| (a) Policy. Only the Texas Board of Criminal Justice
(TBCJ) is authorized to accept gifts on behalf of the Texas Department
of Criminal Justice (TDCJ) from any public or private source, for
use in maintaining and improving correctional programs and services.
The TBCJ also specifically and earnestly encourages the involvement
of volunteers and volunteer organizations for the purpose of assisting
the reintegration of offenders into society through religious and
secular programs. Correctional facilities of the TDCJ benefit from
donated additional space or enhancements to existing space for religious
and secular programs. The TBCJ and the TDCJ actively encourage the
donation of buildings and enhancements for buildings that are related
to the provision of religious and secular programs.
(b) Procedures.
(1) The TDCJ shall meet with donor groups for the purpose
of accepting a building or enhancement for a building related to the
provision of religious and secular programs. The TBCJ respects the
right of contributors to designate a specific project at a specific
TDCJ unit at which the donated building or enhancement will be used.
(2) A donor or designee shall be qualified to design
and construct the donated building or enhancement in accordance with
the TDCJ Administrative Plan for Capital Improvements by Donor Groups.
Subject to final project approval by the executive director or designee,
all plans for the building or enhancement must be approved by the
Facilities Division. All design and construction activities by the
donor or designee will be coordinated through the Facilities Division.
The Capital Improvement Review Committee shall review and coordinate
all steps pertaining to the project, ensuring all requirements of
the TDCJ Administrative Plan for Capital Improvements by Donor Groups
are followed. The donor or designee will design and construct the
donated building or enhancement at no cost to the TDCJ.
(3) The TDCJ shall be the owner of the donated building
or enhancement and shall be responsible for the operation, control,
and maintenance of the building, which shall be used for religious
and secular programs. The naming of buildings obtained under this
rule shall be in accordance with 37 Texas Administrative Code §155.21.
(4) Buildings that serve as chapels provided by or
enhanced by donations under this rule shall provide a place for all
offenders to practice their religion as guaranteed by the First Amendment
to the United States Constitution, in accordance with TDCJ policy
and procedures for facilitating the religious practices of offenders.
Furthermore, the buildings shall be used by offenders to participate
in religious and secular programs with volunteers, TDCJ chaplaincy
staff, and other program personnel.
(5) These donations, including donations at privately-operated,
state-owned facilities, shall be presented at a regularly scheduled
meeting of the TBCJ for discussion, consideration, and possible action.
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| Source Note: The provisions of this §152.71 adopted to be effective February 17, 2005, 30 TexReg 722; amended to be effective March 3, 2010, 35 TexReg 1760; amended to be effective September 14, 2014, 39 TexReg 7179; amended to be effective February 28, 2019, 44 TexReg 867 |
