| (a) Purpose. This rule establishes procedures for determining
the location of new Texas Department of Criminal Justice (TDCJ) facilities
in a manner that is fair and open, cost-effective for construction
and operations, and sensitive to the ultimate mission of the facilities
sited. Determining the location of a new facility designed to house
inmates is a multi-factor process that assesses cost-effectiveness,
logistical support requirements, operational concerns, and legal mandates.
(b) Definitions. The following words and terms, when
used in this rule, shall have the following meanings, unless the context
clearly indicates otherwise.
(1) Facility is a substantially self-contained, permanently
constructed correctional facility for housing inmates. This includes
prison units, state jails, and substance abuse felony punishment (SAFP)
facilities, but does not include community corrections facilities,
as defined by Texas Government Code § 509.001, or parole facilities
defined in Texas Government Code §§ 508.118, 508.119, or
508.320.
(2) Prison unit includes a private prison under Texas
Government Code Chapter 495, Subchapter A (Contracts with Private
Vendors and Commissioners Courts), a psychiatric unit, and a unit
whose capacity is determined by Texas Government Code Chapter 499,
Subchapter E (Unit and System Capacity).
(3) SAFP facility is a substance abuse felony punishment
facility authorized by Texas Government Code § 493.009.
(4) State jail is a state jail felony facility authorized
by Texas Government Code Chapter 507.
(c) Procedures.
(1) The Legislative Budget Board is responsible for
projecting the demand for prison unit, state jail, and SAFP facility
beds. Based on these projections, a plan shall be developed by TDCJ
staff and adopted by the Texas Board of Criminal Justice (TBCJ) that
details how any additional bed needs shall be met. This plan shall
be presented to the legislature with a request for appropriations.
The plan shall include any recommendations for re-designation and
renovation of existing facilities. With respect to new facilities
requiring the selection of a site, the plan adopted by the TBCJ shall
include:
(A) Recommendations for specific types of facilities
needed by the TDCJ, the approximate size of each facility, and any
regional distribution planned by facility type;
(B) A description of each facility's mission; and
(C) A description of the type of inmates to be housed
in each facility and the programming requirements for that population.
(2) Site selections shall be made in accordance with
and through a Request for Proposals (RFP) process, unless the TBCJ
determines that land currently owned by the state shall be used as
the site for the location of additional facilities, in which case
an RFP process shall not be required. The RFP shall be based on the
array of facilities authorized by the legislature. For each round
of site selections, the RFP shall specify:
(A) Types of facilities needed;
(B) Minimum acreage and site characteristics required
for each facility type;
(C) Requirements for geotechnical information based
on drilling matrix and site preparation requirements;
(D) Requirements for verified documentation of the
absence of any environmental problems and historical preservation
conditions;
(E) Requirements for supporting information such as
easement, utility, and topographical maps;
(F) Requirements for description of land values, transferability
of mineral rights, surface leases, easements, title report, warranty
deed, aerial photographs, and other issues affecting the timely transferability
of a site;
(G) Transportation and utility requirements; and
(H) Requirements for soliciting citizen input and state
and local elected official input regarding a specific site.
(3) Under the direction of the TDCJ executive director,
the Facilities Division shall coordinate the site selection process.
In accordance with the TBCJ approved criteria and process, TDCJ staff
shall be responsible for the development of the RFP, devising and
completing scoring instruments, as well as cost analysis for TBCJ
review and action. Information presented to the TBCJ shall:
(A) Be structured in a uniform format as illustrated
in the Facilities Division policies and procedures;
(B) Include data from a weighted scoring evaluation
system that objectively assesses each site based on the proposal requirements,
the site visit, and supporting information developed before any review,
based on the Facilities Division policies and procedures and on the
requirements outlined in the RFP;
(C) Include life-cycle cost calculations for a specific
time period for each responsive proposal;
(D) Include information relating to the workforce available
in the area surrounding each proposed site from which the TDCJ would
recruit correctional staff; and
(E) Identify and explain any deviations from the TBCJ
approved process.
(4) Any selection process shall take into consideration
the intent of the legislature to locate each facility:
(A) In close proximity to a county with 100,000 or
more inhabitants to provide services and other resources provided
in such a county;
(B) Cost-effectively with respect to its proximity
to other TDCJ facilities;
(C) In close proximity to an area that would facilitate
release of inmates or persons to their area of residence; and
(D) In close proximity to an area that provides adequate
educational opportunities and medical care.
(5) The TBCJ shall be responsible for site selection,
but may request that TDCJ staff provide a short list of recommended
sites or a preference ranking of sites with an explanation for the
recommendation or ranking. Staff recommendations shall be determined
through the scoring of information contained in each submitted proposal
based on RFP requirements, actual site assessment, and information
obtained from external and internal sources for each site. Staff recommendations
may include, and the TBCJ may select, a site other than one contained
in the submitted proposals if the site is on state-owned land.
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| Source Note: The provisions of this §155.23 adopted to be effective June 13, 1999, 24 TexReg 4252; amended to be effective December 19, 2007, 32 TexReg 9358; amended to be effective July 8, 2012, 37 TexReg 4949; amended to be effective March 5, 2017, 42 TexReg 766; amended to be effective September 15, 2024, 49 TexReg 7053 |
