CHAPTER 492. TEXAS BOARD OF CRIMINAL JUSTICE: GENERAL DUTIES; MEMBERSHIP
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 492. TEXAS BOARD OF CRIMINAL JUSTICE: GENERAL DUTIES;
MEMBERSHIP
Sec. 492.001. CONTROL OVER DEPARTMENT. The board governs the
department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.0011. PRIVATE SECTOR PRISON INDUSTRIES PROGRAM
MANAGEMENT. (a) The board shall approve, certify, and supervise
private sector prison industries programs operated by the
department, the Texas Youth Commission, and county correctional
facilities in accordance with Subchapter C, Chapter 497.
(b) This section does not authorize the board to direct the
general operations of or to govern the Texas Youth Commission or
county correctional facilities in any manner not specifically
described by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 1, eff. June 19, 2009.
Sec. 492.002. COMPOSITION OF BOARD; COMPENSATION OF MEMBERS.
(a) The board is composed of nine members appointed by the
governor with the advice and consent of the senate. The governor
may not appoint more than two members who reside in an area
encompassed by the same administrative judicial region, as
determined by Section 74.042.
(b) Members serve staggered six-year terms with the terms of
three members expiring February 1 of each odd-numbered year.
(c) A member of the board is not entitled to compensation but is
entitled to reimbursement for actual and necessary expenses as
provided by the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.003. ELIGIBILITY FOR MEMBERSHIP; REMOVAL. (a) Each
member of the board must be representative of the general public.
A person is not eligible for appointment as a member if the
person or the person's spouse:
(1) is a person, other than a judge participating in the
management of a community supervision and corrections department,
who is employed by or participates in the management of a
business entity or other organization regulated by the department
or receiving funds from the department;
(2) owns, or controls directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the department or receiving funds from the
department, including an entity or organization with which the
department contracts under Subchapter C, Chapter 497;
(3) uses or receives a substantial amount of tangible goods,
services, or funds from the department, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses; or
(4) owns, controls directly or indirectly, or is employed by a
business entity or other organization with which the department
contracts concerning a private sector prison industries program
approved and certified by the board under Subchapter C, Chapter
497.
(b) In this section, "Texas trade association" means a
cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interests.
(c) A person may not be a member of the board and may not be a
department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of criminal justice or
private sector prison industries; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of criminal
justice or private sector prison industries.
(d) A person who is required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation
in or on behalf of a profession related to the operation of the
board may not serve as a member of the board or act as the
general counsel to the board or the department.
(e) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
(f) It is a ground for removal from the board if a member:
(1) does not have at the time of taking office the
qualifications required by Subsection (a) for appointment to the
board;
(2) does not maintain during the member's service on the board
the qualifications required by Subsection (a) for appointment to
the board;
(3) is ineligible for membership under Subsection (c) or (d);
(4) is unable to discharge the member's duties for a substantial
part of the term for which the member was appointed because of
illness or disability; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during each
calendar year or is absent from more than two consecutive
regularly scheduled board meetings that the member is eligible to
attend, except when the absence is excused by majority vote of
the board.
(g) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a member
of the board existed.
(h) If the executive director has knowledge that a potential
ground for removal exists, the director shall notify the chairman
of the board of the ground. The chairman shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
chairman, the executive director shall notify the next highest
ranking officer of the board, who shall then notify the governor
and the attorney general that a potential ground for removal
exists.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991; Acts 1999, 76th Leg., ch. 1188, Sec. 1.01,
eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 2, eff. June 19, 2009.
Sec. 492.0031. TRAINING PROGRAM FOR MEMBERS. (a) A person who
is appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department and the board;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department, with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter 2001; and
(D) other laws relating to public officials, including conflict
of interest laws; and
(8) any applicable ethics policies adopted by the department or
the Texas Ethics Commission.
(b-1) In addition to the information described by Subsection
(b), the training program must provide the person with
information regarding:
(1) the legislative history of Subchapter C, Chapter 497;
(2) the history and operation of programs under that subchapter;
and
(3) any applicable federal law concerning the operation or
certification of a program under that subchapter.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) A person who is a member of the board on September 1, 2009,
shall complete the training described by Subsection (b-1) not
later than January 1, 2010. This subsection expires September 1,
2011.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.02, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 3, eff. June 19, 2009.
Sec. 492.004. NOTICE OF QUALIFICATIONS, RESPONSIBILITIES. The
executive director or the executive director's designee shall
provide to members of the board and to agency employees, as often
as necessary, information regarding requirements for office or
employment under this subtitle, including information regarding a
person's responsibilities under applicable law relating to
standards of conduct for state officers or employees.
Added by Acts. 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991; Acts 1999, 76th Leg., ch. 1188, Sec. 1.03,
eff. Sept. 1, 1999.
Sec. 492.005. ORGANIZATION OF BOARD. (a) At the beginning of a
governor's term, the governor shall designate one member of the
board as chairman of the board. That member shall serve as
chairman at the pleasure of the governor.
(b) The board shall elect a vice-chairman of the board from
among its members and may appoint committees to accomplish the
duties of the board.
(c) The board may employ clerical assistance as necessary to
discharge the board's duties.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.006. BOARD MEETINGS. (a) The board shall meet at
least once in each quarter of the calendar year at a site
determined by the chairman.
(b) The board may meet at other times at the call of the
chairman or as provided by the rules of the board.
(c) At each regularly scheduled meeting of the board, the board
shall allow:
(1) the presiding officer of the Board of Pardons and Paroles or
a designee of the presiding officer to present to the board any
item relating to the operation of the parole system determined by
the presiding officer to require the board's consideration; and
(2) the chairman of the judicial advisory council to the
community justice assistance division and to the board to present
to the board any item relating to the operation of the community
justice system determined by the chairman to require the board's
consideration.
Added by Acts 1989, 71st Leg. ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 268, Sec. 46(2),
eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1188, Sec. 1.04,
eff. Sept. 1, 1999.
Sec. 492.007. OPPORTUNITY FOR PUBLIC TO APPEAR BEFORE BOARD.
The board by rule shall provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.008. OATHS; EXAMINATION OF WITNESSES; INQUIRIES. Each
member of the board and the executive director, in the discharge
of a duty, may administer oaths, summon and examine witnesses,
and take other actions necessary to determine the truth of a
matter about which the member or executive director is entitled
to inquire.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.009. SEAL. (a) The board shall use an official seal
to attest to official acts of the board.
(b) The official seal must contain an engraved, five-pointed
star in the center with the words "Texas Board of Criminal
Justice" around the margin.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.010. SUITS BY BOARD. (a) The board may sue for the
collection and enforcement of demands and debts owed to the
department. The venue of a suit authorized by this section is in
Travis County. The attorney general shall represent the board.
(b) In a suit brought against the board or a member of the board
for acts made in an official capacity other than a suit brought
by the state, the board or a member of the board may not be
required to supply any form of security, including:
(1) a bond for costs;
(2) an appeal bond;
(3) a supersedeas bond; and
(4) a writ of error bond.
(c) This section does not authorize a civil suit against the
board or a member of the board, but does not prohibit a claim
that is an offset or counterclaim to an action originally brought
by the board.
(d) The executive director is the only person authorized to
receive service on behalf of the board, department, or any
division of the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.011. ANNUAL FISCAL REPORT. The board shall file
annually with the governor and the presiding officer of each
house of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the board
during the preceding fiscal year. The form of the annual report
and the reporting time are as provided in the General
Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991.
Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal
Justice and the Texas Department of Criminal Justice are subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board and the department are
abolished September 1, 2013.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a),
eff. Aug. 26, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
3.01, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 321, Sec.
1.112, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1188, Sec.
1.05, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1227, Sec. 1.01, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 14, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.04, eff. July 10, 2009.
Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD. (a) The
board may adopt rules as necessary for its own procedures and for
operation of the department.
(b) The board shall employ an executive director. The board
shall supervise the executive director's administration of the
department.
(c) The board shall approve the operating budget of the
department and the department's request for appropriations.
(d) The board shall appoint the members of any advisory
committees to the department.
(e) The board shall develop and implement policies that clearly
separate the policymaking responsibilities of the board and the
management responsibilities of the executive director and the
staff of the department.
(f) The board may apply for and accept gifts or grants from any
public or private source for use in maintaining and improving
correctional programs and services.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.06,
eff. Sept. 1, 1999.
Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The board
and the presiding officer of the Board of Pardons and Paroles
shall jointly review all rules, policies, and procedures of the
department and the Board of Pardons and Paroles that relate to or
affect the operation of the parole process. The board and the
presiding officer of the Board of Pardons and Paroles shall
identify areas of inconsistency between the department and the
Board of Pardons and Paroles and shall amend rules or change
policies and procedures as necessary for consistent operation of
the parole process.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.07, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
11.01, eff. Jan. 11, 2004.
Sec. 492.014. HEADQUARTERS. (a) The board shall maintain
headquarters in Austin.
(b) The department shall maintain dual headquarters in Austin
and Huntsville. The institutional division shall maintain its
headquarters in Huntsville and may not assign more than 15
personnel to Austin. The board shall attempt to locate all Austin
offices in one building or in buildings that are in close
proximity to one another.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991.
Sec. 492.015. USE OF TECHNOLOGY. The board shall implement a
policy requiring the department to use appropriate technological
solutions to improve the department's ability to perform its
functions. The policy must ensure that the public is able to
interact with the department on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 15, eff. June 15, 2007.
Sec. 492.016. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy
to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008 for the
adoption of department rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009 to assist in the resolution of internal and external
disputes under the department's jurisdiction.
(b) The department's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 15, eff. June 15, 2007.