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.