This section states the subchapter’s purpose: to give the department flexibility to house inmates and manage housing capacity, and to give the executive branch alternatives for balancing population when capacity is at 95% or there is a county-jail backlog.
Sec. 499.022. PURPOSE. (a) The purpose of this subchapter is to: (1) allow the department the flexibility to house inmates in appropriate settings and determine the proper amount of available housing; and (2) provide the executive branch with alternatives to appropriately balance population, consistent with the intent of this subchapter, if the population of the department reaches 95 percent of capacity or if a backlog of convicted felons exists in the county jails in this state, as determined by this subchapter. (b) The flexibility provided by this subchapter shall be exercised in a manner consistent with sound correctional practices, applicable federal law, and state law and policy. (c) This subchapter does not: (1) create a right on the part of an inmate confined in the department to serve the inmate's sentence in a department with a population below 95 percent of capacity, as determined by this subchapter; (2) grant to an inmate the right to be released or to be considered for release if the inmate population of the department reaches 95 percent of capacity as determined under this subchapter; (3) require a population level below 95 percent of capacity as determined by this subchapter; or (4) require the board or the Board of Pardons and Paroles to take an action under this subchapter because a backlog of convicted felons exists in the county jails in this state. Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989. Renumbered from Sec. 498.022 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 17.01, eff. Oct. 1, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1022 (S.B. 2405), Sec. 38, eff. September 1, 2025.