(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 assisting the reintegration of offenders into society through religious and secular programs. Correctional facilities of the TDCJ benefit from donated additional space or enhancements to existing space for religious and secular programs. The TBCJ and the TDCJ actively encourage the donation of buildings and enhancements for buildings that are related to the provision of religious and secular programs.
(b) Procedures.
  (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) A donor or designee shall be qualified to design and construct the donated building or enhancement in accordance with the TDCJ Administrative Plan for Capital Improvements by Donor Groups. 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. 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 requirements of the TDCJ Administrative Plan for Capital Improvements by Donor Groups are followed. The donor or designee will design and construct the donated building or enhancement at no cost to the TDCJ.
  (3) The TDCJ shall be the owner of the donated building or enhancement and shall be responsible for the operation, control, and maintenance of the building, which shall be used for religious and secular programs. The naming of buildings obtained under this rule shall be in accordance with 37 Texas Administrative Code §155.21.
  (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 as guaranteed by the First Amendment to the United States Constitution, in accordance with TDCJ policy and procedures for facilitating the religious practices of offenders. Furthermore, the buildings shall be used by offenders to participate in religious and secular programs with volunteers, TDCJ chaplaincy staff, and other program personnel.
  (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; amended to be effective February 28, 2019, 44 TexReg 867