Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 152 - CORRECTIONAL INSTITUTIONS DIVISION › Subchapter D - OTHER RULES › Section 152.71 - Acceptance of Gifts Related to Buildings for Religious and Secular Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. Only
				  the Texas Board of Criminal Justice (TBCJ) is authorized to accept gifts on
				  behalf of the Texas Department of Criminal Justice (TDCJ) from any public or
				  private source, for use in maintaining and improving correctional programs and
				  services. The TBCJ also specifically and earnestly encourages the involvement
				  of volunteers and volunteer organizations for the purpose of assisting the
				  reintegration of offenders into society through religious and secular programs.
				  Correctional facilities of the TDCJ benefit from donated additional space or
				  enhancements to existing space for religious and secular programs. The TBCJ and
				  the TDCJ actively encourage the donation of buildings and enhancements for
				  buildings that are related to the provision of religious and secular
				  programs.
(b) Procedures.
(1) The TDCJ shall meet with donor groups for
				  the purpose of accepting a building or enhancement for a building related to
				  the provision of religious and secular programs. The TBCJ respects the right of
				  contributors to designate a specific project at a specific TDCJ unit at which
				  the donated building or enhancement will be used.
(2) A donor or designee shall be qualified to
				  design and construct the donated building or enhancement in accordance with the
				  TDCJ Administrative Plan for Capital Improvements by Donor Groups. Subject to
				  final project approval by the executive director or designee, all plans for the
				  building or enhancement must be approved by the Facilities Division. All design
				  and construction activities by the donor or designee will be coordinated
				  through the Facilities Division. The Capital Improvement Review Committee shall
				  review and coordinate all steps pertaining to the project, ensuring all
				  requirements of the TDCJ Administrative Plan for Capital Improvements by Donor
				  Groups are followed. The donor or designee will design and construct the
				  donated building or enhancement at no cost to the TDCJ.
(3) The TDCJ shall be the owner of the
				  donated building or enhancement and shall be responsible for the operation,
				  control, and maintenance of the building, which shall be used for religious and
				  secular programs. The naming of buildings obtained under this rule shall be in
				  accordance with 37 Texas Administrative Code §
											155.21.
(4) Buildings that serve as chapels provided
				  by or enhanced by donations under this rule shall provide a place for all
				  offenders to practice their religion as guaranteed by the First Amendment to
				  the United States Constitution, in accordance with TDCJ policy and procedures
				  for facilitating the religious practices of offenders. Furthermore, the
				  buildings shall be used by offenders to participate in religious and secular
				  programs with volunteers, TDCJ chaplaincy staff, and other program
				  personnel.
(5) These donations,
				  including donations at privately-operated, state-owned facilities, shall be
				  presented at a regularly scheduled meeting of the TBCJ for discussion,
				  consideration, and possible action.