1. (a) Policy. The Texas Board of Criminal Justice (TBCJ) is empowered to accept gifts and grants on behalf of the Texas Department of Criminal Justice (TDCJ) from any public or private source, for use in maintaining and improving correctional programs and services. The TBCJ also specifically and earnestly encourages the involvement of volunteers and volunteer organizations for the purpose of providing reintegration of offenders through secular and spiritual programs. Correctional facilities of the TDCJ typically need additional space or amenities in existing space to provide religious services and programs. The TBCJ and the TDCJ shall actively encourage the donation of buildings and enhancements for buildings that are related to the provision of religious and secular programs.

2. (b) Procedures.

   1. (1) The TDCJ shall set up a special account for the purpose of accepting funds to provide for buildings or enhancements related to the provision of religious and secular programs. The TBCJ respects the right of contributors of funds to designate a specific project at a specific TDCJ unit for which the donated funds will be used.
   2. (2) Subject to available State funding and approval of the Executive Director of the TDCJ, the TDCJ Facilities Division may design and build, and shall maintain the various buildings on TDCJ property for which funds have been donated. The TDCJ Facilities Division is authorized to quote a dollar amount needed to construct the building or enhancement. Alternatively, the TDCJ Executive Director may authorize the donor or the donor's designee to design and construct the donated buildings, at the donor's cost, after a determination that the donor or the donor's designee is qualified to design and construct the donated buildings in accordance with the TDCJ Administrative Plan for Capital Improvements by Donor Groups. All design and/or construction activities by the donor or donor's designee shall be coordinated through the TDCJ Facilities Division.
   3. (3) The TDCJ shall be the owner of the donated or enhanced building and shall be responsible for the operation, control, and maintenance of the building, which shall be used for religious and other correctional programs and services. The naming of buildings obtained under this rule is subject to §155.21 of this title (relating to the Naming of TDCJ Owned Facilities).
   4. (4) Buildings that serve as chapels provided or enhanced by donations under this policy shall provide a place for all offenders to practice their religion guaranteed by the First Amendment to the United States Constitution, in accordance with TDCJ policy and procedures on religious beliefs and practices of offenders (currently embodied in Administrative Directive - 07.30, "Procedures for Religious Programming"), as well as to participate in programs with religious and other volunteers, the TDCJ Chaplaincy staff, and other programmatic personnel.

Source Note:The provisions of this §152.71 adopted to be effective February 17, 2005, 30 TexReg 722.