reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.55 - Disqualifying Offenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Occupations Code, §
										53.021(a)(1),
				  the department may revoke a certificate of registration or deny an application
				  for a certificate of registration if the applicant, the owner with a
				  controlling interest in the business or, if applicable, the entity's on-site
				  representative[,] has been convicted of a felony or misdemeanor that directly
				  relates to the duties and responsibilities of a metal recycling
				  entity.
(b) The Metals Recycling
				  Entities Act was enacted in order to regulate transactions in the metal
				  recycling industry, with the ultimate purpose of reducing the theft of
				  recyclable metals. However, this goal is dependent on the licensure of
				  individuals who are not predisposed to commit theft or engage in fraud. The
				  accurate and honest reporting of transactional data is critical to the purpose
				  of the program. Accordingly, the department has determined the types of
				  offenses detailed in this subsection directly relate to the duties and
				  responsibilities of metal recycling entities. A conviction for an offense
				  within one (1) or more of the categories listed in paragraphs (1) - (9) of this
				  subsection may result in the denial of an original or renewal application for a
				  certificate of registration or the revocation of a certificate of registration.
				  The Texas Penal Code references provided in this section are for illustrative
				  purposes and are not intended to exclude similar offenses in other state or
				  federal codes. The types of offenses directly related to the duties and
				  responsibilities of metal recycling entities include, but are not limited to:
(1) Arson, Criminal Mischief, and other
				  Property Damage or Destruction (Texas Penal Code, Chapter 28);
(2) Burglary and Criminal Trespass (Texas
				  Penal Code, Chapter 30);
(3) Theft
				  (Texas Penal Code, Chapter 31);
(4)
				  Fraud (Texas Penal Code, Chapter 32);
(5) Bribery and Corrupt Influence (Texas
				  Penal Code, Chapter 36);
(6)
				  Perjury and Other Falsification (Texas Penal Code, Chapter 37);
(7) Any violation of Texas Occupations Code,
				  §
											1956.038 or
				  §
											1956.040;
(8) Prohibited Weapon - Explosive Weapon
				  (Texas Penal Code, §
											46.05(a)(1);
				  and
(9) Component of Explosives
				  (Texas Penal Code, §
											46.09)
				  .
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.56 - Informal Hearing; Settlement Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who receives notice of the
				  department's intention to deny an application for a certificate of
				  registration, to reprimand, suspend or revoke a certificate of registration, to
				  prohibit the registrant from paying cash for a purchase of regulated material
				  pursuant to §1956.036(e) of the Act, or to impose an administrative
				  penalty under §
										36.60 of
				  this title (relating to Administrative Penalties), may appeal the decision by
				  submitting a request to appeal by mail, facsimile, or electronic mail, to the
				  department in the manner provided on the department's metals recycling program
				  website within thirty (30) calendar days after receipt of notice of the
				  department's proposed action. If a written request to appeal is not submitted
				  within thirty (30) calendar days of the date notice was received, the right to
				  an informal hearing or settlement conference, as applicable, under this section
				  or §
										36.57
				  of this title (relating to Hearings Before the State Office of Administrative
				  Hearings) is waived and action becomes final.
(b) If the action is based on the person's
				  criminal history, an informal, telephonic hearing will be scheduled. Following
				  the hearing, the department will either dismiss the proceedings and withdraw
				  the proposed action, or issue a written statement of findings to the respondent
				  either upholding or modifying the original proposed action.
(c) If the proposed action is based on an
				  administrative violation, a settlement conference will be scheduled. The
				  settlement conference may be conducted in person or by telephone, by agreement
				  of the parties. Following the settlement conference, the parties will execute
				  an agreed order, or, if no agreement is reached, the department will issue a
				  written determination either upholding or modifying the originally proposed
				  action.
(d) The department's
				  findings resulting from the informal hearing, or its determination following a
				  settlement conference, may be appealed as provided in §
										36.57
				  of this title. If a written request is not submitted within thirty (30)
				  calendar days of the date notice was received, the findings or determination
				  shall become final.
(e) Requests
				  for continuance must be submitted in writing at least three (3) business days
				  prior to the scheduled hearing or conference. Requests must be based on good
				  cause. Multiple requests may be presumed to lack good cause and may be denied
				  on that basis.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.57 - Hearings Before the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The department's findings following an
				  informal hearing, or its determination following a settlement conference, may
				  be appealed to the State Office of Administrative Hearings by submitting a
				  request by mail, facsimile, or electronic mail, to the department in the manner
				  provided on the department's Metal Recycling Program website, within thirty
				  (30) calendar days after receipt of the findings or determination.
(b) In a case before State Office of
				  Administrative Hearings, failure of the respondent to appear at the time of
				  hearing shall entitle the department to request from the administrative law
				  judge an order dismissing the case from the State Office of Administrative
				  Hearings docket and to informally dispose of the case on a default
				  basis.
(c) In cases brought before
				  State Office of Administrative Hearings, in the event the respondent is
				  adjudicated as being in violation of the Act or this chapter after a trial on
				  the merits, the department has authority to assess the actual costs of the
				  administrative hearing in addition to the penalty imposed. Such costs include,
				  but are not limited to, investigative costs, witness fees, deposition expenses,
				  travel expenses of witnesses, transcription expenses, or any other costs that
				  are necessary for the preparation of the department's case. The costs of
				  transcriptions and preparation of the record for appeal shall be paid by the
				  respondent.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.60 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The figure in
				  this section reflects the department's penalty schedule applicable to
				  administrative penalties imposed under this section. For any violation not
				  expressly addressed in the penalty schedule, the department may impose a
				  penalty not to exceed $500 for the first (1st) violation. For the second (2nd)
				  violation within the preceding one (1) year period, the penalty may not exceed
				  $1,000.
Attached Graphic
(b) Upon receipt of a notice of
				  administrative penalty under this section, a person may request a hearing
				  before the department pursuant to §
										36.56 of this title (relating to
				  Informal Hearing; Settlement Conference).
(c) The failure to pay an administrative
				  penalty that has become final, whether by the passage of the deadline to appeal
				  or by final court disposition, whichever is later, shall result in suspension
				  of the license with no further notice or right to appeal. The suspension takes
				  effect when the appeal deadline has passed and remains in effect until the
				  penalty is paid in full.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 37 - SEX OFFENDER REGISTRATION › Section 37.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
(1) Department--The Texas
				Department of Public Safety.
(2)
				Online identifier--An online identifier as defined by Code of Criminal
				Procedure, Article 62.001.
(3)
				Provider--An eligible commercial social networking site as defined by Code of
				Criminal Procedure, Article 62.0061, and approved by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 37 - SEX OFFENDER REGISTRATION › Section 37.2 - Commercial Social Networking Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				commercial social networking site may request access to online identifiers
				maintained by the department under Code of Criminal Procedure, Article
				62.051(c)(7).
(b) Requests may be submitted to: Crime
				Records Service, Attn: Sex Offender Registration Unit, Texas Department of
				Public Safety, P.O. Box 4143, Austin, Texas 78765-4143; or via e-mail at:
				txsor@dps.texas.gov.
(c) Requests
				for access submitted to the department must contain:
(1) the name of the commercial social
				networking site;
(2) the website
				address of the commercial social networking site;
(3) the name, mailing address, e-mail address
				of a point of contact for the commercial social networking site;
(4) the state or country where the commercial
				social networking site's articles of incorporation are filed; and
(5) a statement indicating whether or not a
				combination of advertising revenue and subscription fees generated by the
				commercial social networking site is in excess of $10,000 per annum.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 37 - SEX OFFENDER REGISTRATION › Section 37.3 - Minimum Required Registration Period

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The minimum required registration period under federal law for each reportable
				conviction or adjudication under Texas Code of Criminal Procedure, Chapter 62,
				is determined by the department. (The figure in this section reflects the
				minimum required registration period under federal law for each reportable
				conviction or adjudication.)
Attached
				  Graphic
(b) For a
				list of reportable convictions or adjudications for which a person must
				register for a period that exceeds the minimum required registration period
				under federal law please visit
				https://records.txdps.state.tx.us/SexOffenderRegistry/.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 38 - FUSION CENTER OPERATIONS › Subchapter A - ENERAL PROVISIONS › Section 38.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The terms in this section have the following meanings when
					 used in this chapter unless the context clearly indicates otherwise:
(1) All-crimes approach--An operational
				  approach that incorporates terrorism and other high-risk threats into existing
				  crime-fighting frameworks to ensure that possible precursor crimes are screened
				  and analyzed for linkages to larger-scale terrorist or other crimes.
(2) Baseline fusion center capabilities--The
				  baseline functional capabilities and standards for state and major urban area
				  fusion centers as identified and published by U.S. Department of Justice's
				  Global Justice Information Sharing Initiative found here:
https://it.ojp.gov/documents/d/baseline%20capabilities%20for%20state%20and%20major%20urban%20area%20fusion%20centers.pdf
.
(3) Department--The Texas
				  Department of Public Safety.
(4)
				  Director--The director of the Texas Department of Public Safety or the designee
				  of the director.
(5) Fusion
				  center--A fusion center as defined in Texas Government Code, §
										421.001 (2-a).
(6) Texas Fusion Center--The
				  fusion center designated by the Office of the Governor as the Category 1 -
				  primary fusion center for the state.
(7) Recognized fusion center--A recognized
				  fusion center as defined in Texas Government Code, §
										421.001(5)
				  that has been designated by the Office of the Governor as a Category 2 -
				  recognized fusion center in this state in accordance with applicable federal
				  guidelines.
(8) Suspicious
				  activity report--Official documentation of reported or observed activity or
				  behavior that based on fusion center personnel's training and experience is
				  believed to be indicative of intelligence gathering or preoperational planning
				  related to terrorism, criminal, or other illicit intention.
(9) Texas suspicious activity reporting
				  network--The statewide network developed by the department to receive, process,
				  document, analyze, and share suspicious activity reporting for the state in
				  order to create a holistic view of terrorism or crime-related suspicious
				  activity in Texas, in a manner consistent with the findings and recommendations
				  of the Suspicious Activity Report Support and Implementation Project and that
				  complies with the Information Sharing Environment-Suspicious Activity Reporting
				  Functional Standard adopted by the Office of the Director of National
				  Intelligence.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 38 - FUSION CENTER OPERATIONS › Subchapter A - ENERAL PROVISIONS › Section 38.2 - Common Concept of Operations for Fusion Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) A fusion center shall achieve and
				  maintain the baseline fusion center capabilities and follow the baseline
				  standards in this section to protect privacy, civil rights, civil liberties and
				  promote consistency and interoperability between the fusion centers in the
				  state.
(b) A fusion center must
				  have oversight and management by a state or local government criminal justice
				  agency as defined by
				  28
				  CFR §
											20.3(g).
(c) A fusion center shall receive
				  and maintain certification from the United States Department of Homeland
				  Security that the fusion center has privacy, civil rights and civil liberties
				  protections in place that are determined to be at least as comprehensive as the
				  Information Sharing Environment Privacy Guidelines published by the Office of
				  the Director of National Intelligence.
(d) A fusion center shall maintain an
				  all-crimes approach to recognize there is a nexus between certain types of
				  criminal activity. A fusion center shall develop routine threat and risk
				  assessments to assist in prioritizing specific crimes or hazards a region or
				  the state should address and to identify other sources of information that may
				  be useful to examine possible connections with other crimes.
(e) A fusion center shall process, document,
				  analyze and share all vetted suspicious activity reported to or identified by
				  fusion center personnel with the Texas Suspicious Activity Reporting Network. A
				  fusion center must begin the suspicious activity report vetting process within
				  the Texas Suspicious Activity Reporting Network within twenty-four hours of
				  receiving a report or identifying the suspicious activity.
(f) A fusion center shall respond to a
				  request from the Texas Fusion Center for information relevant to a statewide or
				  regional threat assessment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 38 - FUSION CENTER OPERATIONS › Subchapter A - ENERAL PROVISIONS › Section 38.3 - Annual Capabilities Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  recognized fusion centers shall participate in an annual risk and vulnerability
				  assessment process identified by the department to verify the achievement and
				  maintenance of baseline fusion center capabilities, additional recommended
				  fusion center capabilities documented by the U.S. Department of Homeland
				  Security and the capabilities in § 38.2 of this title (relating to Common
				  Concept of Operations for Fusion Centers).
(b) The director shall report the findings of
				  the annual fusion center assessments to the Office of the Governor.
(c) The department may audit a recognized
				  fusion center's adherence to the processes identified in the annual baseline
				  capability assessment and the authenticity and accuracy of information reported
				  during the annual baseline capability assessment.
(d) The annual capabilities assessment
				  submitted by a recognized fusion center to the department is collected and
				  reported by the department to the Office of the Governor for the purpose of
				  identifying risk and vulnerability of the state's homeland security and
				  information sharing and analytical network and shall be considered confidential
				  under Texas Government Code, §
										418.177.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 130 - BUILDING CONSTRUCTION ADMINISTRATION › Section 130.1 - General

Current through Reg. 49, No. 28; July 12, 2024
The Texas Military Department will follow the guidelines
				  provided for in the Texas Military Department Contract Management Guide located
				  on the agency website and all applicable state statutes and federal regulations
				  for Facilities Design and Construction. The Texas Military Department's
				  Contract Management Guide is accessible at https://tmd.texas.gov/ and the State
				  of Texas Procurement Manual is accessible at
				  https://comptroller.texas.gov/purchasing/.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 132 - SALE OF DEPARTMENT PROPERTY › Section 132.1 - Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for sale, the property must be fully paid for and free of liens incurred in
				connection with the acquisition and construction of the property. For purposes
				of this section, a federal debt is not considered a lien. However, any debt or
				obligation may be satisfied at the time of sale. If title insurance is
				provided, it may serve notice that any debt or obligation is satisfied.
				Finally, to be eligible for sale, the Adjutant General declares the property
				surplus.
(b) The real property
				shall be advertised for sale to the highest bidder.
(c) The advertisement shall be published in
				such a way to ensure the public has notice of the department's intent to sell a
				particular property. The notice must be included in at least one newspaper of
				general circulation including, if possible, the county in which the real
				property is located and/or published in an online-advertisement and published
				in the Texas Electronic Business Daily.
(d) The advertisement shall notify bidders of
				the following:
(1) Whether bids will be taken
				openly, through a sealed bid process or public auction;
(2) That all bids must be in written form if
				conducted by sealed bid;
(3) That
				bids are due at a specified time, place and date;
(4) That the real property interests shall be
				conveyed by Special Warranty Deed or Deed Without Warranty;
(5) That the agency shall retain all mineral
				interest. The agency may retain water and other energy sources that may be
				deemed in the best interest of the agency; and
(6) The department may reject any and all
				bids.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 133 - PROCUREMENT › Section 133.1 - Procurement

Current through Reg. 49, No. 28; July 12, 2024
The Texas Military Department (TMD) follows state bidding
				  requirements administered by the Texas Comptroller of Public Accounts and
				  complies with the rules and procedures set forth in the State of Texas
				  Procurement Manual and the Texas Military Department's Contract Management
				  Guide. The State of Texas procurement Manual is accessible at:
				  https://comptroller.texas.gov/purchasing/publications/procurement-manual.php.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 134 - PROTESTS › Section 134.1 - Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this section, shall have the following meaning unless the context clearly
				indicates otherwise.
(1) Texas Military
				Department (TMD), an agency of the state.
(2) Procurement Director - procurement
				director of TMD.
(3) Executive
				Director - executive director and administrative head of the TMD.
(4) Interested Parties - All vendors who have
				submitted bids, proposals or other expressions of interest for the provision of
				goods or services pursuant to a contract with Statewide Procurement Division of
				the comptroller's office.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 135 - TUITION ASSISTANCE › Section 135.1 - Tuition Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and
				Purpose. The Texas Military Department (TMD) provides training opportunities to
				enhance job skills and to retain a well-qualified, trained, professional
				workforce dedicated to TMD's mission. The Tuition Assistance Program (TAP)
				training includes instruction, teaching, or other education received by a state
				employee that is not normally received by other state employees and that is
				designed to enhance the employee's ability to perform his or her job. This
				section establishes general eligibility and related requirements for employee
				participation in TMD's TAP.
(b)
				Eligibility. Eligibility requirements for tuition assistance include, but are
				not limited to:
(1) continuous and full-time
				employment for one year at the time of application;
(2) a recommendation from the employee's
				supervisor;
(3) identification of
				the relationship of the training to the employee's position or a prospective
				role within the Agency;
(4) any
				other factor deemed relevant by the executive director; and
(5) coursework or training be obtained at an
				accredited institution of higher education, as required by statute.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 136 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 136.1 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Government Code, §
									2161.003, the
				  Department adopts the comptroller's rules related to administering Texas
				  Government Code, Chapter 2161, Subchapters B and C regarding Historically
				  Underutilized Businesses, found at Texas Administrative Code, Title 34, Part 1,
				  Chapter 20, Subchapter D, Division 1.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 137 - LEAVE POOL › Section 137.1 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A family leave pool is established to provide eligible
				  employees more flexibility, bonding, and caring for a seriously ill children
				  during a child's first year following birth, adoption, or foster placement, and
				  caring for a seriously ill family member or the employee, including
				  pandemic-related illnesses or complications caused by a pandemic.
(1) The director of human resources is
				designated as the pool administrator.
(2) The pool administrator, with the advice
				and consent of the director of state administration, will establish operating
				procedures consistent with the requirements of this section and relevant law
				governing operation of the pool.
(3) Donations to the pool are strictly
				voluntary.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 137 - LEAVE POOL › Section 137.2 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to alleviate hardship caused
				  to an employee and the employee's immediate family if a catastrophic injury or
				  illness forces the employee to exhaust all accrued paid leave time earned by
				  that employee and to lose compensation time from the state.
(1) The director of human resources is
				designated as the pool administrator.
(2) The pool administrator, with the advice
				and consent of the director of state administration, will establish operating
				procedures consistent with the requirements of this section and relevant law
				governing operation of the pool.
(3) Donations to the pool are strictly
				voluntary.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 138 - HAZARDOUS PROFESSION DEATH BENEFITS › Section 138.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule applies to a member of the
				Texas Military Forces whose death occurs on or after September 1, 2023. For
				purposes of this rule, a death that occurs before September 1, 2023, is
				governed by the law in effect on the date the death occurred, and the former
				law is continued in effect for that purpose.
(b) A survivor of an individual who is a
				member of the Texas Military Forces is eligible to receive a lump sum payment
				under Texas Government Code Section
				615.022 and monthly
				assistance under Section 615.023, as applicable, if:
(1) the individual died while on state active
				duty;
(2) the Texas Military
				Department certifies to the Employees Retirement System of Texas (ERS) that the
				circumstances of the individual's death entitle an eligible survivor to the
				payment of assistance under Chapter
				615 of the Texas
				Government Code; and
(3) the
				survivor is:
(A) a beneficiary designated by
				the individual on the individual's United States Department of Defense Form
				DD-93; or
(B) a beneficiary
				designated by the individual on the Texas Military Department Record of
				Emergency Data form; or
(4) if there is no beneficiary described by
				Paragraph (3)(a) or (3)(b) of this section:
(A) the surviving spouse of the
				decedent;
(B) a surviving child of
				the decedent if there is no surviving spouse; or
(C) the surviving parent of the decedent if
				there is no surviving spouse or child.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 138 - HAZARDOUS PROFESSION DEATH BENEFITS › Section 138.2 - Eligibility Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				will utilize the investigative procedures established in Army Regulation
				600-8-4, Line of Duty Policy, Procedures, and Investigations, to verify the
				line of duty death of an individual in the Texas Military Forces, for purposes
				of confirming survivor eligibility for benefit payments under Chapter
				615 of the Texas
				Government Code.
(b) In a
				determination of whether the survivor of a decedent listed under Section
				615.003 is eligible for benefits under Chapter 615, any reasonable uncertainty
				arising from the circumstances of the individual's death shall be resolved in
				favor of the payment of benefits to the survivor.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 4 - TEXAS MILITARY DEPARTMENT › Chapter 138 - HAZARDOUS PROFESSION DEATH BENEFITS › Section 138.3 - Filing the Claim

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				determination by the Department that assistance is payable to an eligible
				survivor under Section
				615.024 of the Texas
				Government Code, and verification of beneficiary information, the Department
				shall certify the following information on agency letterhead and submit the
				certification to Employees Retirement System (ERS) to initiate the payment
				process:
(1) Name of decedent;
(2) Date of death;
(3) Status of decedent at the time of death
				(i.e., State Active Duty and Specific Mission);
(4) Line of Duty determination: Yes/No;
				and
(5) Certification of
				Eligibility: Yes/No
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter A - BOARD OF PARDONS AND PAROLES › Section 141.1 - Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The Presiding
				  Officer (Chair) is designated by the Governor and serves in that capacity at
				  the pleasure of the Governor. The Presiding Officer reports directly to the
				  Governor and serves as the administrative head of the Board. The Presiding
				  Officer acts as spokesperson for the Board.
(b) 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;
(3) establish policies and procedures to
				  further the efficient administration of the business of the Board;
				  and
(4) provide a written plan for
				  the administrative review of actions taken by a parole panel by a review
				  panel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter A - BOARD OF PARDONS AND PAROLES › Section 141.4 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The members of the Board shall meet at
				  least once in each quarter of the calendar year at a site determined by the
				  Chair, or
(b) The Board meets at
				  the call of the Chair.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter A - BOARD OF PARDONS AND PAROLES › Section 141.5 - Parliamentary Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The current
				  edition of Robert's Rules of Order shall govern the conduct of all meetings of
				  the Board except as may be otherwise specified in statutory law or
				  herein.
(b) All documents
				  evidencing the actions taken by the Board during a meeting shall be
				  authenticated by the Presiding Officer's signature pursuant to Robert's Rules
				  of Order.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter A - BOARD OF PARDONS AND PAROLES › Section 141.7 - Composition of Parole Panels

Current through Reg. 49, No. 28; July 12, 2024
The Chair shall designate the composition of each
					 panel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter B - RULEMAKING › Section 141.51 - Use and Effect of Rules

Current through Reg. 49, No. 28; July 12, 2024
These rules are prescribed for the performance of the
					 constitutional and statutory powers and functions vested in the Board . In no
					 event shall they or any of them be construed as a limitation or restriction
					 upon the exercise of any discretion by the Board or by a parole
					 panel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter B - RULEMAKING › Section 141.57 - Petition for Adoption of Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  interested person may petition the Board requesting the adoption of a
				  rule.
(b) A petition shall be
				  mailed to the General Counsel of the Texas Board of Pardons and Paroles at P.O.
				  Box 13401, Austin, Texas 78711.
(c)
				  The petition must be submitted in writing, must be identified as Petition for
				  Adoption of Rule, and must comply with the following requirements:
(1) each rule requested must be requested by
				  separate petition;
(2) each
				  petition must state the name and address of the petitioner;
(3) each petition must be delivered to the
				  General Counsel of the Board at its Austin office; and
(4) each petition shall include:
(A) a brief explanation of the proposed rule;
				  and
(B) the text of the proposed
				  rule prepared in a manner to indicate the words to be added or deleted in the
				  current text, if any.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter C - SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS › Section 141.60 - Submission and Presentation of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise authorized, information
				  and arguments in support of an offender shall be in writing.
(b) Except as provided in subsection (c) of
				  this rule, all information and arguments in support of an offender's release
				  shall be submitted at any time to the Review and Release Processing
				  Section-TDCJ, Austin, Texas.
(c)
				  When an offender's case is in the review period, copies of all information and
				  arguments in support of an offender's release may be submitted to members of
				  the parole panel designated to consider the case.
(d) For the purpose of this rule, the review
				  period shall be greater than two months but less than six months prior to the
				  month of the next schedule review period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter C - SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS › Section 141.61 - Representation of an Offender

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons
				  representing an offender pursuant to Chapter 508, Subchapter C, Government
				  Code, may appear before a member of the Board or Parole panel designated to
				  consider the offender's case.
(b)
				  Requests for appearances by persons representing offenders shall be only
				  submitted when the offender's case is under review, during the review period,
				  and at the discretion of the members of the parole panel designated to review
				  the case.
(c) The time, place, and
				  manner of contact between a person representing an offender and a member of the
				  Board or an employee of the Board shall be established by the members of the
				  parole panel designated to review the case.
(d) For the purpose of this rule, the review
				  period shall mean greater than two months but less than six months prior to the
				  month of the next scheduled review period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter C - SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS › Section 141.71 - Minutes of the Board

Current through Reg. 49, No. 28; July 12, 2024
All minutes of the Board and parole panels, final decisions
					 relating to parole, mandatory supervision, pardons, and clemency shall be
					 matters of public record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter C - SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS › Section 141.72 - Record of Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) All Board and
				  parole panel decisions are maintained by the Division as the official custodian
				  of all electronic and paper records obtained and maintained for offenders
				  eligible for parole or mandatory supervision.
(b) The Board shall keep records of their
				  acts concerning clemency matters.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter D - REGISTRATION OF VISITORS AND FEE AFFIDAVITS › Section 141.81 - Registration of Visitors

Current through Reg. 49, No. 28; July 12, 2024
Any person who appears before the Board or a parole panel,
					 or before any Board Member, Parole Commissioner, or any Board employee whether
					 in an interview or at a hearing, except those appearing as witnesses at a
					 preliminary and/or revocation hearing or a sex offender condition hearing, for
					 the purpose of submitting or presenting information or arguments for and in
					 behalf of any person within the jurisdiction of the Board, shall register in
					 the record of the Board as required by Section
					 2004.002, Government
					 Code. A Board Member, Parole Commissioner, or representative of the Board shall
					 protect the confidentiality of the victim as required by Section
					 508.313,
					 Government Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter D - REGISTRATION OF VISITORS AND FEE AFFIDAVITS › Section 141.82 - Fee Affidavits

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who
				  represents an inmate for compensation before the Board or any of its members,
				  before a parole panel, or any Board employee for the purpose of submitting or
				  presenting information or arguments for and in behalf of any person within the
				  jurisdiction of the Board, shall submit before such appearance a completed fee
				  affidavit form to TDCJ.
(b) The
				  completed fee affidavit form shall state whether any fee has been, or is to be
				  paid for his participation or services in the case and all other information
				  required by Section
				  508.084, Government
				  Code.
(c) The submission of a
				  completed fee affidavit is not considered a request for an interview. A copy of
				  the completed fee affidavit shall be submitted to the Board or any of its
				  members, a parole panel, or any Board employee at the time of such an
				  appearance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter E - INTERVIEWS › Section 141.91 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Any Board Member, Parole Commissioner or
				  representative of the Board may interview any person who wishes to present or
				  submit information for and in behalf of any person within the jurisdiction of
				  the Board upon proper registration and presentation of any necessary fee
				  affidavit.
(b) Such interview shall
				  not be deemed to be a hearing and shall not be public.
(c) A person shall request an interview, when
				  the offender is in the review period as defined in §
										141.60(d)
				  and §
										141.61(d)
				  of this Chapter, by contacting the Board office of the parole panel designated
				  to review the case.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter E - INTERVIEWS › Section 141.92 - Record

Current through Reg. 49, No. 28; July 12, 2024
The date, place, persons involved and purpose of such an
					 interview shall be recorded and notes may be kept thereof for purposes of
					 entering any information received into the confidential file of the person on
					 whose behalf the interview is conducted.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter F - SUBPOENAS › Section 141.101 - Issuance of Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) A parole panel
				  may issue subpoenas requiring the attendance of witnesses and the production of
				  records, books, papers, and documents as deemed necessary for the investigation
				  of the case of any person before a parole panel or designee of the
				  Board.
(b) Subpoenas may be issued
				  following the completion of an application prescribed by the Board.
(c) Subpoenas may be signed and oath
				  administered by any member of the Board.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.1 - Authority to Grant Pardons

Current through Reg. 49, No. 28; July 12, 2024
Except in cases of treason or impeachment, after conviction
					 or successful completion of a term of deferred adjudication community
					 supervision, the Governor may grant a full pardon upon the recommendation and
					 advice of a majority of the Board as authorized by the Texas Constitution,
					 Article IV, Section 11 and Texas Code of Criminal Procedure, Articles 48.01 and
					 48.03.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.2 - Pardons for Innocence

Current through Reg. 49, No. 28; July 12, 2024
(a) On the grounds
				  of innocence of the offense for which convicted or successfully completed a
				  term of deferred adjudication community supervision, the Board will consider
				  applications for recommendation to the Governor for a pardon for innocence upon
				  receipt of:
(1) a written recommendation of
				  at least two of the current trial officials of the sentencing court, with one
				  trial official submitting documentary evidence of actual innocence;
				  or
(2) a certified order or
				  judgment of a court having jurisdiction accompanied by a certified copy of the
				  findings of fact and conclusions of law where the court recommends that the
				  Court of Criminal Appeals grant state habeas relief on the grounds of actual
				  innocence.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.3 - Twelve Months on Parole

Current through Reg. 49, No. 28; July 12, 2024
When any offender has served 12 months on parole for an
					 offense committed on or before August 28, 1977, in a manner acceptable to the
					 Board, upon request, the Board may review the offender's record upon
					 application therefore and make a determination whether to recommend to the
					 Governor that the offender be pardoned and finally discharged from the sentence
					 under which he/she is serving.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.4 - Parolee Discharging Sentence

Current through Reg. 49, No. 28; July 12, 2024
Whenever any offender who has been paroled for an offense
					 committed on or before August 28, 1977, has complied with the rules and
					 conditions governing his parole until the end of the term to which he/she was
					 sentenced, and without a revocation of his parole, the Board may report such
					 fact to the Governor prior to the issuance of the final order of discharge. The
					 Board may, at this time, recommend to the Governor a full pardon as authorized
					 by the Texas Constitution, Article IV, Section 11 and Texas Government Code,
					 §
										508.119.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.5 - Discharged Offender

Current through Reg. 49, No. 28; July 12, 2024
Upon request from a person who has discharged a felony
					 sentence or successfully completed a term of deferred adjudication community
					 supervision, the Board will consider recommending a full pardon. Applicant's
					 name, TDCJ-CID or SID number, county of conviction, offense, and length of
					 sentence shall be furnished for identification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.6 - Offender in Texas Department of Criminal Justice-Correctional Institutions Division

Current through Reg. 49, No. 28; July 12, 2024
A full pardon will not be considered for an offender while
					 in TDCJ-CID, except when exceptional circumstances exist. The burden of showing
					 such exceptional circumstances rests upon the applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.7 - Prior Out-of-State or Federal Convictions

Current through Reg. 49, No. 28; July 12, 2024
Where there exists one or more convictions or successful
					 completion of a punishment similar to a term of deferred adjudication community
					 supervision for offenses of felony grade, in other states or in federal court,
					 prior to the last Texas conviction, the Board will consider recommending a
					 pardon only if the applicant:
(1)
				  provides a clearance by full pardon from the jurisdiction(s) of the previous
				  conviction(s); or
(2) furnishes
				  proof in writing that the other jurisdiction(s) will not act until a full
				  pardon is granted by the Governor of Texas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.8 - Suspended Sentence, Felony Conviction

Current through Reg. 49, No. 28; July 12, 2024
Upon a written application from the applicant or person
					 acting on their behalf, the Board will consider recommending full pardon for a
					 suspended sentence. Applicant's name, SID number, the county of conviction,
					 offense, and sentence shall be furnished when the request is
					 made.