1. (a) Policy. Only the Texas Board of Criminal Justice (TBCJ) is authorized to accept gifts 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 meet with donor groups for the purpose of accepting a building or enhancement for a building related to the provision of religious and secular programs. The TBCJ respects the right of contributors to designate a specific project at a specific TDCJ unit at which the donated building or enhancement will be used.
   2. (2) Subject to final project approval by the executive director or designee, all plans for the building or enhancement must be approved by the Facilities Division. The donor or designee will design and construct the donated buildings, at the donor's cost, after a determination that the donor or 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 construction activities by the donor or designee will be coordinated through the Facilities Division. The Capital Improvement Review Committee shall review and coordinate all steps pertaining to the project, ensuring all aspects of the TDCJ Administrative Plan for Capital Improvements by Donor Groups are followed.
   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 37 Texas Administrative Code §155.21.
   4. (4) Buildings that serve as chapels provided by or enhanced by donations under this rule 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 for religious beliefs and practices of offenders. Furthermore, the buildings shall be used by offenders to participate in programs with religious and other volunteers, the TDCJ chaplaincy staff, and other program personnel.
   5. (5) These donations, including donations at privately-operated, state-owned facilities shall be presented at a regularly scheduled meeting of the TBCJ for discussion, consideration, and possible action.

Source Note:The provisions of this §152.71 adopted to be effective February 17, 2005, 30 TexReg 722; amended to be effective March 3, 2010, 35 TexReg 1760; amended to be effective September 14, 2014, 39 TexReg 7179.