37 Tex. Admin. Code § 297.11 - Remedial Order by Commission

(a) If the Commission determines that the responsible officials receiving a notice of noncompliance fail to initiate corrective measures within the time prescribed, the Commission may, by remedial order, delivered by certified mail, return receipt requested or by personal service to the responsible officials, declare that the facility in question or any portion thereof be closed, that further confinement of inmates or classifications of inmates in the noncomplying facility or any portion thereof be prohibited, that all or any number of the inmates then confined be transferred to and maintained in another designated facility, or any combination of such remedies.

(b) The remedial order of the Commission shall be in writing and shall specifically identify each minimum standard with which the facility has failed to comply. Such remedial order shall become final and effective 15 days after its receipt by the responsible officials, provided, however, that if a review of Commission action § 297.13 of this title (relating to Review of Commission Action) or request for administrative hearing § 297.14 of this title (relating to Request for Administrative Hearing) on such remedial order is requested, the enforcement of such remedial order shall be stayed until such time as the Commission has rendered its decision following its hearing.

(c) If a remedial order is issued, the Commission shall furnish the sheriff/operator with a list of qualified facilities to which the inmates may be transferred. The sheriff/operator of the facility shall immediately transfer the number of inmates necessary to bring the facility into compliance to a facility that agrees to accept the inmates. The agreement shall be in writing and shall be signed by the sheriff/operator transferring the inmates and the sheriff/operator receiving the inmates. A facility transferring inmates under this subsection shall immediately remove the inmates from the receiving facility if the sheriff/operator of the receiving facility requests their removal in writing. The owner responsible for the noncomplying facility shall bear the liability for and the cost of transportation and maintenance of inmates transferred to or from a noncomplying facility by order of the Commission. The costs of transportation and maintenance shall be determined by agreement between the participating jurisdictions and shall be paid into the treasury of the entity providing transportation and/or maintenance.

(d) When a remedial order is issued to terminate a contract for housing inmates not sentenced in a Texas court, the responsible officials shall initiate action to terminate the contract and transfer the effected inmates. A copy of the remedial order shall be provided the sending state.

(e) Upon the issuance of a Certificate of Compliance, the remedial order shall be reviewed at the next regularly scheduled meeting of the Commission.

Notes

37 Tex. Admin. Code § 297.11

The provisions of this §297.11 adopted to be effective December 27, 1994, 19 TexReg 9882; amended to be effective July 14, 2005, 30 TexReg 4016; Adopted by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8043, eff. 12/4/2022