Texas Register, Volume 21, Number 7, Pages 557-634, January 23, 1996 Page: 579
557-634 p. ; 28 cm.View a full description of this periodical.
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(1) An exempt employee may carry a firearm in his
vehicle for purposes of responding to emergency situations involv-
ing inmates or confinees, or on his person in the event of an actual
emergency situation.
(2) State-owned housing, other than Bachelor Officers'
Quarters, is excepted from this rule, only to the extent that weapons
are secured under lock and key within the house.
(3) A person who is authorized by law, other than Article
4413(29ee), Revised Statutes, to carry a firearm, is excepted from
this rule, including a security officer who has a defense to prosecu-
tion for Unlawful Carrying Weapons, 46.02, Penal Code.
(4) The written consent of the executive director or his
designee to an individual is effective to create an exception from this
rule.
(d) Duties of the Executive Director.
(1) The executive director shall ensure that agency poli-
cies are consistent with this rule. Policies adopted to ensure the
safety and security of correctional facilities may be more restrictive
than this rule and may encompass weapons not covered by this rule.
(2) The executive director shall ensure that signs are
posted in English and Spanish to provide adequate notice of subsec-
tion (a)(1) and, where applicable, subsection (a)(2) of this section,
stating: "IT IS A CRIME (MISDEMEANOR) FOR A PERSON TO
ENTER OR REMAIN ON PROPERTY OF THE TEXAS DE-
PARTMENT OF CRIMINAL JUSTICE WITH A DEADLY
WEAPON, INCLUDING A DEADLY WEAPON ANYWHERE IN
A VEHICLE." "IT IS A CRIME (FELONY) FOR A HANDGUN
LICENSE HOLDER TO CARRY A HANDGUN ON THE PRE-
MISES OF A CORRECTIONAL FACILITY."
This agency hereby certifies that the proposal has been reviewed by
p legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 12, 1996.
TRD-9600486 Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: February 23, 1996
For further information, please call: (512) 463-9693
Chapter 155. Reports and Information Gathering
Subchapter B. Site Selection and Facility
Names
" 37 TAC 155.21
The Texas Department of Criminal Justice (TDCJ) proposes new
155.21, concerning naming of TDCJ units and facilities.
David P. McNutt, Assistant Director for Budget and Management has
determined that for the first five-year period the section is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section.
Mr. McNutt also has determined that for each year of the first five years
the new rule as proposed is in effect the public benefit anticipated as a
result of enforcing the new rule will be clear guidance for a community
interested in influencing the name of a facility in the community.
There will be no effect on small businesses. There is no anticipated
economic cost to persons required to comply with the rule as proposed.
Comments should be directed to Carl Reynolds, General Counsel,
Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas
S 78711. Written comments from the general public should be received
within 30 days of the publication of this proposal.
The new section is proposed under the Government Code, 492.013,which grants general rulemaking authority to the Board.
Cross Reference to Statute: Government Code, 492.013.
155.21. Naming of TDCJ Units and Facilities.
(a) Purpose. The purpose of this section is to establish
procedures for the naming of units and facilities of the TDCJ.
(b) Policy. It is the policy of the Board to name units and
facilities of the TDCJ based upon geographical location, function,
and in recognition of persons who have contributed to the process of
criminal justice in the State of Texas. Generally, the Board will
name facilities for persons whose careers or actions were important
to, and well known in, the locality of the unit/facility. However, the
Board specifically reserves the right to choose a name other than any
proposals submitted from the locality of the unit/facility.
(c) Procedures.
(1) Proposals for the naming of TDCJ units and facilities
shall be thoroughly researched and coordinated as follows.
(A) All proposals for the naming of TDCJ units and
facilities must include the following information to be considered:
(i) location of the unit/facility to be named;
(ii) proposed name for the unit/facility;
(iii) biographical sketch of the person;
(iv) synopsis of the reasons, achievements, inci-
dents and other justification forming the basis for the recommenda-
tion; and
(v) approval from the individual or, if the individ-
ual is deceased, the individual's next-of-kin.
(B) TDCJ staff will maintain a file on all requests and
when necessary conduct a preliminary review of appropriate sources
to determine the merit of each proposal. Staff shall also compile a
packet of proposals for review by the Board, or a designated
committee or liaison of the Board.
(2) The Board will review the proposals submitted by
staff and will select a name for the unit/facility being considered by
a majority vote. Receiving public testimony on name selection shall
be at the discretion of the Chairman.
This agency hereby certifies that the proposal has been reviewed by
legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 12, 1996.
TRD-9600487 Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: February 23, 1996
For further information, please call: (512) 463-9693
Chapter 163. Community Justice Assistance
Division Standards
* 37 TAC 163.43
The Texas Board of Criminal Justice proposes an amendment to
163.43, Funding and Financial Management, concerning the eligibility
of community supervision and corrections departments (CSCDs) for
discretionary grant funds under Government Code, 509.011(b). The
effect of the proposed amendment is to require the judges who manage
CSCDs to hold open meetings when planning for or deliberating the
expenditure of any state aid from the Department of Criminal Justice.
David P. McNutt, assistant director for budget and management ser-vices of the Department of Criminal Justice, has determined that there
SPROPOSED RULES January 23, 1996 21 TexReg 579
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Texas. Secretary of State. Texas Register, Volume 21, Number 7, Pages 557-634, January 23, 1996, periodical, January 23, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182018/m1/23/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.