Current through Reg. 49, No. 12; March 22, 2024
(a) General Administration.
(1) Purpose. Community residential facilities
(CRF) that are operated through a contract with the Texas Department of
Criminal Justice (TDCJ or Agency) are to provide housing, training, education,
rehabilitation and reformation of persons released to parole and mandatory
supervision, or whose supervision has been continued or modified. Contractors
shall comply with this rule and all contract requirements. This rule does not
apply to transitional treatment centers.
(2) Mission Statement. The facility director
shall prepare and maintain a mission statement that describes the general
purposes and overall goals of the facility's programs.
(b) Building, Safety, Sanitation and Health
Codes.
(1) Compliance. The facility director
shall ensure that the facility's construction, maintenance and operations
complies with all applicable state, federal and local laws, building codes and
regulations related to safety, sanitation and health. Records of compliance
inspections, audits or written reports by internal and external sources shall
be kept on file for examination and review by the TDCJ and other governmental
agencies and authorities from program inception forward.
(2) Sanitation. The facility director shall
operate the facility in accordance with the sanitation plan described in the
Operational Plan.
(3) Physical
Plant. The facility's buildings, including the improvements, fixtures, electric
and heating and air conditioning, shall conform to all applicable building
codes of federal, state and local laws, ordinances and regulations for physical
plants and facilities housing residents.
(4) Fires. The facility, its furnishings,
fire protection equipment and alarm system shall comply with the regulations of
the fire authority having jurisdiction. Fire drills shall be conducted at least
monthly. There shall be a written evacuation plan to be used in the event of a
fire. The plan is to be certified by an independent qualified governmental
agency or department or individual trained in the application of national and
state fire safety codes. Such plan shall be reviewed annually, updated if
necessary, and reissued to the local fire jurisdiction. Fire safety equipment
located at the facility shall be tested as specified by the manufacturer or the
fire authority, whichever is more frequent. An annual inspection of the
facility shall be conducted by the fire authority having jurisdiction or other
qualified person(s).
(5) Emergency
Plan. There shall be a written emergency plan for the facility and its
operations, which includes an evacuation plan, to be used in the event of a
major flood, storm or other emergencies. This plan shall be reviewed annually
and updated, if necessary. All facility personnel shall be trained in the
implementation of the written emergency plan. The emergency plan shall include
the following:
(A) Location of buildings/room
floor plan;
(B) Use of exit signs
and directional arrows that are easily seen and read; and
(C) Location(s) of publicly posted
plan.
(c)
Program and Service Areas.
(1) Space and
Furnishings. The facility shall have space and furnishings to accommodate
activities such as group meetings, private counseling, classroom activities,
visitation, recreation and office space for the TDCJ staff.
(2) Housekeeping and Maintenance. The
facility director shall ensure the facility is clean and in good repair, and a
housekeeping and maintenance plan is in effect.
(3) Other Physical Environment and Facilities
Issues. In each facility:
(A) Space shall be
provided for janitor closets which are equipped with cleaning implements and
kept locked at all times when not in use;
(B) There shall be storage areas in the
facility for clothing, bedding and cleaning supplies;
(C) There shall be clean, usable bedding,
linens and towels for new residents with provision for exchange or laundering
on at least a weekly basis; and
(D)
On an emergency or indigent basis, the facility shall provide personal hygiene
articles.
(E) There shall be
adequate control of vermin and pests;
(F) There shall be timely trash and garbage
removal; and
(G) Sanitation and
safety inspections of all internal and external areas and equipment shall be
performed and documented on a routine basis to protect the health and safety of
all residents, staff and visitors.
(d) Supervision.
(1) Operations Manual. An operations manual
shall be prepared for and used by each CRF which shall contain information and
specify procedures and policies for resident census, contraband, supervision,
physical plant inspection and emergency procedures, including detailed
implementation instructions. The operations manual shall be accessible to all
employees and volunteers. The operations manual shall be submitted to the TDCJ
Private Facility Contract Monitoring/Oversight Division (PFCMOD) for review and
approval. The facility director shall ensure that the operations manual is
reviewed at least every two (2) years, and new or revised policies and
procedures are submitted to the PFCMOD for review and approval. The operations
manual shall be made available, including all changes, to designated staff and
volunteers prior to implementation.
(2) Staffing Availability. The facility
director shall ensure that the facility has the staff needed to provide
coverage of designated security posts, surveillance of residents and to perform
ancillary functions. Each contract shall have a staffing plan approved by the
TDCJ prior to offender arrival.
(3)
Activity Log. The facility director shall ensure that CRF staff maintain an
activity log and prepare shift reports that record, at minimum, emergency
situations, unusual situations and incidents and all absences of residents from
a facility.
(4) Use of Force. The
facility director shall ensure that a CRF has written policies, procedures and
practices that restrict the use of physical force to instances of
self-protection, protection of residents or others or prevention of property
damage. In no event shall the use of physical force against a resident be
justifiable as punishment. A written report shall be prepared following all
uses of force, and promptly submitted to the PFCMOD and facility director for
review and follow-up. The application of restraining devices, aerosol sprays,
chemical agents, etc. shall only be accomplished by an individual who is
properly trained in the use of such devices and only in an emergency situation
for self-protection, protection of others or other circumstances as described
previously.
(5) Access to Facility.
The facility shall be secured to prevent unrestricted access by the general
public or others without proper authorization.
(6) Control of Contraband/Searches. All
facilities shall incorporate into the facility operations manual a list of
authorized items offenders are allowed to possess while a resident of the
facility. All incoming residents shall receive a copy of this list during the
intake/orientation process, along with a written explanation of the provisions
of Texas Penal Code, §
38.114,
which states that any resident found to possess any item not provided by, or
authorized by the facility director, or any item authorized or provided by the
facility that has been altered to accommodate a use other than the originally
intended use, may be charged with a Class C misdemeanor. Any employee or
volunteer who provides contraband to a resident of a CRF may be charged with a
Class B misdemeanor. There shall also be policies defining facility shakedowns,
strip searches and pat searches of residents to control contraband and provide
for its disposal.
(7) Levels of
Security. The facility director shall ensure that appropriate levels of
security are maintained for the population served by the facility at all times.
These levels of security shall create, at minimum, a monitored and structured
environment in which a resident's interior and exterior movements and
activities can be supervised by specific destination and time.
(8) Exterior Movements. At the discretion of
the facility director or designee in conjunction with the Parole Division
Regional Director or designee, residents of a CRF may be granted exterior
movements. Exterior movements include, but are not limited to employment
programs, community service restitution, support/treatment programs and
programmatic incentives. The following minimum requirements shall be met for
all exterior movements:
(A) The facility
director or designee in conjunction with the Parole Division Regional Director
or designee approves the exterior movement;
(B) A staff member orally advises the
resident of the conditions and limitations of the exterior movement;
(C) The resident acknowledges in writing an
understanding of the conditions and limitations of the exterior movement;
and
(D) Exterior movements
involving programmatic incentives may only be granted if the following
additional requirements are met:
(i) The
resident meets all established requirements for the programmatic incentive, as
determined by the supervisor of the program, and submits a written request for
the exterior movement;
(ii) The
requested absence shall not exceed 24 hours unless there are unusual
circumstances;
(iii) The resident
provides an itinerary for the absence including method of travel, departure and
arrival times and locations during the exterior movement;
(iv) The facility director or designee in
conjunction with the Parole Division Regional Director or designee approves the
itinerary and establishes the conditions of the exterior movement involving
programmatic incentives; and
(v) A
staff member shall make random announced or unannounced personal or telephone
contacts with the resident to verify the location of the resident during the
exterior movement.
(9) Emergency Furloughs. At the discretion of
the Parole Division Regional Director or designee, a resident may be granted an
emergency furlough for the purpose of allowing a resident to attend a funeral,
visit a seriously ill person, obtain medical treatment or attend to other
exceptional business. Emergency furloughs may only be granted if the following
conditions are met:
(A) The resident submits
a written request for the emergency furlough;
(B) The facility director or designee
verifies through an independent source including, but not limited to a
physician, Red Cross representative, minister, rabbi, priest or other spiritual
leader that the presence of the resident is appropriate;
(C) The resident provides a proposed
itinerary including method of travel, departure and arrival times and locations
during the emergency furlough;
(D)
The requested absence shall not exceed 24 hours unless there are unusual
circumstances; and
(E) The Parole
Division Regional Director or designee approves the itinerary and establishes
the conditions of the emergency furlough.
(10) The CRF shall ensure that Spanish
language assistance and the translation of selected documents are provided for
Spanish-speaking residents who cannot speak or read English.
(e) Resident Abuse, Neglect and
Exploitation. The facility shall protect the residents from abuse, neglect and
exploitation. In accordance with the Prison Rape Elimination Act of 2003
(Public Law
108-79), all CRFs shall establish a zero tolerance
standard for the incidence of sexual assault. Each facility shall make
prevention of offender sexual assault a top priority. The CRFs shall have
policies and procedures in accordance with any national standards published by
the Attorney General of the United States. These policies and procedures shall
include, but not be limited to the following:
(1) Detection, prevention, reduction and
punishment of offender sexual assault;
(2) Standardized definitions to record
accurate data regarding the incidence of offender sexual assault;
(3) A disciplinary process for facility staff
who fail to take appropriate action to detect, prevent and reduce sexual
assaults, to punish residents guilty of sexual assault and to protect the
Eighth Amendment rights of all facility residents; and
(4) Notification to the TDCJ in accordance
with AD-16.20, "Reporting Incidents to the Office of the Inspector General" and
AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures
for Serious or Unusual Incidents."
(f) Rules and Discipline. There shall be
documentation of program rule violations and the disciplinary process.
(1) Rules of Conduct. All incoming residents
and staff shall receive written rules of conduct which specify acts prohibited
within the facility and penalties that can be imposed for various degrees of
violation.
(2) Limitations of
Corrective Actions. Specific limits on corrective actions and summary
punishment shall be established and strictly adhered to in an effort to reduce
the potential of staff participating in abusive behavior towards residents.
Limits shall include:
(A) Notwithstanding the
provisions in subsection (d)(4) of this rule, no physical contact by staff
shall be made on a resident;
(B) No
profanity, sexual or racial comments shall be directed at residents by
staff;
(C) Residents shall not be
used to impose corrective actions on other residents;
(D) The severity of the corrective action
shall be commensurate with the severity of the infraction; and
(E) The duration of corrective action shall
be limited to the minimum time necessary to achieve effectiveness.
(3) Grievance Procedure. A
grievance procedure shall be available to all residents in a CRF. The grievance
procedure shall include at least one (1) level of appeal and shall be evaluated
at least annually to determine its efficiency and effectiveness.
(4) Spanish translations of the disciplinary
rules and procedures shall be provided for Spanish-speaking residents who
cannot speak or read English.
(g) Incident Notification. The facility
director or designee shall notify the TDCJ of all serious or unusual events
pertaining to the facility's operations and staff in accordance with directives
and/or policies issued by the TDCJ.
(h) Residents' Rights. Residents shall be
granted access to courts and any attorney licensed in the United States or a
legal aid society (an organization providing legal services to residents or
other persons) contacting the resident in order to provide legal services. Such
contacts include, but are not limited to: confidential telephone
communications, uncensored correspondence and confidential visits.
(i) Food Service. The food preparation and
designated dining area shall provide space for meal service based on the
population size and need.
(1) Dietary
Allowances. Meals shall be approved and reviewed annually by a registered
dietician, licensed nutritionist, registered nurse with a minimum of a Bachelor
of Science degree in nursing, physician assistant, or physician to ensure that
the meals meet the nationally recommended allowances for basic
nutrition.
(2) Special Diets. Each
facility shall provide special diets as prescribed by appropriate medical or
dental personnel.
(3) Food Service
Management. Food service operations shall meet all requirements established by
the local health authorities and/or the TDCJ policies.
(4) Meal Requirements. The facility director
shall ensure that at least three (3) meals are provided during each 24-hour
period. Variations may be allowed based on weekend and holiday food service
demands, or in the event of emergency or security situations, provided basic
nutritional goals are met.
(j) Health Care.
(1) Access to Care.
(A) Residents shall have unimpeded access to
health care and to a system for processing complaints regarding health
care.
(B) The facility shall have a
designated health authority with responsibility for health care pursuant to a
written agreement, contract or job description. The health authority may be a
physician, health administrator or health agency. In the event that the
designated health authority is a free community health clinic (one which
provides services to everyone in the community regardless of ability to pay),
then the CRF is not required to enter into a written contract or agreement. A
copy of the mission statement of the free community health clinic and a copy of
the criteria for admission shall be on file in lieu of a contract between the
two (2) agencies.
(C) Each CRF
shall have a policy defining the level, if any, of financial responsibility to
be incurred by the resident who receives the medical or dental
services.
(2) Emergency
Health Care.
(A) Twenty-four hour emergency
health care shall be provided for residents, to include arrangements for the
following:
(i) On site emergency first aid
and crisis intervention;
(ii)
Emergency evacuation of the resident from the facility;
(iii) Use of an emergency vehicle;
(iv) Use of one (1) or more designated
hospital emergency rooms or other appropriate health facilities;
(v) Emergency on-call services from a
physician, advanced practice nurse or physician assistant, a dentist and a
mental health professional when the emergency health facility is not located in
a nearby community; and
(vi)
Security procedures providing for the immediate transfer of residents, when
appropriate.
(B) A
training program for direct care personnel shall be established by a recognized
health authority in cooperation with the facility director that includes the
following:
(i) Signs, symptoms and action
required in potential emergency situations;
(ii) Administration of first aid and
cardiopulmonary resuscitation (CPR);
(iii) Methods of obtaining
assistance;
(iv) Signs and symptoms
of mental illness, retardation and chemical dependency; and
(v) Procedures for patient transfers to
appropriate medical facilities or health-care providers.
(C) First aid kits shall be available in
designated areas of the facility. Contents and locations shall be approved by
the health authority.
(3) Serious and Infectious Diseases.
(A) The facility shall provide for the
management of serious and infectious diseases.
(B) The CRFs shall have policies and
procedures to direct actions to be taken by employees concerning residents who
have been diagnosed with human immunodeficiency virus (HIV), including, at
minimum, the following:
(i) When and where
residents shall be tested;
(ii)
Appropriate safeguards for staff and residents;
(iii) Staff and resident training;
(iv) Issues of confidentiality; and
(v) Counseling and support
services.
(4)
Dental Care. Access to dental care shall be made available to each
resident.
(5) Medications--General
Guidelines.
(A) Staff who dispense medication
shall be properly credentialed and trained. Staff that supervise
self-administration of medication shall be appropriately trained to perform the
task.
(B) Policy and procedure
shall direct the possession and use of controlled substances, prescribed
medications, supplies and over-the-counter (OTC) drugs. Prescribed medications
shall be dispensed according to the directions of the prescribing physician,
advanced practice nurse or physician assistant.
(C) Each residential facility shall have a
written policy in place that sets forth required procedural guidelines for the
administration, documentation, storage, management, accountability of all
resident medication, inventory, disposal of medications, handling medication
errors and adverse reactions.
(D)
If medications are distributed by facility staff, records shall be maintained
and audited monthly and shall include, but not be limited to the date, time,
name of the resident receiving the medication and the name of the staff
distributing the medication.
(E)
Each facility shall ensure that the phone number of a pharmacy and a
comprehensive drug reference source is readily available to the
staff.
(6) Medication
Storage.
(A) Prescription and OTC medications
shall be kept in locked storage and accessible only to staff who are authorized
to provide medication. Syringes, needles and other medical supplies shall also
be kept in locked storage.
(B) All
controlled/scheduled drugs shall be stored under double lock and key.
(C) Each facility shall ensure that all
medications, syringes and needles are stored in the original
container.
(D) Medications labeled
as internal and external only shall not be stored together in the same
medication box or medication drawer.
(E) Sample prescription medications provided
by physicians shall be stored with proper labeling information that includes
the name of the medication; name of the prescribing physician, advanced
practice nurse or physician assistant; date prescribed; and dosage
instructions.
(F) Medications that
require refrigeration shall be stored in a refrigerator designated for
medications only. A thermometer shall be maintained inside the refrigerator
with the temperature checked and recorded daily on a temperature log.
(G) Medications that are discontinued, have
expired dates or are no longer in use shall be stored in a separate locked
container or drawer until destroyed.
(H) Facilities that allow residents to keep
medications in the resident's possession shall have written guidelines specific
for keep-on-person (KOP) medications. Staff shall ensure that authorized
residents keep medication on their person or safely stored and inaccessible to
other residents.
(7)
Medication Inventory and Disposal.
(A)
Facility staff shall conduct an inventory count of all controlled/scheduled
prescription medications daily (at a minimum, once per 24-hour period). The
count shall be conducted and witnessed by one (1) other staff member.
Documentation of inventory counts shall be maintained for a minimum period of
three (3) years.
(B) The facility
shall conduct a monthly inventory of all prescription and OTC drugs provided to
or purchased by the resident. The monthly audit shall be conducted by a staff
person who is not responsible for conducting the daily inventory
counts.
(C) A monthly audit shall
be conducted of all medication administration records to verify the accuracy of
recorded information. The monthly audit of medication administration records
shall be conducted by a staff person who is not responsible for the
documentation of medication administration records.
(D) When a discrepancy is noted between the
medication administration record and the monthly inventory count, documentation
explaining the reason for the discrepancy and action taken to correct it shall
be recorded. In the event an inventory count reveals unaccounted for
controlled/scheduled medication, an investigation shall be conducted and a
summary report written detailing the steps taken to resolve the matter. Until
the discrepancy is resolved, an inventory count shall be conducted three (3)
times daily (after each shift). The summary report shall be maintained for a
minimum period of three (3) years. If misapplication, misuse or
misappropriation of controlled/scheduled medication leads to an investigation
by law enforcement, such information shall be reported pursuant to subsection
(g) of this rule.
(E) Discontinued
and outdated medications shall be removed from the current medication storage,
stored in a separate locked container and disposed of within 30 days. The drugs
designated for disposal shall be recorded on a drug disposal form.
(F) Methods used for drug disposal shall
prevent medication from being retrieved, salvaged or used in any way. The
disposal of drugs shall be conducted, documented and the process witnessed by
one (1) other staff member. The documentation shall include:
(i) Name of the resident and date of
disposal;
(ii) Name and strength of
the medication;
(iii) Prescription
number, sample or OTC lot numbers;
(iv) Amount disposed, reason for disposal and
the method of disposal; and
(v)
Signatures of the two (2) staff members that witnessed the disposal.
(8) Administration of
Medication for Non-Medical Model Facilities.
(A) Prescription medications shall be
dispensed only by licensed nurses or other staff who are trained and have the
appropriate documented medication certification to dispense medications while
under the supervision of a physician or registered nurse. Facilities that do
not have licensed nurses or other credentialed staff to dispense medications
(non-medical model facilities) shall implement the practice of
self-administration of medications.
(B) If medications are dispensed through the
practice of self-administration in a non-medical model program, staff trained
by a qualified health professional to supervise residents in the
self-administration of medications shall monitor the residents during the
self-administration process.
(C)
Each dose of prescription medication received by the resident shall be
documented on the prescription medication administration record and maintained
in the resident's medical file. The prescription medication record shall
include:
(i) Name of the resident receiving
the medication;
(ii) Drug allergies
or the absence of known drug allergies;
(iii) Name, strength of medication and route
of administration;
(iv)
Instructions for taking the medication, the amount taken and the route of
administration;
(v) Date and time
the medication was provided;
(vi)
Prescription number (or lot number for sample drugs) and the initial amount of
medication received;
(vii)
Prescribing physician, advanced practice nurse or physician assistant and the
name of the pharmacy;
(viii)
Signature of the resident receiving the medication and the staff person
supervising the self-administration of medication;
(ix) The remaining amount of medication after
each dose dispensed; and
(x)
Comment section for recording a variance, discrepancy or change.
(D) Each dose of OTC medication
received by the resident shall be documented on the OTC medication
administration record and maintained in the resident's medical file. The OTC
drugs purchased by the resident or supplied for the resident in quantities
larger than single dose packages shall be recorded on the OTC drug record. The
OTC drug record shall include:
(i) The
resident's name;
(ii) The name and
strength of the medication dispensed;
(iii) Drug allergies or the absence of known
drug allergies;
(iv) The dosage
instructions and route of administration;
(v) The initial amount received, OTC lot
number and the expiration date;
(vi) The date and time the medication was
dispensed;
(vii) The amount
dispensed and the ending count after each dose;
(viii) Comment section for recording reason
for OTC drug or other notations; and
(ix) The signature of the resident and the
employee who supervised each dose dispensed.
(E) Facility Stock OTC Drugs. Multiple OTC
stock drugs supplied in single dose packaging may be recorded on the same form.
The medication drug record for facility stock OTC drugs shall include:
(i) The resident's name;
(ii) The name, strength and route of
administration;
(iii) Drug
allergies or the absence of known drug allergies;
(iv) The date, time, amount dispensed and the
lot number on the container;
(v)
Comment section to record the reason the OTC drug was requested; and
(vi) The signature of the resident and the
employee who supervised each dose dispensed.
(9) Training for Monitoring
Self-Administration of Medications. All residential employees responsible for
supervising residents in self-administration of medication, who are not
credentialed to dispense medication, shall complete required training before
performing this task.
(A) The initial
training for new employees shall be four (4) hours in length.
(B) Employees shall complete a minimum of two
(2) hours of review training annually thereafter.
(C) The training shall be provided by a
physician, pharmacist, physician assistant or registered nurse before
supervising self-administration of medications. A licensed vocational nurse
(LVN) or paramedic (under supervision) may teach the course from an established
curriculum. Topics to be covered shall include:
(i) Prescription labels;
(ii) Medical abbreviations;
(iii) Routes of administration;
(iv) Use of drug reference
materials;
(v) Monitoring/observing
insulin preparation and administration;
(vi) Storage, maintenance, handling and
destruction of medication;
(vii)
Transferring information from prescription labels to the medication
administration record and documentation requirements, including sample
medications; and
(viii) Procedures
for medication errors, adverse reactions and side effects.
(10) Female Residents. If female
residents are housed, access to pregnancy management services shall be
available.
(11) Mental Health.
Access to mental health services shall be available to residents.
(12) Suicide Prevention. Each facility shall
have a written suicide prevention and intervention program reviewed and
approved by a qualified medical or mental health professional. All staff with
resident supervision responsibilities shall be trained in the implementation of
the suicide prevention program.
(13) Personnel.
(A) If treatment is provided to residents by
health-care personnel other than a physician, psychiatrist, dentist,
psychologist, optometrist, podiatrist or other independent provider, such
treatment shall be performed pursuant to written standing or direct orders by
personnel authorized by law to give such orders.
(B) If the facility provides medical
treatment, personnel who provide health-care services to residents shall be
qualified and appropriately licensed. Verification of current credentials and
job descriptions shall be on file in the facility. Appropriate state and
federal licensure, certification or registration requirements and restrictions
apply.
(14) Informed
Consent. If the facility provides medical treatment, the facility shall ensure
residents are provided information to make medical decisions with informed
consent. All informed consent standards in the jurisdiction shall be observed
and documented for resident care.
(15) Participation in Research. Residents
shall not participate in medical, pharmaceutical or cosmetic experiments. This
does not preclude individual treatment of a resident based on resident's need
for a specific medical procedure that is not generally available.
(16) Notification. Individuals designated by
the resident shall be notified in case of serious illness, injury or
death.
(17) Health Records.
(A) If medical treatment is provided by the
facility, accurate health records for residents shall be maintained separately
and confidentially.
(B) If medical
treatment is provided by the facility, the method of recording entries in the
records, the form and format of the records, and the procedures for maintenance
and safekeeping shall be approved by the health authority.
(C) If medical treatment is provided by the
facility for a resident being transferred to another facility, summaries or
copies of the medical history record shall be forwarded to the receiving
facility prior to or at arrival.
(k) Discharge From CRFs. Discharge from CRFs
shall be based on the following criteria:
(1)
The resident has made alternative housing arrangements as approved by the
supervising parole officer;
(2) The
resident has satisfied a period of placement as a condition of parole or
mandatory supervision;
(3) The
resident has demonstrated non-compliance with program criteria or Board order;
or
(4) The resident manifests an
emergency medical or mental problem that requires hospitalization.
(l) Mail, Telephone and
Visitation. The facility director shall have written policies which govern the
facility's mail, telephone and visitation privileges for residents, including
mail inspection, public phone use and routine and special visits. The policies
shall address compelling circumstances in which a resident's mail both incoming
and outgoing may be opened, but not read, to inspect for contraband.
(m) Religious Programs.
(1) The facility director shall have written
policies that govern religious programs for residents. The policies shall
provide that residents have the opportunity to voluntarily practice the
requirements of a resident's religious faith, have access to worship/religious
services and the use or contact with community religious resources, when
appropriate.
(2) Under Texas Civil
Practice & Remedies Code, Chapter 110, a CRF may not substantially burden a
resident's free exercise of religion unless the application of the burden is in
furtherance of a compelling governmental interest and is the least restrictive
means of furthering that interest. There is a presumption that a policy or
practice that applies to a resident in the custody of a CRF is in furtherance
of a compelling governmental interest and is the least restrictive means of
furthering that interest. The presumption may be rebutted with evidence
provided by the resident.