pardons and Paroles Division

Sec. 493.005.  PARDONS AND PAROLES DIVISION.  The pardons and paroles division shall supervise and reintegrate felons into society after release from confinement.
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 493.0051. State Jail Division

Sec. 493.0051.  STATE JAIL DIVISION.  The state jail division shall operate and manage state jails to confine defendants described by Section 507.002.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.03, eff. Sept. 1, 1993.