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.