(a) Unit Capacity General Standard. Except as necessary on a temporary basis, the number of offenders assigned to a unit shall not exceed the unit's maximum rated capacity as established by the Texas Board of Criminal Justice.     
      (b) Texas Department of Criminal Justice (TDCJ) Operational Capacity Standard. The TDCJ should operate at no higher than 96% of the maximum system capacity.     
      (c) Increases in Capacity. An increase in maximum rated unit capacity, other than a de minimis increase, shall be made in accordance with H.B. 124.     
     Source Note:        The provisions of this §152.27 adopted to be effective February 20, 2006, 31 TexReg 1049; amended to be effective April 3, 2012, 37 TexReg 2222; amended to be effective August 21, 2018, 43 TexReg 5390