Government Code § 499.109

Sec. 499.109. SYSTEM CAPACITY. (a) The inmate population of the department may not exceed 100 percent of the combined capacities of each unit in the department, as determined by this subchapter. (b) The board may authorize the department to increase the inmate population of the department above 100 percent, but only if: (1) the staff determines through written findings that the population may be increased without limiting the ability of the division to transfer inmates between units as necessary for classification, medical, and security purposes; and (2) the administration of the department and the board approve of the increase, in the same manner as increases in capacity of individual units are approved under Sections 499.104 and 499.105. (c) If the board authorizes the department to increase the inmate population of the department above 100 percent, the department shall distribute the additional admissions permitted by the increase among counties or groups of counties in the same manner as regular admissions are distributed under the allocation formula. Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991. Amended by Acts 1995, 74th Leg., ch. 318, Sec. 71, eff. Sept. 1, 1997. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1022 (S.B. 2405), Sec. 46, eff. September 1, 2025.