CHAPTER 501. INMATE WELFARE
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 501. INMATE WELFARE
SUBCHAPTER A. GENERAL WELFARE PROVISIONS
Sec. 501.001. DISCRIMINATION AGAINST INMATES PROHIBITED. The
institutional division and the director of the institutional
division may not discriminate against an inmate on the basis of
the inmate's sex, race, color, creed, or national origin.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.001 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 501.002. ASSAULT BY EMPLOYEE ON INMATE. If an employee of
the department commits an assault on an inmate housed in a
facility operated by or under contract with the department, the
executive director shall file a complaint with the proper
official of the county in which the offense occurred. If an
employee is charged with an assault described by this section, an
inmate or person who was an inmate at the time of the alleged
offense may testify in a prosecution of the offense.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept.
1989. Renumbered from Sec. 500.002 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.070, eff. Sept. 1, 1995.
Sec. 501.003. FOOD. The department shall ensure that inmates
housed in facilities operated by the department are fed good and
wholesome food, prepared under sanitary conditions, and provided
in sufficient quantity and reasonable variety. The department
shall hold employees charged with preparing food for inmates
strictly to account for a failure to carry out this section. The
department shall provide for the training of inmates as cooks so
that food for inmates may be properly prepared.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.003 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.071, eff. Sept. 1, 1995.
Sec. 501.004. CLOTHING. The department shall provide to inmates
housed in facilities operated by the department suitable clothing
that is of substantial material, uniform make, and reasonable fit
and footwear that is substantial and comfortable. The department
may not allow an inmate to wear clothing that is not furnished by
the department, except as a reward for meritorious conduct. The
department may allow inmates to wear underwear not furnished by
the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.004 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.072, eff. Sept. 1, 1995.
Sec. 501.005. LITERACY PROGRAMS. (a) The institutional
division shall establish a program to teach reading to
functionally illiterate inmates housed in facilities operated by
the division. The institutional division shall allow an inmate
who is capable of serving as a tutor to tutor functionally
illiterate inmates and shall actively encourage volunteer
organizations to aid in the tutoring of inmates. The
institutional division, the inmate to be tutored, and the person
who tutors the inmate jointly shall establish reading goals for
the inmate to be tutored. A person who acts as a tutor may only
function as a teacher and advisor to an inmate and may not
exercise supervisory authority or control over the inmate.
(b) The institutional division shall require illiterate inmates
housed in facilities operated by the division to receive not less
than five or more than eight hours a week of reading instruction.
(c) The institutional division shall identify functionally
illiterate inmates housed in facilities operated by the division
and shall inform the parole division if it determines that an
inmate who is to be released to the supervision of the parole
division is in need of continuing education after release from
the institutional division.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.005 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.073, eff. Sept. 1, 1995.
Sec. 501.0051. RECEIPT OF BOOKS BY MAIL. (a) The department
shall establish a policy that permits an inmate to receive by
mail reference books and other educational materials from a
volunteer organization that operates programs described by
Section 501.009, regardless of whether the organization provides
those programs to inmates housed in facilities operated by the
department.
(b) The department may adopt rules as necessary to implement
this section, including rules to:
(1) provide for screening of packages sent to inmates;
(2) prohibit inmates from receiving books that might assist them
in committing crimes, such as books on escaping prison; and
(3) define the terms "reference books" and "educational
materials."
Added by Acts 2009, 81st Leg., R.S., Ch.
976, Sec. 1, eff. June 19, 2009.
Sec. 501.006. EMERGENCY ABSENCE. (a) The institutional
division may grant an emergency absence under escort to an inmate
so that the inmate may:
(1) obtain a medical diagnosis or medical treatment;
(2) obtain treatment and supervision at a Texas Department of
Mental Health and Mental Retardation facility; or
(3) attend a funeral or visit a critically ill relative.
(b) The institutional division shall adopt policies for the
administration of the emergency absence under escort program.
(c) An inmate absent under this section is considered to be in
the custody of the institutional division, and the inmate must be
under physical guard while absent.
(d) The institutional division may not grant a furlough to an
inmate convicted of an offense under Section 42.072, Penal Code.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.006 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1993, 73rd Leg., ch. 10, Sec. 7, eff. March 19, 1993; Acts 1995,
74th Leg., ch. 76, Sec. 14.36, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 321, Sec. 1.074, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 657, Sec. 7, eff. June 14, 1995; Acts 1997, 75th
Leg., ch. 1, Sec. 9, eff. Jan. 28, 1997.
Sec. 501.007. INMATE CLAIMS FOR LOST OR DAMAGED PROPERTY. The
department may pay from the miscellaneous funds appropriated to
the division claims made by inmates housed in facilities operated
by the department for property lost or damaged by the division.
The department shall maintain a record of all transactions made
under this section and shall send a copy of that record to the
state auditor at least annually. The record must show the amount
of each claim paid, the identity of each claimant, and the
purpose for which each claim was made. The department may not pay
under this section more than $500 on a claim.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.007 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.075, eff. Sept. 1, 1995.
Sec. 501.008. INMATE GRIEVANCE SYSTEM. (a) The department
shall develop and maintain a system for the resolution of
grievances by inmates housed in facilities operated by the
department or under contract with the department that qualifies
for certification under 42 U.S.C. Section 1997e and the
department shall obtain and maintain certification under that
section. A remedy provided by the grievance system is the
exclusive administrative remedy available to an inmate for a
claim for relief against the department that arises while the
inmate is housed in a facility operated by the department or
under contract with the department, other than a remedy provided
by writ of habeas corpus challenging the validity of an action
occurring before the delivery of the inmate to the department or
to a facility operated under contract with the department.
(b) The grievance system must provide procedures:
(1) for an inmate to identify evidence to substantiate the
inmate's claim; and
(2) for an inmate to receive all formal written responses to the
inmate's grievance.
(c) A report, investigation, or supporting document prepared by
the department in response to an inmate grievance is considered
to have been prepared in anticipation of litigation and is
confidential, privileged, and not subject to discovery by the
inmate in a claim arising out of the same operative facts as are
alleged in the grievance.
(d) An inmate may not file a claim in state court regarding
operative facts for which the grievance system provides the
exclusive administrative remedy until:
(1) the inmate receives a written decision issued by the highest
authority provided for in the grievance system; or
(2) if the inmate has not received a written decision described
by Subdivision (1), the 180th day after the date the grievance is
filed.
(e) The limitations period applicable to a claim arising out of
the same operative facts as a claim for which the grievance
system provides the exclusive remedy:
(1) is suspended on the filing of the grievance; and
(2) remains suspended until the earlier of the following dates:
(A) the 180th day after the date the grievance is filed; or
(B) the date the inmate receives the written decision described
by Subsection (d)(1).
(f) This section does not affect any immunity from a claim for
damages that otherwise exists for the state, the department, or
an employee of the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.008 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 378, Sec. 6, eff. June 8, 1995.
Sec. 501.0081. DISPUTE RESOLUTION: TIME-SERVED CREDITS. (a)
The department shall develop a system that allows resolution of a
complaint by an inmate who alleges that time credited on the
inmate's sentence is in error and does not accurately reflect the
amount of time-served credit to which the inmate is entitled.
(b) Except as provided by Subsection (c), an inmate may not in
an application for a writ of habeas corpus under Article 11.07,
Code of Criminal Procedure, raise as a claim a time-served credit
error until:
(1) the inmate receives a written decision issued by the highest
authority provided for in the resolution system; or
(2) if the inmate has not received a written decision described
by Subdivision (1), the 180th day after the date on which under
the resolution system the inmate first alleges the time-served
credit error.
(c) Subsection (b) does not apply to an inmate who, according to
the department's computations, is within 180 days of the inmate's
presumptive parole date, date of release on mandatory
supervision, or date of discharge. An inmate described by this
subsection may raise a claim of time-served credit error by
filing a complaint under the system described by Subsection (a)
or, if an application for a writ of habeas corpus is not
otherwise barred, by raising the claim in that application.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.38(a), eff. Sept.
1, 1999.
Sec. 501.009. VOLUNTEER ORGANIZATIONS. The department shall
actively encourage volunteer organizations to provide the
following programs for inmates housed in facilities operated by
the department:
(1) literacy and education programs;
(2) life skills programs;
(3) job skills programs;
(4) parent-training programs;
(5) drug and alcohol rehabilitation programs;
(6) support group programs;
(7) arts and crafts programs; and
(8) other programs determined by the department to aid inmates
in the transition between confinement and society and to reduce
incidence of recidivism among inmates.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.009 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.076, eff. Sept. 1, 1995.
Sec. 501.010. VISITORS. (a) The institutional division shall
allow the governor, members of the legislature, and members of
the executive and judicial branches to enter at proper hours any
part of a facility operated by the division where inmates are
housed or worked, for the purpose of observing the operations of
the division. A visitor described by this subsection may talk
with inmates away from institutional division employees.
(b) The institutional division shall have a uniform visitation
policy that allows eligible inmates housed in facilities operated
by the division, other than state jails, to receive visitors. The
institutional division shall require each warden in the division
to:
(1) apply the policy in the unit under the warden's control;
(2) prominently display copies of the policy in locations in the
unit that are accessible to inmates or visitors; and
(3) if requested, provide visitors with copies of the policy.
(c) At the end of each biennium, each warden in the
institutional division shall report to the director of the
division on the manner in which the policy has affected
visitation at the warden's unit during the preceding two years.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.010 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.077, eff. Sept. 1, 1995.
Sec. 501.011. ZERO-TOLERANCE POLICY. (a) The department shall
adopt a zero-tolerance policy concerning the detection,
prevention, and punishment of the sexual abuse, including
consensual sexual contact, of inmates in the custody of the
department.
(b) The department shall establish standards for reporting and
collecting data on the sexual abuse of inmates in the custody of
the department.
(c) The department shall establish a procedure for inmates in
the custody of the department and department employees to report
incidents of sexual abuse involving an inmate in the custody of
the department. The procedure must designate a person employed
at the department facility in which the abuse is alleged to have
occurred as well as a person who is employed at the department's
headquarters to whom a person may report an incident of sexual
abuse.
(d) The department shall prominently display the following
notice in the office of the chief administrator of each
department facility, the employees' break room of each department
facility, the cafeteria of each department facility, and at least
six additional locations in each department facility:
THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT,
OF AN INMATE IN THE CUSTODY OF THE DEPARTMENT. ANY SUCH
VIOLATION MUST BE REPORTED TO __________.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 23, eff. June 15, 2007.
Sec. 501.012. FAMILY LIAISON OFFICER. The director of the
institutional division shall designate one employee at each
facility operated by the institutional division to serve as
family liaison officer for that facility. The family liaison
officer shall facilitate the maintenance of ties between inmates
and their families for the purpose of reducing recidivism. Each
family liaison officer shall:
(1) provide inmates' relatives with information about the
classification status, location, and health of inmates in the
facility;
(2) notify inmates about emergencies involving their families
and provide inmates with other necessary information relating to
their families; and
(3) assist inmates' relatives and other persons during visits
with inmates and aid those persons in resolving problems that may
affect permitted contact with inmates.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.012 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.079, eff. Sept. 1, 1995.
Sec. 501.013. MATERIALS USED FOR ARTS AND CRAFTS. (a) The
institutional division may purchase materials to be used by
inmates housed in facilities operated by the division to produce
arts and crafts.
(b) The institutional division may allow an inmate housed in a
facility operated by the division who produces arts and crafts in
the division to sell those arts and crafts to the general public
in a manner determined by the division.
(c) If an inmate housed in a facility operated by the division
sells arts and crafts and the materials used in the production of
the arts and crafts were provided by the division, the proceeds
of the sale go first to the division to pay for the cost of the
materials, and the remainder, if any, goes to the inmate. The
institutional division may not purchase more than $30 of
materials for any inmate unless the inmate has repaid the
division in full for previous purchases of materials.
(d) The manufacturing and logistics division and the
institutional division shall work cooperatively in supervising
the production and sale of arts and crafts under this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.013 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.080, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 1056, Sec. 6, eff. Sept. 1, 2003.
Sec. 501.014. INMATE MONEY. (a) The department shall take
possession of all money that an inmate has on the inmate's person
or that is received with the inmate when the inmate arrives at a
facility to be admitted to the custody of the department and all
money the inmate receives at the department during confinement
and shall credit the money to an account created for the inmate.
The department may spend money from an inmate account on the
written order of the inmate in whose name the account is
established or as required by law or policy subject to
restrictions on the expenditure established by law or policy. The
department shall ensure that each facility operated by or under
contract with the department shall operate an account system that
complies with this section, but the department is not required to
operate a separate account system for or at each facility.
(b) If an inmate with money in an account established under
Subsection (a) dies while confined in a facility operated by or
under contract with the department, the department shall attempt
to give notice of the account to a beneficiary or known relative
of the deceased inmate. On the presentation of a notarized claim
to the department for the money by a person entitled to the
notice, the department may pay any amount not exceeding $2,500 of
the deceased inmate's money held by the department to the
claimant. A claim for money in excess of $2,500 must be made
under Section 137, Probate Code, or another law, as applicable.
The department is not liable for making a payment or failing to
make a payment under this subsection.
(c) If money is unclaimed two years after the department gives
or attempts to give notice under Subsection (b), or two years
after the date of the death of an inmate whose beneficiary or
relative is unknown, the executive director, or the executive
director's designee, shall make an affidavit stating that the
money in the inmate account is unclaimed and send the affidavit
and money to the comptroller.
(d) An inmate who escapes or attempts to escape from the custody
of the department forfeits to the department all of the money
held by the department in the inmate's account at the time of the
escape or attempted escape. Money forfeited to the comptroller
under Subsection (c) escheats to the state.
(e) On notification by a court, the department shall withdraw
from an inmate's account any amount the inmate is ordered to pay
by order of the court under this subsection. On receipt of a
valid court order requiring an inmate to pay child support, the
department shall withdraw the appropriate amount from the
inmate's account under this subsection, regardless of whether the
court order is provided by the court or another person. The
department shall make a payment under this subsection as ordered
by the court to either the court or the party specified in the
court order. The department is not liable for withdrawing or
failing to withdraw money or making payments or failing to make
payments under this subsection. The department shall make
withdrawals and payments from an inmate's account under this
subsection according to the following schedule of priorities:
(1) as payment in full for all orders for child support;
(2) as payment in full for all orders for restitution;
(3) as payment in full for all orders for reimbursement of the
Health and Human Services Commission for financial assistance
provided for the child's health needs under Chapter 31, Human
Resources Code, to a child of the inmate;
(4) as payment in full for all orders for court fees and costs;
(5) as payment in full for all orders for fines; and
(6) as payment in full for any other court order, judgment, or
writ.
(f) The department may place a hold on money in or withdraw
money from an inmate account:
(1) to restore amounts withdrawn by the inmate against
uncollected money;
(2) to correct accounting errors;
(3) to make restitution for wrongful withdrawals made by an
inmate from the account of another inmate;
(4) to cover deposits until cleared;
(5) as directed by court order in accordance with Subsection
(e);
(6) as part of an investigation by the department of inmate
conduct involving the use of the account or an investigation in
which activity or money in the inmate's account is evidence;
(7) to transfer money deposited in violation of law or
department policy; or
(8) to recover money the inmate owes the department for indigent
supplies, medical copayments, destruction of state property, or
other indebtedness.
(g) The department shall withdraw money from an inmate's account
under Subsection (e) before the department applies a deposit to
that account toward any unpaid balance owed to the department by
the inmate under Section 501.063.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.014 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1993, 73rd Leg., ch. 804, Sec. 1, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 321, Sec. 1.081, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 257, Sec. 2, eff. Jan. 1, 1998; Acts 1997, 75th
Leg., ch. 807, Sec. 1, eff. Sept. 1, 1997; Acts 1997. 75th Leg.,
ch. 1409, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1423, Sec. 8.34, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
62, Sec. 8.10, 19.02(8), eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 326, Sec. 1, 2, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 32, eff. June 19, 2009.
Sec. 501.015. PROVIDING DISCHARGED OR RELEASED INMATE WITH
CLOTHING AND MONEY; BURIAL EXPENSES. (a) When an inmate is
discharged or is released on parole, mandatory supervision, or
conditional pardon, the department shall provide the inmate with:
(1) suitable civilian clothing;
(2) money held in the inmate's trust account by the director;
(3) cash, in an amount and in the manner described by Subsection
(b); and
(4) a personal identification certificate obtained under Section
501.0165, if available.
(b) When an inmate is released on parole, mandatory supervision,
or conditional pardon, the inmate is entitled to receive $100
from the department and transportation at the expense of the
department to the location at which the inmate is required to
report to a parole officer by the pardons and paroles division.
The inmate shall receive $50 on his release from the institution
and $50 on initially reporting to a parole officer at the
location at which the inmate is required to report to a parole
officer. If an inmate is released and is not required by the
pardons and paroles division to report to a parole officer or is
authorized by the pardons and paroles division to report to a
location outside this state, the department shall provide the
inmate with $100 and, at the expense of the department,
transportation to:
(1) the location of the inmate's residence, if the residence is
in this state; or
(2) a transit point determined appropriate by the department, if
the inmate's residence is outside this state or the inmate is
required by the pardons and paroles division to report to a
location outside this state.
(c) The department may spend not more than $200 to defray the
costs of transportation or other expenses related to the burial
of an inmate who dies while confined in a facility operated by
the institutional division.
(d) The director of the institutional division shall provide the
comptroller with funds sufficient to maintain not less than
$100,000 in a bank or banks in Huntsville, Texas, for the purpose
of making prompt payments to inmates required by Subsection (b).
Funds maintained in a bank under this subsection must be secured
by bonds or other securities approved by the attorney general.
(e) A bank that maintains funds described by Subsection (b)
shall make a weekly report to the comptroller on the condition of
the funds.
(f) Subsection (a)(3) does not apply to an inmate who on
discharge or release on parole, mandatory supervision, or
conditional pardon is transferred from the custody of the
institutional division to a state jail felony facility or who is
subject to a felony detainer and is released to the custody of
another jurisdiction.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.015 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1993, 73rd Leg., ch. 238, Sec. 7.01, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 321, Sec. 1.082, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1423, Sec. 8.35, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 745, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1288, Sec. 1, eff. September 1, 2009.
Sec. 501.016. DISCHARGE OR RELEASE PAPERS; RELEASE DATE. (a)
The department shall prepare and provide an inmate with the
inmate's discharge or release papers when the inmate is entitled
to be discharged or to be released on parole, mandatory
supervision, or conditional pardon. The papers must be dated and
signed by the officer preparing the papers and bear the seal of
the department. The papers must contain:
(1) the inmate's name;
(2) a statement of the offense or offenses for which the inmate
was sentenced;
(3) the date on which the defendant was sentenced and the length
of the sentence;
(4) the name of the county in which the inmate was sentenced;
(5) the amount of calendar time the inmate actually served;
(6) a statement of any trade learned by the inmate and the
inmate's proficiency at that trade; and
(7) the physical description of the inmate, as far as
practicable.
(b) If the release date of an inmate occurs on a Saturday,
Sunday, or legal holiday, the department may release the inmate
on the preceding workday.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.016 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.083, eff. Sept. 1, 1995.
Sec. 501.0165. STATE-ISSUED IDENTIFICATION; NECESSARY
DOCUMENTATION. (a) Before discharging an inmate or releasing an
inmate on parole, mandatory supervision, or conditional pardon,
the department shall:
(1) determine whether the inmate has:
(A) a valid license issued under Chapter 521 or 522,
Transportation Code; or
(B) a valid personal identification certificate issued under
Chapter 521, Transportation Code; and
(2) if the inmate does not have a valid license or certificate
described by Subdivision (1), submit to the Department of Public
Safety on behalf of the inmate a request for the issuance of a
personal identification certificate under Chapter 521,
Transportation Code.
(b) The department shall submit a request under Subsection
(a)(2) as soon as is practicable to enable the department to
provide the inmate with the personal identification certificate
when the department discharges or releases the inmate.
(c) The department, the Department of Public Safety, and the
bureau of vital statistics of the Department of State Health
Services shall by rule adopt a memorandum of understanding that
establishes their respective responsibilities with respect to the
issuance of a personal identification certificate to an inmate,
including responsibilities related to verification of the
inmate's identity. The memorandum of understanding must require
the Department of State Health Services to electronically verify
the birth record of an inmate whose name and any other personal
information is provided by the department and to electronically
report the recorded filing information to the Department of
Public Safety to validate the identity of an inmate under this
section.
(d) The department shall reimburse the Department of Public
Safety or the Department of State Health Services for the actual
costs incurred by those agencies in performing responsibilities
established under this section. The department may charge an
inmate for the actual costs incurred under this section or the
fees required by Section 521.421, Transportation Code.
(e) This section does not apply to an inmate who:
(1) is not legally present in the United States; or
(2) was not a resident of this state before the person was
placed in the custody of the department.
Added by Acts 2009, 81st Leg., R.S., Ch.
1288, Sec. 2, eff. September 1, 2009.
Sec. 501.017. COST OF CONFINEMENT AS CLAIM. (a) The department
may establish a claim and lien against the estate of an inmate
who dies while confined in a facility operated by or under
contract with the department for the cost to the department of
the inmate's confinement.
(b) The department may not enforce a claim or lien established
under this section if the inmate has a surviving spouse or a
surviving dependent or disabled child.
(c) The department shall adopt policies regarding recovery of
the cost of confinement through enforcement of claims or liens
established under this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.017 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.084, eff. Sept. 1, 1995.
Sec. 501.019. COST OF CONFINEMENT AS CLAIM; SETOFF. (a) The
state may deduct from any monetary obligation owed to an
incarcerated person:
(1) the cost of incarceration, if a cost of incarceration for
the person can be computed; and
(2) any amount assessed against the person under Section 14.006,
Civil Practice and Remedies Code, that remains unpaid at the time
the monetary obligation is to be paid.
(b) In a case in which a person may be indemnified under Chapter
104, Civil Practice and Remedies Code, and that arises from a
claim made by a person for whom a cost of incarceration can be
computed, the court shall reduce the amount recoverable by the
claimant by the amount of the cost of incarceration.
(c) The annual cost of incarceration of a person shall be
computed using the average cost per day for imprisonment
calculated by the Criminal Justice Policy Council.
(d) In making a deduction under Subsection (a) or in reducing an
award under Subsection (b), the department or the court shall
credit or debit a prorated portion of the cost of incarceration
for a person incarcerated for 365 days or less in a year. The
number of days of incarceration in a year includes time served
before conviction.
(e) This section applies to a monetary obligation arising from a
judgment against the state, an agency of the state, or an officer
or employee of the state or an agency of the state, only if:
(1) the judgment awards damages for property damage or bodily
injury resulting from a negligent act or omission, including an
act or omission described by Section 101.021(1), Civil Practice
and Remedies Code; and
(2) there is not a finding by the court of a violation of the
constitution of this state or the United States.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 7, eff. June 8,
1995.
Sec. 501.021. USE OF INMATES IN TRAINING PROHIBITED. The
department may not use an inmate in a program that trains dogs to
attack individuals without the inmate's permission.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.085, eff. Sept. 1,
1995.
Sec. 501.022. INFANT CARE AND PARENTING. The department shall
implement a residential infant care and parenting program for
mothers who are confined by the department. To the extent
practicable, the department shall model the program after the
Federal Bureau of Prisons' Mothers and Infants Together program
operated under contract in Fort Worth.
Added by Acts 2007, 80th Leg., R.S., Ch.
824, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. GENERAL MEDICAL AND MENTAL HEALTH CARE PROVISIONS
Sec. 501.051. MEDICAL FACILITIES AT UNIVERSITY OF TEXAS MEDICAL
BRANCH. (a) The medical facility constructed by the
institutional division at The University of Texas Medical Branch
at Galveston shall be used as a teaching facility and be limited
to patients who are teaching patients, as long as the medical
facility is used for the treatment of department patients. The
Board of Regents of The University of Texas System shall maintain
and operate the facility and provide professional staff services
necessary for the care of patients in the facility, except that
the department shall provide security at the facility. The
facility shall provide the same level of care as is provided for
patients in other facilities of The University of Texas Medical
Branch at Galveston.
(b) If the medical facility ceases to be used for department
patients, the facility shall revert to the medical branch for its
use and be operated under the exclusive management and control of
the Board of Regents of The University of Texas System.
(c) The medical facility shall be operated with funds
appropriated for that purpose.
(d) The department shall establish and maintain an overnight
holding facility for inmate outpatients at The University of
Texas Medical Branch at Galveston.
(e) The department and The University of Texas Medical Branch at
Galveston shall by rule adopt a memorandum of understanding that
establishes the responsibilities of the department and the
medical branch in maintaining the department's medical facility,
providing security, and providing medical care. The memorandum
must also establish a joint peer review committee and a joint
utilization review committee. Each committee shall be composed of
medical personnel employed by the department and by the medical
branch. The joint peer review committee shall review all case
files to determine whether the quality of medical care provided
is adequate, according to accepted medical standards. The joint
utilization review committee shall review all case files to
determine whether treatment given is medically necessary under
the circumstances of each case, taking into account accepted
medical standards. The department shall coordinate the
development of the memorandum of understanding.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.051 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.086, eff. Sept. 1, 1995.
Sec. 501.052. MEDICAL RESIDENCIES. The department may establish
a residency program or a rotation program to employ or train
physicians to treat inmates in the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.052 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.087, eff. Sept. 1, 1995.
Sec. 501.053. REPORTS OF PHYSICIAN MISCONDUCT. (a) If the
department receives an allegation that a physician employed or
under contract with the department has committed an action that
constitutes a ground for the denial or revocation of the
physician's license under Section 164.051, Occupations Code, the
department shall report the information to the Texas State Board
of Medical Examiners in the manner provided by Section 154.051,
Occupations Code.
(b) The department shall provide the Texas State Board of
Medical Examiners with a copy of any report or finding relating
to an investigation of an allegation reported to the board.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.053 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.088, eff. Sept. 1, 1995; Acts
2001, 77th Leg., ch. 1420, Sec. 14.763, eff. Sept. 1, 2001.
Sec. 501.054. AIDS AND HIV EDUCATION; TESTING. (a) In this
section, "AIDS," "HIV," and "test result" have the meanings
assigned by Section 81.101, Health and Safety Code.
(b) The department, in consultation with the Texas Department of
Health, shall establish education programs to educate inmates and
employees of the department about AIDS and HIV. In establishing
the programs for inmates, the department shall design a program
that deals with issues related to AIDS and HIV that are relevant
to inmates while confined and a program that deals with issues
related to AIDS and HIV that will be relevant to inmates after
the inmates are released. The department shall design the
programs to take into account relevant cultural and other
differences among inmates. The department shall require each
inmate in a facility operated by the department to participate in
education programs established under this subsection.
(c) The department shall require each employee of the department
to participate in programs established under this section at
least once during each calendar year.
(d) The department shall ensure that education programs for
employees include information and training relating to infection
control procedures. The department shall also ensure that
employees have infection control supplies and equipment readily
available.
(e) The department, in consultation with the Texas Department of
Health, shall periodically revise education programs established
under this section so that the programs reflect the latest
medical information available on AIDS and HIV.
(f) The department shall adopt a policy for handling persons
with AIDS or HIV infection who are in the custody of the
department or under the department's supervision. The policy must
be substantially similar to a model policy developed by the Texas
Department of Health under Subchapter G, Chapter 85, Health and
Safety Code.
(g) The department shall maintain the confidentiality of test
results of an inmate indicating HIV infection at all times,
including after the inmate's discharge, release from a state
jail, or release on parole or mandatory supervision. The
department may not honor the request of an agency of the state or
any person who requests a test result as a condition of housing
or supervising the inmate while the inmate is on community
supervision or parole or mandatory supervision, unless honoring
the request would improve the ability of the inmate to obtain
essential health and social services.
(h) The department shall report to the legislature not later
than January 15 of each odd-numbered year concerning the
implementation of this section and the participation of inmates
and employees of the department in education programs established
under this section.
(i) The department may test an inmate confined in a facility
operated by the correctional institutions division for human
immunodeficiency virus at any time, but must test:
(1) during the diagnostic process, an inmate for whom the
department does not have a record of a positive test result; and
(2) an inmate who is eligible for release before the inmate is
released from the division.
(j) If the department determines that an inmate has a positive
test result, the department may segregate the inmate from other
inmates. The department shall report the results of a positive
test to the Department of State Health Services for the purposes
of notification and reporting as described by Sections
81.050-81.052, Health and Safety Code.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.054 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.089, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1184, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
255, Sec. 1, eff. May 26, 2007.
Sec. 501.055. REPORT OF INMATE DEATH. (a) If an inmate dies
while in the custody of the department, an employee of the
facility who is in charge of the inmate shall immediately notify
the nearest justice of the peace serving in the county in which
the inmate died and the office of internal affairs for the
department. The justice shall personally inspect the body and
make an inquiry as to the cause of death. The justice shall make
written copies of evidence taken during the inquest, and give one
copy to the director and one copy to a district judge serving in
the county in which the inmate died. The judge shall provide the
copy to the grand jury and, if the judge determines the evidence
indicates wrongdoing, instruct the grand jury to thoroughly
investigate the cause of death.
(b) Subsection (a) does not apply if the inmate:
(1) dies of natural causes while attended by a physician or a
registered nurse; or
(2) is lawfully executed.
(c) If an inmate dies as described by Subsection (b)(1), the
department or an authorized official of the department shall
immediately attempt to notify the next of kin of the inmate that
the inmate has died, state the time of the inmate's death, and
inform the next of kin that unless the next of kin objects to the
department within eight hours of the stated time of death, an
autopsy will be conducted on the inmate.
(d) If the next of kin consents to the autopsy or does not
within eight hours of the time of death object to the department
about the autopsy, the department or an authorized official of
the department shall order an autopsy to be conducted on the
inmate. The order of an autopsy under this subsection constitutes
consent to an autopsy for the purposes of Article 49.13(b), Code
of Criminal Procedure.
(e) For purposes of this section, an "inmate in the custody of
the department" is a convicted felon who:
(1) is confined in a secure correctional facility operated by or
under contract with the department; or
(2) has been admitted for treatment into a hospital while
remaining in the custody of the department.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.055 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.090, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1422, Sec. 2, eff. June 20, 1997.
Sec. 501.0551. ANATOMICAL GIFTS. (a) The department, during
the diagnostic process, shall provide each inmate with a form on
which the inmate may indicate whether the inmate wishes to be an
eye, tissue, or organ donor if the inmate dies while in the
custody of the department.
(b) If an inmate indicates on the form that the inmate wishes to
be a donor, the effect is the same as if the inmate executed a
statement of gift under Section 521.401, Transportation Code.
(c) The department shall adopt procedures to provide inmates
with the form described by Subsection (a).
(d) Expired.
Added by Acts 1997, 75th Leg., ch. 1422, Sec. 3, eff. June 20,
1997.
Sec. 501.056. CONTRACT FOR CARE OF MENTALLY ILL AND MENTALLY
RETARDED INMATES. The department shall contract with the Texas
Department of Mental Health and Mental Retardation for provision
of Texas Department of Mental Health and Mental Retardation
facilities, treatment, and habilitation for mentally ill and
mentally retarded inmates in the custody of the department. The
contract must provide:
(1) detailed characteristics of the mentally ill inmate
population and the mentally retarded inmate population to be
affected under the contract;
(2) for the respective responsibilities of the Texas Department
of Mental Health and Mental Retardation and the department with
regard to the care and supervision of the affected inmates; and
(3) that the department remains responsible for security.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.056 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.091, eff. Sept. 1, 1995.
Sec. 501.057. CIVIL COMMITMENT BEFORE PAROLE. (a) The
department shall establish a system to identify mentally ill
inmates who are nearing eligibility for release on parole.
(b) Not later than the 30th day before the initial parole
eligibility date of an inmate identified as mentally ill, an
institutional division psychiatrist shall examine the inmate. The
psychiatrist shall file a sworn application for court-ordered
temporary mental health services under Chapter 574, Health and
Safety Code, if the psychiatrist determines that the inmate is
mentally ill and as a result of the illness the inmate meets at
least one of the criteria listed in Section 574.034 , Health and
Safety Code.
(c) The psychiatrist shall include with the application a sworn
certificate of medical examination for mental illness in the form
prescribed by Section 574.011, Health and Safety Code.
(d) The institutional division is liable for costs incurred for
a hearing under Chapter 574, Health and Safety Code, that follows
an application filed by a division psychiatrist under this
section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.057 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.092, eff. Sept. 1, 1995.
Sec. 501.058. COMPENSATION OF PSYCHIATRISTS. The amount of
compensation paid by the institutional division to psychiatrists
employed by the division should be similar to the amount of
compensation authorized for the Texas Department of Mental Health
and Mental Retardation to pay to psychiatrists employed by the
Texas Department of Mental Health and Mental Retardation.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 500.058 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 501.059. SCREENING FOR AND EDUCATION CONCERNING FETAL
ALCOHOL EXPOSURE DURING PREGNANCY. (a) The department shall
establish a screening program to identify female inmates who are:
(1) between the ages of 18 and 44;
(2) sentenced to a term of confinement not to exceed two years;
and
(3) at risk for having a pregnancy with alcohol-related
complications, including giving birth to a child with
alcohol-related birth defects.
(b) The screening program established under Subsection (a) must:
(1) evaluate the family planning practices of each female inmate
described by Subsection (a) in relation to the inmate's
consumption of alcohol and risk of having a pregnancy with
alcohol-related complications;
(2) include an objective screening tool to be used by department
employees administering the screening program; and
(3) occur during the diagnostic process or at another time
determined by the department.
(c) The department shall provide:
(1) a brief substance abuse intervention to all female inmates
identified by the screening program as being at risk for having a
pregnancy with alcohol-related complications; and
(2) an educational brochure describing the risks and dangers of
consuming alcohol during pregnancy to all female inmates.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 24, eff. June 15, 2007.
Sec. 501.060. TUBERCULOSIS SCREENING. (a) The board will
establish requirements for tuberculosis screening of department
employees and volunteers in a manner similar to that established
for jail employees and volunteers as outlined in Subchapter B,
Chapter 89, Health and Safety Code.
(b) The institutional division shall provide tuberculosis
screening for a person if:
(1) the person is an employee of:
(A) the institutional division;
(B) the correctional managed care plan operated by The
University of Texas Medical Branch at Galveston; or
(C) the Texas Tech University Health Science Center Correctional
Managed Care Plan; and
(2) the person requests the screening.
Added by Acts 1993, 73rd Leg., ch. 786, Sec. 2, eff. Sept. 1,
1993. Renumbered from Government Code Sec. 501.059 by Acts 1995,
74th Leg., ch. 76, Sec. 17.01(17), eff. Sept. 1, 1995. Renumbered
from Government Code Sec. 501.059 and amended by Acts 1995, 74th
Leg., ch. 385, Sec. 1, eff. Aug. 28, 1995.
Sec. 501.061. ORCHIECTOMY FOR CERTAIN SEX OFFENDERS. (a) A
physician employed or retained by the department may perform an
orchiectomy on an inmate only if:
(1) the inmate has been convicted of an offense under Section
21.02, 21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal Code, and
has previously been convicted under one or more of those
sections;
(2) the inmate is 21 years of age or older;
(3) the inmate requests the procedure in writing;
(4) the inmate signs a statement admitting the inmate committed
the offense described by Subsection (a)(1) for which the inmate
has been convicted;
(5) a psychiatrist and a psychologist who are appointed by the
department and have experience in the treatment of sex offenders:
(A) evaluate the inmate and determine that the inmate is a
suitable candidate for the procedure; and
(B) counsel the inmate before the inmate undergoes the
procedure;
(6) the physician obtains the inmate's informed, written consent
to undergo the procedure;
(7) the inmate has not previously requested that the department
perform the procedure and subsequently withdrawn the request; and
(8) the inmate consults with a monitor as provided by Subsection
(f).
(b) The inmate may change his decision to undergo an orchiectomy
at any time before the physician performs the procedure. An
inmate who withdraws his request to undergo an orchiectomy is
ineligible to have the procedure performed by the department.
(c) Either the psychiatrist or psychologist appointed by the
department under this section must be a member of the staff of a
medical facility under contract with the department or the
institutional division to treat inmates in the division.
(d) A physician who performs an orchiectomy on an inmate under
this section is not liable for an act or omission relating to the
procedure unless the act or omission constitutes negligence.
(e) The name of an inmate who requests an orchiectomy under this
section is confidential, and the department may use the inmate's
name only for purposes of notifying and providing information to
the inmate's spouse if the inmate is married.
(f) The executive director of the Texas State Board of Medical
Examiners shall appoint, in consultation with two or more
executive directors of college or university institutes or
centers for the study of medical ethics or medical humanities, a
monitor to assist an inmate in his decision to have an
orchiectomy. The monitor must have experience in the mental
health field, in law, and in ethics. The monitor shall consult
with the inmate to:
(1) ensure adequate information regarding the orchiectomy has
been provided to the inmate by medical professionals providing
treatment or advice to the inmate;
(2) provide information regarding the orchiectomy to the inmate
if the monitor believes the inmate is not adequately informed
about the orchiectomy;
(3) determine whether the inmate is free from coercion in his
decision regarding the orchiectomy; and
(4) advise the inmate to withdraw his request for an orchiectomy
if the monitor determines the inmate is being coerced to have an
orchiectomy.
(g) A monitor appointed under Subsection (f) is not liable for
damages arising from an act or omission under Subsection (f)
unless the act or omission was intentional or grossly negligent.
Added by Acts 1997, 75th Leg., ch. 144, Sec. 1, eff. May 20,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.37, eff. September 1, 2007.
Sec. 501.062. STUDY OF RATE OF RECIDIVISM AMONG SEX OFFENDERS.
(a) The department shall conduct a long-term study, for at least
10 years after the date an orchiectomy is performed under Section
501.061, to measure the rate of recidivism among inmates who
undergo the procedure.
(b) During the study period under Subsection (a), with respect
to each inmate who undergoes an orchiectomy under Section 501.061
and who volunteers to undergo the evaluations described by this
subsection, the department shall provide for:
(1) a psychiatric or psychological evaluation of the inmate; and
(2) periodic monitoring and medical evaluation of the presence
of the hormone testosterone in the inmate's body.
(c) Before each regular session of the legislature, the
department shall submit to the legislature a report that compares
the rate of recidivism of sex offenders released from the
institutional division who have undergone an orchiectomy to the
rate of recidivism of those sex offenders who have not.
(d) The department may contract with a public or private entity
to conduct the study required under this section.
Added by Acts 1997, 75th Leg., ch. 144, Sec. 1, eff. May 20,
1997.
Sec. 501.063. INMATE COPAYMENTS FOR CERTAIN HEALTH CARE VISITS.
(a) An inmate confined in a facility operated by or under
contract with the department, other than a halfway house, who
initiates a visit to a health care provider shall make a
copayment to the department in the amount of $3. The inmate shall
make the copayment out of the inmate's trust fund. If the balance
in the fund is insufficient to cover the copayment, 50 percent of
each deposit to the fund shall be applied toward the balance owed
until the total amount owed is paid.
(b) The department may not charge a copayment for health care:
(1) provided in response to a life-threatening or emergency
situation affecting the inmate's health;
(2) initiated by the department;
(3) initiated by the health care provider or consisting of
routine follow-up, prenatal, or chronic care; or
(4) provided under a contractual obligation that is established
under the Interstate Corrections Compact or under an agreement
with another state that precludes assessing a copayment.
(c) The department shall adopt policies to ensure that before an
inmate initiates a visit to a health care provider, the inmate is
informed that a $3 copayment will be deducted from the inmate's
trust fund as required by Subsection (a).
(d) The department may not deny an inmate access to health care
as a result of the inmate's failure or inability to make a
copayment.
(e) The department shall deposit money received under this
section in an account in the general revenue fund that may be
used only to pay the cost of administering this section. At the
beginning of each fiscal year, the comptroller shall transfer any
surplus from the preceding fiscal year to the state treasury to
the credit of the general revenue fund.
Added by Acts 1997, 75th Leg., ch. 257, Sec. 1, eff. Jan. 1,
1998. Renumbered from Sec. 501.061 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(45), eff. Sept. 1, 1999.
Sec. 501.064. AVAILABILITY OF CORRECTIONAL HEALTH CARE
INFORMATION TO INMATES. The department shall ensure that the
following information is available to any inmate confined in a
facility operated by or under contract with the department:
(1) a description of the level, type, and variety of health care
services available to inmates;
(2) the formulary used by correctional health care personnel in
prescribing medication to inmates;
(3) correctional managed care policies and procedures; and
(4) the process for the filing of inmate grievances concerning
health care services provided to inmates.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 24, eff. June 15, 2007.
Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND
SURGICAL TREATMENT. An inmate who is younger than 18 years of
age and is confined in a facility operated by or under contract
with the department may, in accordance with procedures
established by the department, consent to medical, dental,
psychological, and surgical treatment for the inmate by a
licensed health care practitioner, or a person under the
direction of a licensed health care practitioner, unless the
treatment would constitute a prohibited practice under Section
164.052(a)(19), Occupations Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1227, Sec. 1, eff. June 15, 2007.
Renumbered from Government Code, Section 501.059 by Acts 2009,
81st Leg., R.S., Ch.
87, Sec. 27.001(34), eff. September 1, 2009.
Sec. 501.066. RESTRAINT OF PREGNANT INMATE OR DEFENDANT. (a)
The department may not use restraints to control the movement of
a pregnant woman in the custody of the department at any time
during which the woman is in labor or delivery or recovering from
delivery, unless the director or director's designee determines
that the use of restraints is necessary to:
(1) ensure the safety and security of the woman or her infant,
department or medical personnel, or any member of the public; or
(2) prevent a substantial risk that the woman will attempt
escape.
(b) If a determination to use restraints is made under
Subsection (a), the type of restraint used and the manner in
which the restraint is used must be the least restrictive
available under the circumstances to ensure safety and security
or to prevent escape.
Added by Acts 2009, 81st Leg., R.S., Ch.
1184, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. CONTINUITY OF CARE PROGRAMS; REENTRY PROGRAM
Text of section effective on June 19, 2009, but only if a
specific appropriation is provided as described by Acts 2009,
81st Leg., R.S., Ch. 643, Sec. 4, which states: This Act does not
make an appropriation. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 81st Legislature.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch.
643, Sec. 2
For text of section as added by Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 10, see other Sec. 501.091.
For text of section as added by Acts 2009, 81st Leg., R.S., Ch.