Texas Administrative Code Title 37 - PUBLIC SAFETY AND CORRECTIONS
1. Overview of Texas Administrative Code, Title 37
Title 37 of the TAC governs agencies and rules relating to public safety, law enforcement, corrections, and related regulatory functions. It includes regulations for:
The Texas Department of Criminal Justice (TDCJ)
Law enforcement licensing
Correctional institutions
Parole and probation supervision
Public safety standards
Its primary purpose is to implement the statutory authority granted under the Texas Government Code, Penal Code, and Code of Criminal Procedure.
2. Structure of Title 37 TAC
Title 37 is divided into multiple chapters, each covering a specific area. Some of the key chapters include:
Chapter 3 – Texas Commission on Law Enforcement (TCOLE)
Establishes rules for licensing, training, and regulating peace officers.
Example: Rules for continuing education, certification revocation, and fitness standards.
Chapter 5 – Texas Board of Criminal Justice (TBCJ)
Oversees TDCJ operations.
Governs correctional facilities, inmate classification, and treatment programs.
Chapter 15 – Correctional Institutions / Facilities
Covers security, inmate safety, disciplinary procedures, and visitation policies.
Chapter 19 – Community Corrections & Parole
Rules regarding parole, probation supervision, and rehabilitation programs.
Chapter 21 – Public Safety Standards
Regulates safety procedures, security equipment, and reporting requirements.
3. Key Provisions
Here are some of the essential rules and principles in Title 37 TAC:
a. Licensing and Certification (Chapter 3)
Peace officers must meet minimum training and ethical standards.
TCOLE has authority to deny, suspend, or revoke licenses for misconduct or failure to meet requirements.
Example:
License revocation requires notice, opportunity for hearing, and administrative review.
b. Prisoner Rights and Institutional Rules (Chapters 15–16)
Inmates must be housed safely and treated humanely.
Disciplinary procedures must follow due process, including written notice and hearing.
Example:
An inmate may challenge disciplinary action if procedural safeguards were violated.
c. Parole and Probation (Chapter 19)
Parolees must comply with supervision conditions.
Violations can lead to revocation hearings.
Agencies must provide rehabilitation programs to reduce recidivism.
d. Public Safety Requirements (Chapter 21)
Establishes standards for firearm handling, emergency procedures, and reporting of incidents.
Applies to state law enforcement and sometimes local agencies.
4. Illustrative Case Law
Here are examples of how Texas courts have interpreted rules under Title 37:
a. Licensing and Administrative Hearings
Ex parte McCullough, 966 S.W.2d 529 (Tex. App.—Houston [14th Dist.] 1998)
Case addressed a peace officer’s license revocation by TCOLE.
Court emphasized the need for due process under TAC rules: notice and opportunity to be heard.
b. Inmate Rights / Disciplinary Procedures
Sandin v. Conner, 515 U.S. 472 (1995) (federal, but applied in Texas corrections context)
U.S. Supreme Court clarified that inmates do not have a constitutional right to every administrative procedure, but Title 37 rules must still be followed for procedural fairness.
Ex parte Hampton, 447 S.W.3d 221 (Tex. Crim. App. 2014)
Inmate challenged TDCJ disciplinary action.
Court examined whether TAC rules on notice and hearing requirements were properly applied.
c. Parole / Probation Revocation
Ex parte Taylor, 213 S.W.3d 341 (Tex. Crim. App. 2006)
Case involved revocation of parole for violation of TAC supervision rules.
Court affirmed that TAC provisions set the framework but parole boards have discretion within legal limits.
5. Importance of Title 37 TAC
Ensures Standardization: Establishes uniform procedures for law enforcement and corrections.
Protects Rights: Provides procedural safeguards for peace officers and inmates.
Regulatory Compliance: Guides TDCJ, parole boards, and licensing agencies.
Legal Reference: Courts often reference TAC rules to evaluate administrative actions.
6. Summary Table
| Chapter | Focus Area | Key Provisions | Example Case Law |
|---|---|---|---|
| 3 | Law Enforcement Licensing | Officer certification, disciplinary rules | Ex parte McCullough |
| 5 | Criminal Justice Administration | TDCJ oversight, facility operations | — |
| 15 | Correctional Facilities | Inmate safety, discipline, visitation | Ex parte Hampton |
| 19 | Parole & Probation | Supervision, revocation procedures | Ex parte Taylor |
| 21 | Public Safety Standards | Firearms, emergency procedures | — |
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