Department staff may recommend a capacity increase for a unit, but only if they make written findings and the listed conditions are met.
Sec. 499.102. STAFF DETERMINATIONS AND RECOMMENDATIONS. (a) The staff of the department, on its own initiative or as directed by the governor or the board, may recommend to the administration of the institutional division that the maximum capacity for a unit be increased if the staff determines through written findings that the division can increase the maximum capacity and provide: (1) proper inmate classification and housing within the unit that is consistent with the classification system; (2) housing flexibility to allow necessary repairs and routine and preventive maintenance to be performed without compromising the classification system; (3) adequate space in dayrooms; (4) all meals within a reasonable time, allowing each inmate a reasonable time within which to eat; (5) operable hygiene facilities that ensure the availability of a sufficient number of fixtures to serve the inmate population; (6) adequate laundry services; (7) sufficient staff to: (A) meet operational and security needs; (B) meet health care needs, including the needs of inmates requiring psychiatric care, inmates with an intellectual disability, and inmates with a physical disability; (C) provide a safe environment for inmates and staff; and (D) provide adequate internal affairs investigation and review; (8) medical, dental, and psychiatric care adequate to ensure: (A) minimal delays in delivery of service from the time sick call requests are made until the service is performed; (B) access to regional medical facilities; (C) access to the institutional division hospital at Galveston or contract facilities performing the same services; (D) access to specialty clinics; and (E) a sufficient number of psychiatric inpatient beds and sheltered beds for inmates with an intellectual disability; (9) a fair disciplinary system that ensures due process and is adequate to ensure safety and order in the unit; (10) work, vocational, academic, and on-the-job training programs that afford all eligible inmates with an opportunity to learn job skills or work habits that can be applied on release, appropriately staffed and of sufficient quality; (11) a sufficient number and quality of nonprogrammatic and recreational activities for all eligible inmates who choose to participate; (12) adequate assistance from persons trained in the law or a law library with a collection containing necessary materials and space adequate for inmates to use the law library for study related to legal matters; (13) adequate space and staffing to permit contact and noncontact visitation of all eligible inmates; (14) adequate maintenance programs to repair and prevent breakdowns caused by increased use of facilities and fixtures; and (15) space and staff sufficient to provide all the services and facilities required by this section. (b) The staff of the department shall request of the Legislative Budget Board an estimate of the initial cost of implementing the increase in capacity and the increase in operating costs of the unit for the five years immediately following the increase in capacity. The Legislative Budget Board shall provide the staff with the estimates, and the staff shall attach a copy of the estimates to the recommendations. (c) The staff of the department may not take more than 90 days from the date the process is initiated to make recommendations on an increase in the maximum capacity for a unit under this section. Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16, 1991. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.061, eff. Sept. 1, 1995. Amended by: Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.10, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 1022 (S.B. 2405), Sec. 42, eff. September 1, 2025.