reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.137. Presiding Officer

Sec. 501.137.  PRESIDING OFFICER.  The governor shall designate a public member of the committee who is licensed to practice medicine in this state as presiding officer.  The presiding officer serves in that capacity at the will of the governor.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 27, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.138. Grounds for Removal

Sec. 501.138.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the committee that a member:
(1)  does not have at the time of taking office the qualifications required by Section 501.133;
(2)  does not maintain during service on the committee the qualifications required by Section 501.133;
(3)  is ineligible for membership under Section 501.134 or 501.135;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee.
(b)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.
(c)  If the managed health care administrator has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the committee of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the managed health care administrator shall notify the next highest ranking officer of the committee, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.139. Meetings

Sec. 501.139.  MEETINGS.  (a)  The committee shall meet at least once in each quarter of the calendar year and at any other time at the call of the presiding officer.
(b)  The committee may hold a meeting by telephone conference call or other video or broadcast technology.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.140. Training

Sec. 501.140.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee 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 committee;
(2)  the programs operated by the committee;
(3)  the role and functions of the committee;
(4)  the rules of the committee with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the committee;
(6)  the results of the most recent formal audit of the committee;
(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 committee or the Texas Ethics Commission.
(c)  A person appointed to the committee 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. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.141. Compensation; Reimbursement

Sec. 501.141.  COMPENSATION;  REIMBURSEMENT.  A committee member serves without compensation but is entitled to reimbursement for actual and necessary expenses incurred in the performance of the duties of the committee.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.142. Administration; Personnel

Sec. 501.142.  ADMINISTRATION;  PERSONNEL.  The committee may hire a managed health care administrator, who may employ personnel necessary for the administration of the committee's duties.  The committee shall pay necessary costs for its operation, including costs of hiring the managed health care administrator and other personnel, from funds appropriated by the legislature to the department for correctional health care.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.143. Division of Responsibilities

Sec. 501.143.  DIVISION OF RESPONSIBILITIES.  The committee shall develop and implement policies that clearly separate the policy-making responsibilities of the committee and the management responsibilities of the managed health care administrator and staff of the committee.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.144. Qualifications and Standards of Conduct Information

Sec. 501.144.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The managed health care administrator or the administrator's designee shall provide to members of the committee and to committee employees, as often as necessary, information regarding the requirements for office or employment under this subchapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.145. Equal Employment Opportunity Policy

Sec. 501.145.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The managed health care administrator or the administrator's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  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 committee 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 committee'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:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.146. Managed Health Care Plan

Sec. 501.146.  MANAGED HEALTH CARE PLAN.
(a)  The committee shall develop and approve a managed health care plan for all persons confined by the department that:
(1)  specifies the types and general level of care to be provided to persons confined by the department; and
(2)  ensures continued access to needed care in the correctional health care system.
(b)  To implement the managed health care plan, The University of Texas Medical Branch at Galveston and the Texas Tech University Health Sciences Center, for employees who are entitled to retain salary and benefits applicable to employees of the Texas Department of Criminal Justice under Section 9.01, Chapter 238, Acts of the 73rd Legislature, Regular Session, 1993, may administer, offer, and report through their payroll systems participation by those employees in the Texas employees group benefits program and the Employees Retirement System of Texas.
(c)  The committee shall provide expertise to the department, and may appoint subcommittees to assist the department, in developing policies and procedures for implementation of the managed health care plan.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.514, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.147. Powers and Duties of Department; Authority to Contract

Sec. 501.147.  POWERS AND DUTIES OF DEPARTMENT; AUTHORITY TO CONTRACT.  (a)  The department, in cooperation with the contracting entities, shall:
(1)  establish a managed health care provider network of physicians and hospitals to provide health care to persons confined by the department; and
(2)  evaluate and recommend to the board sites for new medical facilities that appropriately support the managed health care provider network.
(b)  The department may:
(1)  communicate with the legislature regarding the financial needs of the correctional health care system;
(2)  monitor the expenditures of a contracting entity to ensure that those expenditures comply with applicable statutory and contractual requirements;
(3)  address problems found through monitoring activities, including requiring corrective action if care does not meet expectations as determined by those monitoring activities;
(4)  identify and address long-term needs of the correctional health care system;
(5)  contract with any entity to fully implement the managed health care plan under this subchapter, including contracting for health care services and the integration of those services into the managed health care provider network;
(6)  contract with an individual for financial consulting services and make use of financial monitoring of the managed health care plan to assist the department in determining an accurate capitation rate; and
(7)  contract with an individual for actuarial consulting services to assist the department in determining trends in the health of the inmate population and the impact of those trends on future financial needs.
(c)  In contracting for the implementation of the managed health care plan, the department shall:
(1)  include provisions necessary to ensure that the contracting entity is eligible for and makes reasonable efforts to participate in the purchase of prescription drugs under Section 340B, Public Health Service Act (42 U.S.C. Section 256b); and
(2) to the extent possible, integrate the managed health care provider network with the medical schools and the component and affiliated hospitals of those medical schools.
(d)  For services that a governmental entity cannot provide, the department shall initiate a competitive bidding process for contracts with other providers for medical care to persons confined by the department.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 42.04, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.1471. Report

Sec. 501.1471.  REPORT.  (a)  Not later than the 30th day after the end of each fiscal quarter, the department shall submit to the Legislative Budget Board and the governor a report that contains, for the preceding quarter:
(1)  the actual and projected expenditures for the correctional health care system, including expenditures for unit and psychiatric care, hospital and clinical care, and pharmacy services;
(2)  health care utilization and acuity data;
(3)  other health care information as determined by the governor and the Legislative Budget Board; and
(4)  the amount of cost savings realized as a result of contracting for health care services under this subchapter with a provider other than the Texas Tech University Health Sciences Center and The University of Texas Medical Branch.
(b)  A contract entered into by the department for the provision of health care services must require the contracting entity to provide the department with necessary documentation to fulfill the requirements of this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.148. General Powers and Duties of Committee

Sec. 501.148.  GENERAL POWERS AND DUTIES OF COMMITTEE.
(a)  The committee may:
(1)  develop statewide policies for the delivery of correctional health care;
(2)   serve as a dispute resolution forum in the event of a disagreement relating to inmate health care services between:
(A)  the department and the health care providers; or
(B)  contracting entities; and
(3)  report to the board at the board's regularly scheduled meeting each quarter on the committee's policy recommendations.
(b)  The committee shall advise the department and the board as necessary, including providing medical expertise and assisting the department and the board in identifying system needs and resolving contract disputes.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1154, Sec. 29(3), eff. September 1, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1154, Sec. 29(3), eff. September 1, 2013.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 236, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 28, eff. June 15, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 42.05, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 12, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 29(3), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.1485. Corrections Medication Aides

Sec. 501.1485.  CORRECTIONS MEDICATION AIDES.  (a)  The department, in cooperation with any contracting entity that is a medical school, shall develop and implement a training program for corrections medication aides that uses a curriculum specific to administering medication in a correctional setting.
(b)  In developing the curriculum for the training program, the department and the medical school shall:
(1)  consider the content of the curriculum developed by the American Correctional Association for certified corrections nurses; and
(2)  modify as appropriate the content of the curriculum developed under Chapter 242, Health and Safety Code, for medication aides administering medication in convalescent and nursing homes and related institutions to produce content suitable for administering medication in a correctional setting.
(c)  The department shall submit an application for the approval of a training program developed under this section, including the curriculum, to the Department of Aging and Disability Services in the manner established by the executive commissioner of the Health and Human Services Commission under Section 161.083, Human Resources Code.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.04, eff. September 28, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.149. Disease Management Services

Sec. 501.149.  DISEASE MANAGEMENT SERVICES.  (a)  In this section, "disease management services" means services to assist an individual manage a disease or other chronic health condition, such as heart disease, diabetes, respiratory illness, end-stage renal disease, HIV infection, or AIDS, and with respect to which the committee identifies populations requiring disease management.
(b)  A managed health care plan provided under this chapter must provide disease management services in the manner required by the committee, including:
(1)  patient self-management education;
(2)  provider education;
(3)  evidence-based models and minimum standards of care;
(4)  standardized protocols and participation criteria;  and
(5)  physician-directed or physician-supervised care.
Added by Acts 2003, 78th Leg., ch. 589, Sec. 6, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.150. Quality of Care Monitoring by the Department and Health Care Providers

Sec. 501.150.  QUALITY OF CARE MONITORING BY THE DEPARTMENT AND HEALTH CARE PROVIDERS.  (a)  The committee shall establish a procedure for monitoring the quality of care delivered by the health care providers.  Under the procedure, the department shall monitor the quality of care delivered by the health care providers, including investigating medical grievances, ensuring access to medical care, and conducting periodic operational reviews of medical care provided at its units.
(b)  The department and the medical care providers shall cooperate in monitoring quality of care.  The clinical and professional resources of the health care providers shall be used to the greatest extent feasible for clinical oversight of quality of care issues.  The department may require the health care providers to take corrective action if the care provided does not meet expectations as determined by quality of care monitoring.
(c)  The department and the medical care providers shall communicate the results of their monitoring activities, including a list of and the status of any corrective actions required of the health care providers, to the committee and to the Texas Board of Criminal Justice.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 29, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.151. Complaints

Sec. 501.151.  COMPLAINTS.  (a)  The committee shall maintain a file on each written complaint filed with the committee by a member of the general public.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the committee;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  an explanation of the reason the file was closed, if the committee closed the file without taking action other than to investigate the complaint.
(b)  The committee shall make information available describing its procedures for complaint investigation and resolution.
(c)  The committee, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 30, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.152. Public Participation

Sec. 501.152.  PUBLIC PARTICIPATION.  The committee shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on any issue under the jurisdiction of the committee.
Added by Acts 1999, 76th Leg., ch. 1190, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.153. Alternative Dispute Resolution

Sec. 501.153.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  The committee shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the committee's jurisdiction.
(b)  The committee'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 committee 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 alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the committee.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 31, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.154. Use of Technology

Sec. 501.154.  USE OF TECHNOLOGY.  The committee shall implement a policy requiring the committee to use appropriate technological solutions to improve the committee's ability to perform its functions.  The policy must ensure that the public is able to interact with the committee on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 31, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter E. Managed Health Care › Section 501.156. Student Loan Repayment Assistance

Sec. 501.156.  STUDENT LOAN REPAYMENT ASSISTANCE.  (a)  From funds appropriated for purposes of correctional managed health care, the committee may provide student loan repayment assistance for medical and mental health care physicians and other staff providing correctional managed health care.  The repayment assistance may be applied to any student loan received through any lender for education at a public or accredited private institution of higher education in the United States, including loans for undergraduate, graduate, and medical education.
(b)  The committee may adopt rules to implement this section, including rules governing eligibility for the loan repayment assistance and the terms of contracts between the committee and recipients of the loan repayment assistance.  In adopting those rules, the committee shall consider the requirements of Subchapter J, Chapter 61, Education Code, and the rules of the Texas Higher Education Coordinating Board adopted under that subchapter.
(c)  A physician may not receive loan repayment assistance under both this section and Subchapter J, Chapter 61, Education Code.
(d)  Not later than December 1 of each state fiscal year, the committee shall submit a report to the Legislative Budget Board and the governor on the use of funds under this section for the preceding fiscal year.
Added by Acts 2011, 82nd Leg., R.S., Ch. 295 (H.B. 1908), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.171. Definitions

Sec. 501.171.  DEFINITIONS.  In this subchapter:
(1)  "Correctional facility" means a facility operated by or under contract with the department.
(2)  "Inmate" means an inmate or state jail defendant confined in a facility operated by or under contract with the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.172. Appointment of Ombudsperson

Sec. 501.172.  APPOINTMENT OF OMBUDSPERSON.  The board shall appoint an ombudsperson to coordinate the department's efforts to eliminate the occurrence of sexual assault in correctional facilities.  The ombudsperson shall report to the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.173. Powers and Duties of Ombudsperson

Sec. 501.173.  POWERS AND DUTIES OF OMBUDSPERSON.  (a)  The ombudsperson shall:
(1)  monitor department policies for the prevention of sexual assault in correctional facilities;
(2)  oversee the administrative investigation of inmate complaints of sexual assault;
(3)  ensure the impartial resolution of inmate complaints of sexual assault; and
(4)  collect statistics regarding all allegations of sexual assault from each correctional facility in accordance with the standards established by the National Prison Rape Elimination Commission.
(b)  The ombudsperson may collect evidence at correctional facilities and interview inmates or employees at correctional facilities in conducting an investigation of an inmate complaint of sexual assault under this section.
(c)  The ombudsperson may not require an inmate who reports a sexual assault to assist in the investigation or prosecution of the offense.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.174. Department to Adopt Policy

Sec. 501.174.  DEPARTMENT TO ADOPT POLICY.  The department shall adopt a policy providing for:
(1)  a designated administrator at each correctional facility to post information throughout the facility describing how an inmate may confidentially contact the ombudsperson regarding a sexual assault;
(2)  an inmate to write a confidential letter to the ombudsperson regarding a sexual assault;
(3)  employees at correctional facilities, on notification of the occurrence of a sexual assault, to immediately:
(A)  contact the ombudsperson and the office of the inspector general; and
(B)  ensure that the alleged victim is safe;
(4)  the office of the inspector general, at the time the office is notified of the sexual assault, to arrange for a medical examination of the alleged victim to be conducted in accordance with Subchapter G, Chapter 56A, Code of Criminal Procedure, or, if an appropriate employee of the office of the inspector general is not available at the time the office is notified of the sexual assault, a qualified employee at the correctional facility to conduct a medical examination of the alleged victim in accordance with that subchapter;
(5)  a grievance proceeding under Section 501.008 based on an alleged sexual assault to be exempt from any deadline applicable to grievances initiated under that section; and
(6)  each correctional facility to collect statistics on all alleged sexual assaults against inmates confined in the facility and to report the statistics to the ombudsperson.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.47, eff. January 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.175. Ombudsperson to Make Available to Public Certain Information

Sec. 501.175.  OMBUDSPERSON TO MAKE AVAILABLE TO PUBLIC CERTAIN INFORMATION.  The ombudsperson shall make available to the public and appropriate state agencies:
(1)  information regarding the powers and duties of the ombudsperson; and
(2)  statistical information regarding the total number of allegations of sexual assault investigated by the department, the outcome of the investigations, and any disciplinary sanctions imposed as a result of the investigations.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.176. Annual Report

Sec. 501.176.  ANNUAL REPORT.  (a)  Not later than January 1 of each year, the ombudsperson shall submit a written report regarding the activities of the ombudsperson during the preceding fiscal year to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;
(4)  the presiding officer of each house and senate committee having jurisdiction over the department;
(5)  the board;
(6)  the executive director;
(7)  the state auditor;  and
(8)  the comptroller.
(b)  The report must include public information regarding:
(1)  each investigation and monitoring activity relating to sexual assault completed during the fiscal year by the ombudsperson and the inspector general; and
(2)  statistics collected by the ombudsperson regarding allegations of sexual assault.
(c)  The annual report must meet the financial reporting requirements of the General Appropriations Act.
(d)  Upon review of the findings of the annual report submitted to the board, the board shall make recommendations on, or implement policy that has the goal of, lowering the rate and incidence of sexual assault against inmates at a correctional facility.  That policy will include methods to address a correctional facility where the rate and incidence of sexual assault against inmates has not shown improvement.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.177. State Auditor Audits, Investigations, and Access to Information Not Impaired

Sec. 501.177.  STATE AUDITOR AUDITS, INVESTIGATIONS, AND ACCESS TO INFORMATION NOT IMPAIRED.  This subchapter or other law related to the operation of the ombudsperson or the office of the inspector general does not prohibit the state auditor from conducting an audit, investigation, or other review or from having full and complete access to all records and other information, including witnesses and electronic data, that the state auditor considers necessary for the audit, investigation, or other review.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 501 - Inmate Welfare › Subchapter F. Elimination of Sexual Assault Against Inmates › Section 501.178. Authority of State Auditor to Conduct Timely Audits Not Impaired

Sec. 501.178.  AUTHORITY OF STATE AUDITOR TO CONDUCT TIMELY AUDITS NOT IMPAIRED.  This subchapter or other law related to the operation of the ombudsperson or the office of the inspector general does not take precedence over the authority of the state auditor to conduct an audit under Chapter 321 or other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1217 (H.B. 1944), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter A. State Jail Felony Facilities › Section 507.002. Eligible Defendants

Sec. 507.002.  ELIGIBLE DEFENDANTS.  The state jail division may confine in a state jail felony facility authorized by this subchapter defendants required by a judge to serve a term of confinement in a state jail felony facility following a grant of deferred adjudication for or conviction of an offense punishable as a state jail felony.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 318, Sec. 72, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter A. State Jail Felony Facilities › Section 507.003. Regions

Sec. 507.003.  REGIONS.  The board shall designate not fewer than nine regions in the state for the purpose of providing regional state jail felony facilities.  The board shall ensure that regions are designed to efficiently serve community supervision and corrections departments.  The board may not designate a region that contains a part of an area served by a community supervision and corrections department.  The board may designate a region that contains only one judicial district, but only if the judicial district serves a municipality with a population of 400,000 or more.  Any other provision of law that would otherwise require the board to designate regions on the basis of uniform service regions does not apply to this section.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter A. State Jail Felony Facilities › Section 507.004. Allocation Policies

Sec. 507.004.  ALLOCATION POLICIES.  The board shall adopt and enforce:
(1)  a regional allocation policy to allocate the number of facilities and beds to each region established under Section 507.003;  and
(2)  an intra-regional allocation policy for each region, to allocate the number of facilities and beds within a region to the community supervision and corrections departments in that region, unless those departments by their own agreement establish the allocation of beds in the region.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter A. State Jail Felony Facilities › Section 507.006. Use of Facility for Other Inmates

Sec. 507.006.  USE OF FACILITY FOR OTHER INMATES.  (a)  Notwithstanding any other provision of this subchapter, the state jail division, with the approval of the board, may designate one or more state jail felony facilities to treat inmates who are eligible for confinement in a substance abuse felony punishment facility under Section 493.009 or to house inmates who are sentenced to imprisonment in the institutional division, but only if the designation does not deny placement in a state jail felony facility of defendants required to serve terms of confinement in a facility following conviction of state jail felonies.  The division may not house in a state jail felony facility an inmate who:
(1)  has a history of or has shown a pattern of violent or assaultive behavior in county jail or a facility operated by the department; or
(2)  will increase the likelihood of harm to the public if housed in the facility.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 9(2), eff. September 1, 2021.
(c)  The responsibility of the department to provide substance abuse felony punishment facilities is governed by the General Appropriations Act and Section 493.009.  This section does not affect the responsibility of the department to provide substance abuse felony punishment facilities.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.098, 1.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 488, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 9(2), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 831 (H.B. 2201), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.022. Employees' Salaries, Room and Board, and Medical Care

Sec. 507.022.  EMPLOYEES' SALARIES, ROOM AND BOARD, AND MEDICAL CARE.  (a)  Salaries of employees of the state jail division and the provision of board, lodging, uniforms, and other provisions to employees are as provided by the General Appropriations Act.
(b)  Employees of the state jail division who are injured in the line of duty are entitled to receive free medical care and hospitalization from institutional division doctors and the institutional division hospital.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.023. AIDS and HIV Education; Testing

Sec. 507.023.  AIDS AND HIV EDUCATION;  TESTING.  (a)  The state jail division shall establish and provide education programs to educate state jail division employees and defendants in state jail felony facilities about AIDS and HIV in the same manner as the institutional division establishes and provides programs for employees and inmates under Section 501.054.
(b)  The state jail division shall adopt a policy for handling a defendant with AIDS or HIV and shall test a defendant for AIDS or HIV in the same manner and subject to the same conditions as apply to the institutional division under Section 501.054.
(c)  In this section, "AIDS" and "HIV" have the meanings assigned by Section 81.101, Health and Safety Code.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1184 (H.B. 43), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.024. Transportation of Defendants

Sec. 507.024.  TRANSPORTATION OF DEFENDANTS.  The board shall adopt rules to provide for the safe transfer of defendants from counties to state jail felony facilities.  A sheriff may transport defendants to a state jail felony facility if the sheriff is able to perform the service as economically as if the service were performed by the division.  The state jail division is responsible for the cost of transportation of defendants to the division.  Defendants may be transported with other persons being transported to the custody of the department provided appropriate security precautions prescribed by policies of the department are taken.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.025. Medical Care

Sec. 507.025.  MEDICAL CARE.  The state jail division, with the approval of the board, may contract with the institutional division, a private vendor, or any public health care provider for the provision of medical services to defendants in state jail felony facilities.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.026. Change in Designation of Facility

Sec. 507.026.  CHANGE IN DESIGNATION OF FACILITY.  The board may designate any facility under its control as a state jail felony facility and confine state jail felons in that facility.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.027. Inspections

Sec. 507.027.  INSPECTIONS.  The board shall adopt rules relating to inspections by the department of state jail felony facility construction projects.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.028. Screening for and Education Concerning Fetal Alcohol Exposure During Pregnancy

Sec. 507.028.  SCREENING FOR AND EDUCATION CONCERNING FETAL ALCOHOL EXPOSURE DURING PREGNANCY.  (a)  The department shall establish and use a screening program in state jail felony facilities that is substantially similar to the program established and used by the department under Section 501.059.
(b)  The department shall provide to all female defendants confined in state jail felony facilities an educational brochure describing the risks and dangers of consuming alcohol during pregnancy.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 32, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.029. Use of Inmate Labor

Sec. 507.029.  USE OF INMATE LABOR.  The department may use the labor of inmates of the institutional division in any work or community service program or project performed by the state jail division.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.100, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.030. Visitation

Sec. 507.030.  VISITATION.  (a)  In this section:
(1)  "Guardian" has the meaning assigned by Section 1002.012, Estates Code.
(2)  "Letters of guardianship" means a certificate issued under Section 1106.001(a), Estates Code.
(a-1)  The state jail division shall allow the governor, members of the legislature, and officials of the executive and judicial branches to enter during business hours any part of a facility operated by the division, for the purpose of observing the operations of the division.  A visitor described by this subsection may talk with defendants away from division employees.
(b)  The state jail division shall establish a visitation policy for persons confined in state jail felony facilities.  The visitation policy must:
(1)  allow visitation by a guardian of a defendant confined in a state jail felony facility to the same extent as the defendant's next of kin, including placing the guardian on the defendant's approved visitors list on the guardian's request and providing the guardian access to the defendant during a facility's standard visitation hours if the defendant is otherwise eligible to receive visitors; and
(2)  require the guardian to provide the director of the facility with letters of guardianship before being allowed to visit the defendant.
(c)  Regardless of the implementation of video visitation or visitation by other electronic means, the visitation policy must allow in-person visitation for defendants who are eligible to receive visitors, provided that the policy may allow the temporary suspension of in-person visitation for a health or safety emergency.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.101, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 688 (H.B. 634), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 328 (H.B. 2708), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.031. Furlough Program

Sec. 507.031.  FURLOUGH PROGRAM.  (a)  The director of a state jail felony facility may grant a furlough to a defendant so that the defendant may:
(1)  obtain a medical diagnosis or medical treatment;
(2)  obtain treatment and supervision at a facility operated by the Health and Human Services Commission;
(3)  attend a funeral or visit a critically ill relative; or
(4)  participate in a programmatic activity sanctioned by the state jail division.
(b)  The state jail division shall adopt policies for the administration of the furlough program.
(c)  A defendant furloughed under this section is considered to be in the custody of the state jail division, even if the defendant is not under physical guard while furloughed.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.099, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 507.028 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(43), eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.16, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 507 - State Jail Division › Subchapter B. Miscellaneous Provisions › Section 507.032. Identification of Defendants Subject to Arrest Warrant

Sec. 507.032.  IDENTIFICATION OF DEFENDANTS SUBJECT TO ARREST WARRANT.  Before a defendant is released from confinement in a state jail felony facility, the department shall conduct a criminal history record check to determine whether the defendant is the subject of an arrest warrant.  In conducting the criminal history record check, the department shall allow sufficient time for compliance with any requirements related to notifying the proper authorities of the defendant's release and, if necessary, processing a demand for extradition of the defendant.
Added by Acts 1999, 76th Leg., ch. 205, Sec. 2, eff. Sept. 1, 1999.