|(a) Purpose. The temporary housing assistance program
is intended primarily to provide housing assistance for offenders
who have been approved for parole, but have no home plan, and to assist
offenders in the transition from community residential facilities
and transitional treatment centers. The Texas Department of Criminal
Justice (TDCJ) is authorized to pay for temporary housing for any
offender who has insufficient financial and residential resources
when released on parole or mandatory supervision on or after January
(b) Criteria for Temporary Housing Assistance.
(1) Temporary housing assistance may only be provided
if the TDCJ does not operate or contract for the operation of a residential
correctional facility in the offender's legal county of residence.
A residential correctional facility does not include a transitional
treatment center, a substance abuse felony punishment facility, or
any other facility operated by or under contract with the TDCJ for
the primary purpose to provide substance abuse treatment or aftercare.
(2) The temporary housing must have existed on June
1, 2009, as either a multifamily residence or a motel unless the TDCJ
or the owner of the structure provides notice and has a public meeting
as required for a community corrections facility on the issue of whether
the use is appropriate.
(3) An offender's family, personal sponsors, or anyone
on community supervision, parole, or mandatory supervision, or persons
required to register as a sex offender are not eligible to provide
housing for temporary housing assistance.
(c) Temporary Housing Site Approval.
(1) Any provider that wants to provide temporary housing
for an offender shall contact the TDCJ Parole Division, Huntsville
Placement and Release Unit, 1650 7th St., West Building, Huntsville,
(2) The TDCJ shall investigate and approve the sites
it deems appropriate. Factors considered shall include whether:
(A) The site is located within range of public transportation
routes, or transportation is provided by the provider to job interviews,
employment, housing searches, and counseling appointments.
(B) The site is located within 1,000 feet of premises
where children commonly gather, including a school, day care facility,
playground, public or private youth center, public swimming pool,
or video arcade facility.
(C) The site is properly maintained and clean.
(D) The provider rules are consistent with parole rules
and conditions of supervision.
(3) The TDCJ shall maintain a list of all providers
and sites that have been approved for temporary housing.
(d) Offender Selection and Placement.
(1) The TDCJ shall not discriminate against any offender
because of race, color, religion, gender, national origin, age, disability,
or genetic information.
(2) An offender released on parole or mandatory supervision
on or after January 1, 2010, with insufficient financial and residential
resources, shall be considered for temporary housing assistance.
(3) An offender released on parole or mandatory supervision
on or after January 1, 2010, who is residing in a community residential
facility or transitional treatment center and who demonstrates progress
toward self-sufficiency, may also be considered for temporary housing
assistance if it appears they will become capable of meeting their
own financial needs. The TDCJ shall consider whether the offender
(A) A savings or trust fund account balance;
(B) Current or prospective employment;
(C) An employment history;
(D) Vocational skills; and
(E) A level of educational achievement above the sixth
(4) An offender shall only receive temporary housing
assistance at sites in the county in which the offender resided at
the time of committing the offense for which the offender was sentenced
to the TDCJ or in the county of conviction if not a resident of the
state at the time of conviction.
|Source Note: The provisions of this §195.81 adopted to be effective May 2, 2010, 35 TexReg 3287; amended to be effective March 4, 2012, 37 TexReg 1364; amended to be effective July 26, 2017, 42 TexReg 3651