CHAPTER 500. MISCELLANEOUS DISCIPLINARY MATTERS
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 500. MISCELLANEOUS DISCIPLINARY MATTERS
Sec. 500.001. SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.
(a) An inmate housed in a facility operated by the department or
under contract with the department may not act in a supervisory
or administrative capacity over another inmate.
(b) An inmate housed in a facility operated by the department or
under contract with the department may not administer
disciplinary action over another inmate.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 499.001 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. 1.065, eff. Sept. 1, 1995.
Sec. 500.002. DESTRUCTION OF PROPERTY. (a) An inmate housed in
a facility operated by the department or under contract with the
department is liable for the inmate's intentional damage to
property belonging to the state. If more than one inmate is
involved in damage to property, each inmate involved in the
damage is jointly and severally liable.
(b) The department shall establish a hearing procedure, giving
consideration to the due process rights of inmates, for the
adjudication of claims for property damage under this section.
Damages may be awarded to the department only after a hearing and
may not exceed the value of the property damaged.
(c) If at a hearing it is determined that an inmate is liable
for property damage, the department may seize the contents of
inmate trust funds established for the inmate under Section
501.014.
(d) An inmate, after exhausting all administrative remedies
provided by the grievance system developed under Section 501.008,
may appeal a final decision under this section by filing a
petition for judicial review in a district court having
jurisdiction in the county in which the alleged damages occurred.
On judicial review, the district court shall follow the rules
governing judicial review of contested cases under Subchapter G,
Chapter 2001. Appeals may be taken from the district court as in
other civil cases.
(e) If an inmate fails to file a petition seeking judicial
review of an adverse decision within 30 days after exhausting all
administrative remedies, a district court may not review the
final decision.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 499.002 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 76, Sec. 5.95(54), eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 321, Sec. 1.066, eff. Sept. 1, 1995.
Sec. 500.003. GAMBLING PROHIBITED. Gambling is not permitted at
any place in a facility operated by or under contract with the
department where inmates are housed or worked. An employee of the
department who engages in gambling or knowingly permits gambling
at any place where inmates are housed or worked is subject to
immediate dismissal.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 499.003 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. 1.067, eff. Sept. 1, 1995.
Sec. 500.004. PARTICIPATION IN TREATMENT PROGRAM. An inmate
required by law or department policy to participate in a
treatment program shall participate in the program.
Added by Acts 2001, 77th Leg., ch. 403, Sec. 1, eff. Sept. 1,
2001.
Sec. 500.005. REWARDS ON ESCAPE. The director of the
institutional division, in compliance with board policy, may
offer a reward for the apprehension of an escaped inmate. The
director may determine the amount of the reward and the manner in
which the reward is to be paid.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 499.005 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. 1.068, eff. Sept. 1, 1995.
Sec. 500.006. TRANSPORTATION OF INMATES. (a) The department
shall establish policies to provide for the safe transfer of
inmates. A sheriff may transport inmates to the institutional
division if the sheriff is able to perform the service as
economically as if the service were performed by the division.
The institutional division is responsible for the cost of
transportation of inmates to the division.
(b) An inmate may not be transported directly from a county jail
to an institutional division facility other than a designated
diagnostic unit or a transfer facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 499.006 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. 1.069, eff. Sept. 1, 1995.
Sec. 500.007. TESTING FOR CONTROLLED SUBSTANCES. (a) The
department after consultation with the Criminal Justice Policy
Council shall implement a program to randomly test, for the
purpose of determining the presence of controlled substances, the
breath, blood, or other bodily substances of inmates housed in
facilities operated by or under contract with the department.
(b) The department annually shall test not less than five
percent of the inmates housed in facilities operated by or under
contract with the department.
(c) The department shall use the most cost-effective means
possible to perform the tests required by this section, and shall
actively seek grants from the federal government or other sources
to expand the program created under this section.
(d) If the department performs a test described by Subsection
(a) and determines the presence of a controlled substance in an
inmate, the department may in return for the cooperation of the
inmate in identifying the individual who delivered the controlled
substance to the inmate defer or dismiss punitive actions,
including criminal prosecution, forfeiture of good conduct time
or reduction in good conduct time earning status, or forfeiture
of privileges, that the department could otherwise take against
the inmate.
Added by Acts 1997, 75th Leg., ch. 1351, Sec. 1, eff. Sept. 1,
1997.
Sec. 500.008. DETECTION AND MONITORING OF CELLULAR TELEPHONES.
(a) The department may own and the office of inspector general
may possess, install, operate, or monitor an electronic,
mechanical, or other device, as defined by Article 18.20, Code of
Criminal Procedure.
(b) The inspector general shall designate in writing the
commissioned officers of the office of inspector general who are
authorized to possess, install, operate, and monitor electronic,
mechanical, or other devices for the department.
(c) An investigative or law enforcement officer or other person,
on request of the office of inspector general, may assist the
office in the operation and monitoring of an interception of
wire, oral, or electronic communications if the investigative or
law enforcement officer or other person:
(1) is designated by the executive director for that purpose;
and
(2) acts in the presence and under the direction of a
commissioned officer of the inspector general.
Added by Acts 2009, 81st Leg., R.S., Ch.
1169, Sec. 7, eff. September 1, 2009.