Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 151 - GENERAL PROVISIONS
Section 151.3 - Texas Board of Criminal Justice Operating Procedures
Universal Citation: 37 TX Admin Code ยง 151.3
Current through Reg. 49, No. 12; March 22, 2024
(a) General. This section establishes operating procedures for the Texas Board of Criminal Justice (TBCJ) to conduct business.
(b) Organization.
(1) The TBCJ is a nine member body appointed
by the governor to oversee the Texas Department of Criminal Justice (TDCJ). The
TBCJ chairman is designated by and serves at the request of the governor
pursuant to Texas Government Code §
492.005.
(2) The TBCJ shall elect a vice-chairman and
a secretary each odd-numbered year. The vice-chairman shall preside over
meetings in the chairman's absence, and either the chairman or the secretary
shall execute any necessary documents.
(3) The chairman, on behalf of the TBCJ, is
empowered to appoint members of the TBCJ to be members or chairs of standing or
limited-purpose committees, or to serve as liaisons to the TBCJ on particular
subject areas or divisions within the TDCJ's jurisdiction, or both. The purpose
of a committee, if appointed, is to have certain members become particularly
familiar with various issues and to facilitate discussion and recommend
potential strategies as appropriate.
(4) The TBCJ chairman may appoint non-members
to sit on a committee in an advisory capacity; however, advisory members are
non-voting members and cannot be reimbursed for expenses incurred in this
capacity.
(c) Meetings.
(1) The TBCJ shall attempt to hold a regular
meeting at least every other month of the year, but shall meet at least once
each quarter of the calendar year pursuant to Texas Government Code §
492.006. Special
called meetings can be held at the discretion of the TBCJ chairman.
(2) TBCJ meetings shall be held at a location
in Texas as determined by the TBCJ chairman. If the TBCJ uses video conference
technology to convene a meeting, at least one conference site must be located
in Huntsville or Austin, Texas. To convene a video conference meeting, a quorum
of the TBCJ must be present at one of the video conference sites. The other
members may convene using the technology from remote sites.
(A) During a TBCJ meeting convened as a video
conference meeting, any member shall be considered absent from any portion of
the meeting during which audio or video communication with the member is lost
or disconnected.
(B) The TBCJ may
continue the meeting only if a quorum remains present at the meeting
location.
(3) The agenda
and date for the TBCJ meetings shall be set by the TBCJ chairman in
consultation with the TDCJ executive director.
(4) The agenda for committee meetings shall
be set by the TBCJ chairman in consultation with the committee's chairman and
the TDCJ executive director. If the TBCJ committee uses video conference
technology to convene a meeting, at least one conference site must be located
in Huntsville or Austin. To convene a video conference meeting, a quorum of the
committee must be present at one of the video conference sites. The other
member(s) may convene using the technology from remote sites.
(5) A majority of the TBCJ, or of a committee
of the TBCJ, constitutes a quorum for the convening of and transaction of
business at any meeting. A quorum of a committee with two members consists of
both members.
(6) A quorum of a
committee does not include its advisory member.
(7) Meetings of the TBCJ and its committees
shall be conducted according to standard parliamentary procedures.
(8) TBCJ meetings are governed by the
Texas Open Meetings Act, Texas Government Code §§
551.001
-.146.
(9) The TDCJ executive
director shall ensure members are provided the materials necessary to conduct
the business of the TBCJ and its committees well in advance of the
meetings.
(10) The TDCJ executive
director shall ensure the minutes of each meeting are prepared, retained, and
filed with the Legislative Reference Library, and made available to the public.
The minutes shall state the subject matter of each deliberation and shall
indicate each vote, order, decision, or other action taken by the
TBCJ.
(11) Requests by the public
to make presentations or comments to the TBCJ are governed by 37 Texas
Administrative Code §
151.4,
pursuant to Texas Government Code §§
492.007
and
551.042.
(12) The TBCJ shall approve meeting minutes
for any committees deleted, renamed, or for which their limited-purpose has
concluded.
(13) Prior to each
regularly scheduled meeting, the TBCJ shall offer the opportunity for:
(A) The presiding officer of the Board of
Pardons and Paroles or a designee of the presiding officer to present any item
relating to the operation of the parole system and other matters of mutual
interest determined by the presiding officer to require the TBCJ's
consideration, pursuant to Texas Government Code §
492.006;
(B) The chairman of the Judicial Advisory
Council (JAC) to the Community Justice Assistance Division and the TBCJ to
present any item relating to the operation of the community justice system and
other matters of mutual interest determined by the JAC chairman to require the
TBCJ's consideration, pursuant to Texas Government Code §
492.006;
(C) The TDCJ executive director to present
any item relating to the TDCJ as determined by the executive director or the
TBCJ chairman;
(D) The TBCJ
chairman to present any item relating to the TBCJ or the TDCJ as determined by
the TBCJ chairman in consultation with the TDCJ executive director;
(E) The chairman or designee of the
Correctional Managed Health Care Committee (CMHCC) to present on the CMHCC's
policy decisions, the financial status of the correctional health care system,
and corrective actions taken by or required of the TDCJ or the health care
providers; and
(F) The chairman of
the Advisory Committee on Offenders with Medical or Mental Impairments
(ACOOMMI) or a designee of the ACOOMMI chairman to present any item related to
offenders with medical or mental impairments.
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