reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.033. Rehabilitation Programs

Sec. 507.033.  REHABILITATION PROGRAMS.  (a)  The state jail division may allow a defendant who is capable of serving as a tutor to tutor functionally illiterate defendants and shall actively encourage volunteer organizations to aid in the tutoring of defendants.  A person who acts as a tutor may function only as a teacher and advisor to a defendant and may not exercise supervisory authority or control over the defendant.
(b)  The state jail division shall actively encourage volunteer organizations to provide the following programs for defendants who are housed in facilities operated by or under contract with the division:
(1)  literacy and education programs;
(2)  life skills programs;
(3)  job skills programs;
(4)  parent-training programs;
(5)  drug and alcohol rehabilitation programs;
(6)  support group programs;
(7)  arts and crafts programs;  and
(8)  other programs determined by the division to aid defendants confined in state jail felony facilities in the transition from confinement or supervision back into society and to reduce incidents of recidivism among defendants.
Added by Acts 2003, 78th Leg., ch. 391, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.034. Veterans Reentry Dorm Program

Sec. 507.034.  VETERANS REENTRY DORM PROGRAM.  (a)  The department, in coordination with the Texas Veterans Commission, shall establish and administer a voluntary rehabilitation and transition program for defendants confined in state jail felony facilities:
(1)  who are veterans of the United States armed forces, including veterans of the reserves, national guard, or state guard; and
(2)  who suffer from a brain injury, a mental illness, a mental disorder, including post-traumatic stress disorder, or substance abuse, or were victims of military sexual trauma, as defined by Section 124.002, that:
(A)  occurred during or resulted from their military service; and
(B)  may have contributed to their criminal activity.
(b)  The program established under this section must:
(1)  provide for investigating and verifying the veteran status of each defendant confined in a state jail felony facility by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service;
(2)  be available to male defendants and, if resources are available, female defendants;
(3)  include provisions regarding interviewing and selecting defendants for participation in the program;
(4)  allow a defendant to decline participation in the program or to withdraw from the program at any time;
(5)  house defendants participating in the program in housing that is designed to mimic the squadron structure familiar to veterans;
(6)  coordinate and provide available services and programming approved by the department, including:
(A)  individual and group peer support programing, as appropriate;
(B)  access to military trauma-informed licensed mental health professional counseling, as appropriate;
(C)  evidence-based rehabilitation programming; and
(D)  reemployment services; and
(7)  to the extent feasible, not later than the 60th day before the date a defendant participating in the program is scheduled for release or discharge from the department:
(A)  match the defendant with community-based veteran peer support services to assist the defendant in transitioning into the community; and
(B)  transfer the defendant to a state jail felony facility located near the defendant's home community, or the community in which the defendant intends to reside after the defendant's release or discharge, to begin establishing transition relationships with community-based veteran peer support service providers and family members.
Added by Acts 2017, 85th Leg., R.S., Ch. 987 (H.B. 865), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter A. General Provisions › Section 508.001. Definitions

Sec. 508.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Board of Pardons and Paroles.
(2)  "Community supervision and corrections department" means a department established under Chapter 76.
(3)  "Director" means the director of the pardons and paroles division.
(4)  "Division" means the pardons and paroles division.
(5)  "Mandatory supervision" means the release of an eligible inmate sentenced to the institutional division so that the inmate may serve the remainder of the inmate's sentence not on parole but under the supervision of the pardons and paroles division.
(6)  "Parole" means the discretionary and conditional release of an eligible inmate sentenced to the institutional division so that the inmate may serve the remainder of the inmate's sentence under the supervision of the pardons and paroles division.
(7)  "Parole officer" means a person appointed by the director and assigned the duties of assessment of risks and needs, investigation, case management, and supervision of releasees to ensure that releasees are complying with the conditions of parole or mandatory supervision.
(8)  "Parole commissioner" means a person employed by the board to perform the duties described by Section 508.0441.
(9)  "Releasee" means a person released on parole or to mandatory supervision.
(10)  "Presiding officer" means the presiding officer of the Board of Pardons and Paroles.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.01, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.02, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter A. General Provisions › Section 508.002. Clemency, Commutation Distinguished

Sec. 508.002.  CLEMENCY, COMMUTATION DISTINGUISHED.  Neither parole nor mandatory supervision is a commutation of sentence or any other form of clemency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter A. General Provisions › Section 508.003. Inapplicable to Juveniles and Certain Inmates

Sec. 508.003.  INAPPLICABLE TO JUVENILES AND CERTAIN INMATES.  (a)  This chapter does not apply to an emergency absence under escort granted to an inmate by the institutional division under Section 501.006.
(b)  Except as provided by Subsection (c), this chapter does not apply to release on parole from an institution for juveniles.
(c)  The provisions of this chapter not in conflict with Section 508.156 apply to parole of a person from the Texas Juvenile Justice Department or from a post-adjudication secure correctional facility operated by or under contract with a juvenile board or local juvenile probation department under that section.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 100, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.031. Composition of Board

Sec. 508.031.  COMPOSITION OF BOARD.  (a)  The board consists of seven members appointed by the governor with the advice and consent of the senate.
(b)  Appointments to the board must be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointed members.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 554, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.03, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.032. Requirements for Membership

Sec. 508.032.  REQUIREMENTS FOR MEMBERSHIP.  (a)  Board members must be representative of the general public.
(b)  A member must have resided in this state for the two years before appointment.
(c)(1) A person who is a former employee of the department may not serve on the board before the second anniversary of the date the person terminated employment with the department.
(2)  A person who is employed by the department on August 1, 2003, may not serve on the board before August 1, 2005.
(d)  At any time not more than three members of the board may be former employees of the department.
(e)  For purposes of Subsections (c) and (d), previous service as a board member is not considered to be employment with the department.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.04, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.034. Grounds for Removal

Sec. 508.034.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualification required by Section 508.032(b) for appointment to the board;
(2)  is ineligible for membership under Section 508.033;
(3)  is unable to discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability;  or
(4)  is absent from more than half of the regularly scheduled board or panel meetings that the member is eligible to attend during each calendar year.
(b)  The board administrator or the board administrator's designee shall provide to members of the board and to employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(c)  The validity of an action of the board or panel is not affected by the fact that the action is taken when a ground for removal of a board member exists.
(d)  If the general counsel to the board has knowledge that a potential ground for removal exists, the general counsel shall notify the presiding officer of the board of the potential ground.  The presiding officer shall notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the general counsel to the board shall notify the governor and the attorney general that a potential ground for removal exists.
(e)  It is a ground for removal from the board that a member fails to comply with policies or rules adopted by the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.05, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 554, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 856, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.05, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.035. Presiding Officer

Sec. 508.035.  PRESIDING OFFICER.  (a)  The governor shall designate one member to serve as presiding officer of the board.
(b)  The presiding officer serves in that capacity at the pleasure of the governor.
(c)  The presiding officer reports directly to the governor and serves as the administrative head of the board.
(d)  The presiding officer may:
(1)  delegate responsibilities and authority to other members of the board, parole commissioners, or to employees of the board;
(2)  appoint advisory committees from the membership of the board or from parole commissioners to further the efficient administration of board business;  and
(3)  establish policies and procedures to further the efficient administration of the business of the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 856, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.06, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.0362. Training Required

Sec. 508.0362.  TRAINING REQUIRED.  (a)  (1) 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 at least one course of a training program that complies with this section.
(2)  A parole commissioner employed by the board may not vote or deliberate on a matter described by Section 508.0441 until the person completes at least one course of a training program that complies with this section.
(b)  A training program must provide information to the person regarding:
(1)  the enabling legislation that created the board;
(2)  the programs operated by the board;
(3)  the role and functions of the board and parole commissioners;
(4)  the rules of the board;
(5)  the current budget for the board;
(6)  the results of the most recent formal audit of the board;
(7)  the requirements of the:
(A)  open meetings law, Chapter 551;
(B)  open records law, Chapter 552;  and
(C)  administrative procedure law, Chapter 2001;
(8)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(9)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(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. 62, Sec. 10.08, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 554, Sec. 4, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.08, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.037. Terms; Removal

Sec. 508.037.  TERMS;  REMOVAL.  (a)  A board member holds office for a term of six years.
(b)  The terms of one-third of the members expire February 1 of each odd-numbered year.
(c)  The governor may remove a board member, other than a member appointed by another governor, at any time and for any reason.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.038. Vacancies

Sec. 508.038.  VACANCIES.  If a vacancy occurs, the governor shall appoint in the same manner as other appointments are made a person to serve the remainder of the unexpired term.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.039. Compensation

Sec. 508.039.  COMPENSATION.  A board member is paid the salary the legislature determines in the General Appropriations Act.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.040. Personnel

Sec. 508.040.  PERSONNEL.  (a)  The presiding officer is responsible for the employment and supervision of:
(1)  parole commissioners;
(2)  a general counsel to the board;
(3)  a board administrator to manage the day-to-day activities of the board;
(4)  hearing officers;
(5)  personnel to assist in clemency and hearing matters;  and
(6)  secretarial or clerical personnel.
(b)  The board administrator or the board administrator's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity under which all personnel decisions of the board are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board 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 board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1), and be filed with the governor's office.
(d)  The board administrator or the board administrator's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the board.  The program shall require intra-agency posting of all positions concurrently with any public posting.
(e)  The board administrator or the board administrator's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for board employees must be based on the system established under this subsection.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.09, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 554, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.09, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.041. Designee Training; Handbook

Sec. 508.041.  DESIGNEE TRAINING;  HANDBOOK.  (a)  The board shall develop and implement:
(1)  a training program that each newly hired employee of the board designated to conduct hearings under Section 508.281 must complete before conducting a hearing without the assistance of a board member or experienced parole commissioner or designee;  and
(2)  a training program to provide an annual update to designees of the board on issues and procedures relating to the revocation process.
(b)  The board shall prepare and biennially update a procedural manual to be used by designees of the board.  The board shall include in the manual:
(1)  descriptions of decisions in previous hearings determined by the board to have value as precedents for decisions in subsequent hearings;
(2)  laws and court decisions relevant to decision making in hearings;  and
(3)  case studies useful in decision making in hearings.
(c)  The board shall prepare and update as necessary a handbook to be made available to participants in hearings under Section 508.281, such as defense attorneys, persons released on parole or mandatory supervision, and witnesses.  The handbook must describe in plain language the procedures used in a hearing under Section 508.281.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.10, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.10, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.042. Training Program for Members and Parole Commissioners

Sec. 508.042.  TRAINING PROGRAM FOR MEMBERS AND PAROLE COMMISSIONERS.  (a)  The board shall develop for board members and parole commissioners a comprehensive training and education program on the criminal justice system, with special emphasis on the parole process.
(b)(1) A new member may not participate in a vote of the board or a panel, deliberate, or be counted as a member in attendance at a meeting of the board until the member completes the program.
(2)  A new parole commissioner may not participate in a vote of a panel until the commissioner completes the program.  This subdivision does not apply to a new parole commissioner who as a board member completed the program.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.11, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 554, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.11, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.043. Gifts and Grants

Sec. 508.043.  GIFTS AND GRANTS.  The board may apply for and accept gifts or grants from any public or private source for use in any lawful purpose of the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.044. Powers and Duties of Board

Sec. 508.044.  POWERS AND DUTIES OF BOARD.  A board member shall give full time to the duties of the member's office, including duties imposed on the board by the Texas Constitution and other law.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.12 to 10.14, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 856, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.12, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.0441. Release and Revocation Duties

Sec. 508.0441.  RELEASE AND REVOCATION DUTIES.  (a)  Board members and parole commissioners shall determine:
(1)  which inmates are to be released on parole or mandatory supervision;
(2)  conditions of parole or mandatory supervision, including special conditions;
(3)  the modification and withdrawal of conditions of parole or mandatory supervision;
(4)  which releasees may be released from supervision and reporting;  and
(5)  the continuation, modification, and revocation of parole or mandatory supervision.
(b)  The board shall develop and implement a policy that clearly defines circumstances under which a board member or parole commissioner should disqualify himself or herself from voting on:
(1)  a parole decision;  or
(2)  a decision to revoke parole or mandatory supervision.
(c)  The board may adopt reasonable rules as proper or necessary relating to:
(1)  the eligibility of an inmate for release on parole or release to mandatory supervision;
(2)  the conduct of a parole or mandatory supervision hearing;  or
(3)  conditions to be imposed on a releasee.
(d)  The presiding officer may provide a written plan for the administrative review of actions taken by a parole panel by a review panel.
(e)  Board members and parole commissioners shall, at the direction of the presiding officer, file activity reports on duties performed under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.12 to 10.14, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 856, Sec. 4, eff. Sept. 1, 2001.  Redesignated from Government Code Sec. 508.044(b) to (f) and amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.12, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.045. Parole Panels

Sec. 508.045.  PAROLE PANELS.  (a)  Except as provided by Section 508.046, board members and parole commissioners shall act in panels composed of three in matters of:
(1)  release on parole;
(2)  release to mandatory supervision;  and
(3)  revocation of parole or mandatory supervision.
(b)  The presiding officer shall designate the composition of each panel and shall designate panels composed of at least one board member and any combination of board members and parole commissioners.
(c)  A parole panel may:
(1)  grant, deny, or revoke parole;
(2)  revoke mandatory supervision;  and
(3)  conduct parole revocation hearings and mandatory supervision revocation hearings.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.13, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.046. Extraordinary Vote Required

Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED.  To release on parole an inmate who was convicted of an offense under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is required under Section 508.145(c) to serve 35 calendar years before becoming eligible for release on parole, all members of the board must vote on the release on parole of the inmate, and at least two-thirds of the members must vote in favor of the release on parole.  A member of the board may not vote on the release unless the member first receives a copy of a written report from the department on the probability that the inmate would commit an offense after being released on parole.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.38, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.047. Meetings

Sec. 508.047.  MEETINGS.  (a)  The members of the board shall meet at least once in each quarter of the calendar year at a site determined by the presiding officer.
(b)  The members of the board are not required to meet as a body to perform the members' duties in clemency matters.
(c)  A majority of each parole panel constitutes a quorum for the transaction of the panel's business.  A panel's decision must be by majority vote.
(d)  The members of a parole panel are not required to meet as a body to perform the members' duties, except to conduct a hearing under Section 508.281.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.15, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.14, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.048. Subpoenas

Sec. 508.048.  SUBPOENAS.  (a)  A parole panel may issue a subpoena requiring the attendance of a witness or the production of any record, book, paper, or document the panel considers necessary for investigation of the case of a person before the panel.
(b)  A member of the board may sign a subpoena and administer an oath.
(c)  A peace officer, parole officer, or community supervision and corrections department officer may serve the subpoena in the same manner as similar process in a court of record having original jurisdiction of criminal actions is served.
(d)  A person who testifies falsely, fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena is subject to the same orders and penalties to which a person taking those actions before a court is subject.
(e)  On application of the board, a court of record having original jurisdiction of criminal actions may compel the attendance of a witness, the production of material, or the giving of testimony before the board, by an attachment for contempt or in the same manner as the court may otherwise compel the production of evidence.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.0481. Victim's Right to Representation

Sec. 508.0481.  VICTIM'S RIGHT TO REPRESENTATION.  (a)  If a victim, close relative of a deceased victim, or guardian of a victim is required by a subpoena issued under Section 508.048 to appear at a hearing, the victim, relative, or guardian is entitled to representation by counsel at the hearing.
(b)  This section does not require the state to provide representation by counsel to a victim, close relative of a deceased victim, or guardian of a victim.
(c)  In this section, "victim," "close relative of a deceased victim," and "guardian of a victim" have the meanings assigned by Section 508.117.
Added by Acts 2001, 77th Leg., ch. 1034, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.049. Mission Statement

Sec. 508.049.  MISSION STATEMENT.  (a)  The board, after consultation with the governor and the Texas Board of Criminal Justice, shall adopt a mission statement that reflects the responsibilities for the operation of the parole process that are assigned to the board, the division, the department, or the Texas Board of Criminal Justice.
(b)  The board shall include in the mission statement a description of specific locations at which the board intends to conduct business related to the operation of the parole process.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.16, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.15, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.050. Report to Governor

Sec. 508.050.  REPORT TO GOVERNOR.  (a)  On request of the governor, the board shall investigate a person being considered by the governor for:
(1)  pardon;
(2)  commutation of sentence;
(3)  reprieve;
(4)  remission of fine;  or
(5)  forfeiture.
(b)  The board shall report to the governor on its investigation and make recommendations about the person to the governor.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.051. Sunset Provision

Sec. 508.051.  SUNSET PROVISION.  The Board of Pardons and Paroles is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter.  The board shall be reviewed during the period in which the Texas Department of Criminal Justice is reviewed.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.17, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.052. Computers; Office Space; Other Equipment

Sec. 508.052.  COMPUTERS;  OFFICE SPACE;  OTHER EQUIPMENT.  (a)  The department by interagency contract may provide to the board necessary computer equipment and computer access to all computerized records and physical access to all printed records in the custody of the department that are related to the duties and functions of the board.
(b)  The department by interagency contract may provide to the board necessary and appropriate:
(1)  office space at locations designated by the presiding officer of the board;  and
(2)  utilities and communications equipment.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.053. Use of Technology

Sec. 508.053.  USE OF TECHNOLOGY.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 36, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.054. Records of Complaints

Sec. 508.054.  RECORDS OF COMPLAINTS.  (a)  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The board shall make information available describing its procedures for complaint investigation and resolution.
(c)  The board shall periodically notify the complaint parties of the status of the complaint until final disposition.
(d)  This section does not apply to a complaint about an individual parole determination or clemency recommendation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 36, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter B. Board of Pardons and Paroles › Section 508.055. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 508.055.  NEGOTIATED RULEMAKING AND 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 board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal disputes under the board's jurisdiction.
(b)  The board'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 board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 36, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter C. Representation of Inmates › Section 508.081. Definitions

Sec. 508.081.  DEFINITIONS.  In this subchapter:
(1)  "Compensation" has the meaning assigned by Section 305.002.
(2)  "Inmate" includes:
(A)  an administrative releasee;
(B)  an inmate imprisoned in the institutional division; and
(C)  a person confined in a county jail awaiting:
(i)  transfer to the institutional division; or
(ii)  a revocation hearing.
(3)  "Represent" means to directly or indirectly contact in person or by telephone, facsimile transmission, or correspondence a member or employee of the board or an employee of the department on behalf of an inmate.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter C. Representation of Inmates › Section 508.082. Rules

Sec. 508.082.  RULES.  The board shall adopt rules relating to:
(1)  the submission and presentation of information and arguments to the board, a parole panel, and the department for and in behalf of an inmate;  and
(2)  the time, place, and manner of contact between a person representing an inmate and:
(A)  a member of the board or a parole commissioner;
(B)  an employee of the board;  or
(C)  an employee of the department.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.18, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.16, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter C. Representation of Inmates › Section 508.083. Eligibility to Represent Inmates

Sec. 508.083.  ELIGIBILITY TO REPRESENT INMATES.  (a)  A person who represents an inmate for compensation must:
(1)  be an attorney licensed in this state;  and
(2)  register with the division.
(b)  A person serving as a member or employee of the board or the Texas Board of Criminal Justice may not, before the second anniversary of the date the person ceases to be a board member or employee:
(1)  represent any person in a matter before the board or a parole panel;  or
(2)  receive compensation for services rendered on behalf of any person regarding a matter pending before the board or a parole panel.
(c)  A person, other than a person subject to Subsection (b), who is employed by the department may not, before the second anniversary of the date the person terminates service with the department:
(1)  represent an inmate in a matter before the board or a parole panel;  or
(2)  receive compensation for services rendered on behalf of any person regarding a matter pending before the board or a parole panel.
(d)  Repealed by Acts 2003, 78th Leg., ch 1007, Sec. 2.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1007, Sec. 1, 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter C. Representation of Inmates › Section 508.084. Fee Affidavit

Sec. 508.084.  FEE AFFIDAVIT.  (a)  A person required to register under Section 508.083, before the person first contacts a member of the board, an employee of the board, or an employee of the department on behalf of an inmate, shall file a fee affidavit with the department in a form prescribed by the department for each inmate the person represents for compensation.
(b)  The fee affidavit must be written and verified and contain a statement of:
(1)  the registrant's full name and address;
(2)  the registrant's normal business, business phone number, and business address;
(3)  the full name of any former member or employee of the board or the Texas Board of Criminal Justice or any former employee of the department with whom the registrant:
(A)  is associated;
(B)  has a relationship as an employer or employee;  or
(C)  maintains a contractual relationship to provide services;
(4)  the full name and institutional identification number of the inmate the registrant represents;
(5)  the amount of compensation the registrant has received or expects to receive in exchange for the representation;  and
(6)  the name of the person providing the compensation.
(c)  If a registrant receives compensation in excess of the amount reported on the fee affidavit, the registrant shall file with the department, not later than the fifth day after the date the registrant receives compensation in excess of the reported amount, a supplemental fee affidavit in a form prescribed by the department indicating the total amount of compensation received for representing the inmate.
(d)  For each fee affidavit and supplemental fee affidavit received, the department shall:
(1)  keep a copy of the affidavit in a central location;  and
(2)  not later than the third day after the date the affidavit is filed, place a copy of the affidavit in the inmate's file that is reviewed by a parole panel or the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter C. Representation of Inmates › Section 508.085. Representation Summary Form

Sec. 508.085.  REPRESENTATION SUMMARY FORM.  (a)  A person required to register under Section 508.083 shall, for each calendar year in which the person represents an inmate, file a representation summary form with the division on a form prescribed by the division.
(b)  The form must be filed not later than January 31 of the year succeeding the year for which the report is filed and must include a statement of:
(1)  the registrant's full name and address;
(2)  the registrant's normal business, business phone number, and business address;
(3)  the full name of any former member or employee of the board or the Texas Board of Criminal Justice or any former employee of the department with whom the registrant:
(A)  is associated;
(B)  has a relationship as an employer or employee;  or
(C)  maintains a contractual relationship to provide services;
(4)  the full name and institutional identification number of each inmate the registrant represented in the previous calendar year;  and
(5)  the amount of compensation the registrant has received for representing each inmate in the previous calendar year.
(c)  A person who files a form under this section and for whom the information required for the form has changed shall, not later than the 10th day after the date the information changes, file a supplemental statement with the division indicating the change.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter C. Representation of Inmates › Section 508.086. Criminal Penalties

Sec. 508.086.  CRIMINAL PENALTIES.  (a)  A former member or employee of the board or the Texas Board of Criminal Justice or a former employee of the department commits an offense if the former member or employee violates Section 508.083(b), (c), or (d).
(b)  A person who represents an inmate for compensation commits an offense if the person is not an attorney licensed in this state.
(c)  A person who is required to file an affidavit under Section 508.084(a) or (c) or a form or statement under Section 508.085 commits an offense if the person fails to file the affidavit, form, or statement.
(d)  An offense under Subsection (a) is a Class A misdemeanor.  An offense under Subsection (b) or (c) is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter D. Pardons and Paroles Division › Section 508.111. Director

Sec. 508.111.  DIRECTOR.  (a)  The executive director shall hire the director of the division.
(b)  The director is responsible for the administration of the division.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter D. Pardons and Paroles Division › Section 508.112. Duty of Division

Sec. 508.112.  DUTY OF DIVISION.  The division is responsible for the investigation and supervision of all releasees.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter D. Pardons and Paroles Division › Section 508.113. Parole Officers, Supervisors: Qualifications

Sec. 508.113.  PAROLE OFFICERS, SUPERVISORS:  QUALIFICATIONS.  (a)  This subsection and Subsection (b) apply only to a person employed as a parole officer or supervisor on or before September 1, 1990.  A person may not be employed as a parole officer or supervisor, or be responsible for investigating or supervising a releasee, unless the person has:
(1)  four years of successfully completed education in an accredited college or university;
(2)  two years of full-time paid employment in responsible correctional work with adults or juveniles or in a related field;  and
(3)  any other qualifications that may be specified by the director.
(b)  Additional experience in a category described by Subsection (a)(2) may be substituted year for year for the required college education, with a maximum substitution of two years.
(c)  The director shall establish qualifications for parole officers and supervisors that are the same as qualifications for community supervision and corrections department officers imposed by Section 76.005.  A person may not begin employment as a parole officer or supervisor after September 1, 1990, unless the person meets the qualifications established by the director.
(d)  A person who is serving as a peace officer or as a prosecuting attorney may not act as a parole officer or be responsible for supervising a releasee.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 508 - Parole and Mandatory Supervision › Subchapter D. Pardons and Paroles Division › Section 508.1131. Salary Career Ladder for Parole Officers

Sec. 508.1131.  SALARY CAREER LADDER FOR PAROLE OFFICERS.  (a)  The executive director shall adopt a salary career ladder for parole officers.  The salary career ladder must base a parole officer's salary on the officer's classification and years of service with the department.
(b)  For purposes of the salary schedule, the department shall classify all parole officer positions as Parole Officer I, Parole Officer II, Parole Officer III, Parole Officer IV, or Parole Officer V.
(c)  Under the salary career ladder adopted under Subsection (a), a parole officer to whom the schedule applies and who received an overall evaluation of at least satisfactory in the officer's most recent annual evaluation is entitled to an annual salary increase, during each of the officer's first 10 years of service in a designated parole officer classification as described by Subsection (b), equal to one-tenth of the difference between:
(1)  the officer's current annual salary; and
(2)  the minimum annual salary of a parole officer in the next highest classification.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 37, eff. June 15, 2007.