Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,092
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mation obtained from external and internal sources for each site. Staff
recommendations may include, and the TBCJ [board] may select, a
site other than one contained in the submitted proposals if the site is on
state-owned land.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on December 12,
2016.
TRD-201606501
Sharon Howell
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 22, 2017
For further information, please call: (936) 437-6700
CHAPTER 163. COMMUNITY JUSTICE
ASSISTANCE DIVISION STANDARDS
37 TAC 163.21
The Texas Board of Criminal Justice proposes amendments to
163.21, concerning Administration. The amendments are pro-
posed in conjunction with a proposed rule review of 163.21 as
published in other sections of the Texas Register. The proposed
amendments are necessary to update formatting.
Jerry McGinty, Chief Financial Officer for the Texas Department
of Criminal Justice, has determined that for each year of the first
five years the rule will be in effect, enforcing or administering
the rule will not have foreseeable implications related to costs or
revenues for state or local government.
Mr. McGinty has also determined that for each year of the first
five year period, there will not be an economic impact on persons
required to comply with the rule. There will not be an adverse
economic impact on small or micro businesses. Therefore, no
regulatory flexibility analysis is required. The anticipated public
benefit, as a result of enforcing the rule, will be to update the
existing rule.
Comments should be directed to Sharon Felfe Howell, General
Counsel, Texas Department of Criminal Justice, P.O. Box 4004,
Huntsville, Texas 77342, Sharon. Howell@tdcj.texas.gov. Writ-
ten comments from the general public must be received within
30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code
492.013, 509.003.
Cross Reference to Statutes: None.
163.21. Administration.
(a) Appointment and Responsibilities of a Community Super-
vision and Corrections Department (CSCD [or department]) Director.
(1) When there is a vacancy in the position of CSCD di-
rector, the judge or judges as described by Texas Government Code
76.002 shall:
(A) Publicly advertise the position;
(B) Post a job description, the qualifications for the po-
sition, and the application requirements;(C) Conduct a competitive hiring process and adhere to
state and federal equal employment opportunity laws; and
(D) Review applicants who meet the posted qualifica-
tions and comply with the application requirements.
(2) The judge or judges as described by Texas Government
Code 76.002 shall appoint a CSCD director who shall meet, at a min-
imum, the eligibility requirements for community supervision officers
(CSOs) established under Texas Government Code 76.005 and 37
Texas Administrative Code 163.33 [(relating to C-Ss)].
(3) The CSCD director shall employ a sufficient number
of officers and other employees to conduct presentence [pre-sentenee]
investigations, supervise and rehabilitate defendants placed on com-
munity supervision, enforce the conditions of community supervision,
and staff community corrections facilities. A person employed under
this subsection is an employee of the CSCD [department] and not of
the judges or judicial districts.
(4) The Texas Department of Criminal Justice Community
Justice Assistance Division (TDCJ CJAD [TDC-J-CJAD]) director
shall be notified by the administrative judge of the appointment of a
CSCD director.
(5) The CSCD director shall perform or delegate the re-
sponsibility for performing the following duties:
(A) Overseeing the daily operations of the CSCD
[department];
(B) Preparing, annually or biennially, a budget for the
CSCD [depamcnt];
(C) Negotiating and entering into contracts on behalf of
the CSCD [depamcnt];
(D) Establishing policies and procedures for all func-
tions of the CSCD department] ;
(E) Developing personnel policies and procedures, in-
cluding disciplinary proceedings; and
(F) Establishing procedures and practices through
which the CSCD [deparment] will address an employment-related
grievance.
(b) Administrative Manual. The CSCD director shall [be re-
sponsible for] develop, update, revise, and maintain [de woping up-
dating, revising and maintaining] an administrative manual that defines
the CSCD's general purposes and functional objectives. The CSCD di-
rector shall ensure the administrative manual is available to all staff
members and provide the TDCJ CJAD [TDC-J-CJAD] director with
a copy of the CSCD's administrative manual for review upon request.
The manual shall incorporate all of the written policies and procedures,
which shall provide a detailed description of the procedures followed
in performing the routine tasks of the CSCD [department]. At a mini-
mum, the policies and procedures in the manual shall include:
(1) Human Resources.
(A) Recruitment procedures;
(B) Promotion requirements and procedures;
(C) Equal employment opportunity and [Employment
Opportunity ommssion (EEOC)/affirmative action provisions;
(D) Provisions of the Americans with Disabilities Act;
(E) Provisions of the Fair Labor Standards Act;
(F) Provisions of the Family Medical Leave Act;41 TexReg 10092 December 23, 2016 Texas Register
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/74/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.