GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE G. CORRECTIONS

CHAPTER 500. MISCELLANEOUS DISCIPLINARY MATTERS

Sec. 500.001.  SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.  (a)  An inmate housed in a facility operated by the department or under contract with the department may not act in a supervisory or administrative capacity over another inmate.
(b)  An inmate housed in a facility operated by the department or under contract with the department may not administer disciplinary action over another inmate.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.065, eff. Sept. 1, 1995.

Sec. 500.002.  DESTRUCTION OF PROPERTY.  (a)  An inmate housed in a facility operated by the department or under contract with the department is liable for the inmate's intentional damage to property belonging to the state.  If more than one inmate is involved in damage to property, each inmate involved in the damage is jointly and severally liable.
(b)  The department shall establish a hearing procedure, giving consideration to the due process rights of inmates, for the adjudication of claims for property damage under this section. Damages may be awarded to the department only after a hearing and may not exceed the value of the property damaged.
(c)  If at a hearing it is determined that an inmate is liable for property damage, the department may seize the contents of inmate trust funds established for the inmate under Section 501.014.
(d)  An inmate, after exhausting all administrative remedies provided by the grievance system developed under Section 501.008, may appeal a final decision under this section by filing a petition for judicial review in a district court having jurisdiction in the county in which the alleged damages occurred.  On judicial review, the district court shall follow the rules governing judicial review of contested cases under Subchapter G, Chapter 2001.  Appeals may be taken from the district court as in other civil cases.
(e)  If an inmate fails to file a petition seeking judicial review of an adverse decision within 30 days after exhausting all administrative remedies, a district court may not review the final decision.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(54), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.066, eff. Sept. 1, 1995.

Sec. 500.003.  GAMBLING PROHIBITED.  Gambling is not permitted at any place in a facility operated by or under contract with the department where inmates are housed or worked.  An employee of the department who engages in gambling or knowingly permits gambling at any place where inmates are housed or worked is subject to immediate dismissal.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.003 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.067, eff. Sept. 1, 1995.

Sec. 500.004.  PARTICIPATION IN TREATMENT PROGRAM.  An inmate required by law or department policy to participate in a treatment program shall participate in the program.
Added by Acts 2001, 77th Leg., ch. 403, Sec. 1, eff. Sept. 1, 2001.

Sec. 500.005.  REWARDS ON ESCAPE.  The director of the institutional division, in compliance with board policy, may offer a reward for the apprehension of an escaped inmate.  The director may determine the amount of the reward and the manner in which the reward is to be paid.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.005 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.068, eff. Sept. 1, 1995.

Sec. 500.006.  TRANSPORTATION OF INMATES.  (a)  The department shall establish policies to provide for the safe transfer of inmates.  A sheriff may transport inmates to the institutional division if the sheriff is able to perform the service as economically as if the service were performed by the division.  The institutional division is responsible for the cost of transportation of inmates to the division.
(b)  An inmate may not be transported directly from a county jail to an institutional division facility other than a designated diagnostic unit.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.006 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.069, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 5, eff. September 1, 2021.

Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES.  (a)  The department after consultation with the Criminal Justice Policy Council shall implement a program to randomly test, for the purpose of determining the presence of controlled substances, the breath, blood, or other bodily substances of inmates housed in facilities operated by or under contract with the department.
(b)  The department annually shall test not less than five percent of the inmates housed in facilities operated by or under contract with the department.
(c)  The department shall use the most cost-effective means possible to perform the tests required by this section, and shall actively seek grants from the federal government or other sources to expand the program created under this section.
(d)  If the department performs a test described by Subsection (a) and determines the presence of a controlled substance in an inmate, the department may in return for the cooperation of the inmate in identifying the individual who delivered the controlled substance to the inmate defer or dismiss punitive actions, including criminal prosecution, forfeiture of good conduct time or reduction in good conduct time earning status, or forfeiture of privileges, that the department could otherwise take against the inmate.
Added by Acts 1997, 75th Leg., ch. 1351, Sec. 1, eff. Sept. 1, 1997.

Sec. 500.008.  DETECTION AND MONITORING OF CELLULAR TELEPHONES.  (a)  The department may own and the office of inspector general may possess, install, operate, or monitor an interception device, as defined by Article 18A.001, Code of Criminal Procedure.
(b)  The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor interception devices for the department.
(c)  An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:
(1)  is designated by the executive director for that purpose; and
(2)  acts in the presence and under the direction of a commissioned officer of the inspector general.
Added by Acts 2009, 81st Leg., R.S., Ch. 1169 (H.B. 3228), Sec. 7, eff. September 1, 2009.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.11, eff. January 1, 2019.