OPINION ON APPLICANT’S MOTION FOR REHEARING
This is а post conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P.
The record reflects that on Januаry 27, 1986, following his plea of guilty, applicant was convicted in a trial before the court of the offense of murder. Punishment was assessed at 15 years. The judgment rеflects the offense was committed on September 10, 1985. No appeal was taken from this conviction.
On original submission, applicant maintained that bеcause the date of his offense was between August 29, 1983, and February 20, 1987, (the effective date of the original Prison Management Act 1 and later revisions) 2 he was being denied consideration for the grant of good time credits from the Department of Corrections pursuant to the Prison Management Act (hereinafter the PMA), V.A.T.S., Article 6184o. Applicant urged he was eligible for consideration for the time credits under the original act but not under the 1987 amendments to the act.
In
Ex parte Rutledge,
In an unpublished per curiam opinion delivered September 14, 1988, this Court granted applicant habeas corpus relief. Such relief was granted to the extent that the Department of Corrections must consider applicant for the grant of additional good time credits pursuant to the PMA.
In his motion for rehearing, applicant maintains he is entitled to relief beyond that contained within this Court’s opinion of September 14, 1988. Applicant states the Department of Corrections has awarded him 475 days in administrаtive good conduct time credit under the PMA. Applicant urges he is entitled to a total of 660 days administrative good conduct time credit and therefore seeks to have this Court grant additional habeas corpus relief to the extent he is awarded an additional 185 days administrative good conduct time credit.
The PMA became effective on August 29, 1983. As originally enacted, Section 2(b) provided;
*673 “If the inmate population of the Department reaches 95% or morе of capacity, the Director shall immediately notify the Governor in writing of that fact and credit 30 days of administrative good conduct time to any inmate whо: (1) is classified as a trustee or a class one inmate by the Department; and (2) is not serving a sentence for an offense listed in subdivision one, subsection (a), 3f, Artiсle 42.12, Code of Criminal Procedure, 1965, or whose judgment does not contain an affirmative finding under subdivision (2)(a), Section 3f of that Article.” (Emphasis added).
Records before this Court reflect the inmate population of the Department reached 95% or more capacity on 22 occasions in 1987. Applicant’s аssertion of entitlement to a total of 660 days in administrative good conduct time credit is therefore based on 30 days credit for each of the 22 occasions.
Eligibility for the grant of administrative good conduct time credit under the original PMA is dependent not only upon the nature of the offense and the absenсe of an affirmative finding but also on an inmate’s classification by the Department of Corrections. This Court’s opinions in Ex parte Rutledge, supra, and Ex parte Ruiz, supra, address the subject of eligibility for thе grant of administrative good conduct time credit on the basis of an inmate’s particular offense and the absence of an affirmative finding. This Court has not addressed the subject of eligibility on the basis of an inmate’s particular classification by the Department.
The subjects of inmate classification and good conduct time credit are contained within Article 6181-1, V.A.T.S. Section 2(a), provides for inmate classification in the following manner:
“The Department shall classify all inmates as soon as practicable upon their arrival at the Department and ... shall reclassify inmates as circumstances may warrant. All inmates shall be classified according to their conduct, obedience, industry, and prior criminal record. The director shall maintain a record on eaсh inmate showing all classifications and re-classifications with dates and reasons therefore.”
The subject of good conduct time is contained within Article 6181-1, Section 4, supra. That statute provides in part:
“Good conduct time is a privilege and not a right. The classification of an inmate notwithstanding, the Director may grant good conduct time to an inmate only if the Director finds that the inmate is actively engaged in an agricultural, vocational, or educational endeavor or an industrial program or other work program, unless the Director finds that the inmate is not capable of participating in such an endeavor. If during the actual term of imprisonment in the Dеpartment, an inmate commits an offense or violates a rule of the Department, all or any part of his accrued good conduct time may bе forfeited by the Director. The Director may, however, in his discretion, restore good conduct time forfeited under such circumstances subject to rules аnd policies to be promulgated by the Department.” (Emphasis added).
This Court has previously recognized that the forerunner to Article 6181-1, supra,
3
provided thе exclusive statutory provision for the awarding of commutation time credits for good conduct to those persons committed to the Texas Depаrtment of Corrections for felony convictions in this State.
Gardner v. State,
*674
This Court has previously refused to considеr matters such as loss of good time credit, disciplinary proceedings and inmate classification by way of a writ of habeas corpus. See
Ex parte Brager,
We recognize that the award or denial of good time is within the discretion of thе Director of the Texas Department of Corrections. In matters involving the refusal to award good time credit based on inmate classification or disсiplinary procedures, we will assume that whatever determination the Director makes, he will make in accordance with his authority as set out in Article 6181-1, supra, as well as in accordance with due process and due course of law. See Ex parte Morris, supra.
To the extent applicant seeks additional habeаs corpus relief in the form of 185 days in administrative good conduct time, the relief sought is denied. The decision to grant additional time credits based on an inmate’s classification within the Department of Corrections must be made within the framework of the PMA and in the exercise of the Director’s discretion as set out within Artiсles 6181-1 and 6184o, supra.
Applicant’s motion for rehearing is denied.
Notes
. Article 6184o (Vernon’s Supp.1983); Section 1, Ch. 233, Acts of the 68th Legislature, Regular Session, 1983, eff. August 29, 1983.
. Sections 1, 2 and 3, Ch. 8, Acts of the 69th Legislature, Third Called Session, 1986, eff. September 30, 1986. Article 6184o (Vernon’s Supp.1987); Sections 1-14, Ch. 1, Acts of the 70th Legislature, Regular Session, 1987, eff. (February 20, 1987).
. Article 6184, V.A.T.S. Repealed by Acts 1977, 65th Legislature, p. 933, Ch. 347, Sec. 6, effective August 29, 1977.