(a) One or more holding cells shall be provided to hold inmates pending intake, processing, release, or other reason for temporary holding. Inmates shall not be held for more than 48 hours and the cell shall include the following features.
  (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.
  (2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains.
  (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.
  (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.
  (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.
(b) Remote Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting transportation. Inmates shall not be held for more than 4 hours and the cell shall include the following features.
  (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor, and not less than 12" wide. Seating shall be sufficient to provide not less than 18 linear inches per inmate at cell capacity.
  (2) Plumbing. Cells shall be provided with adequate toilets, lavatories capable of providing drinking water, and floor drains. The floor shall be properly pitched to drains.
  (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and the capacity shall be determined by the amount of seating provided and posted at the exterior of the cell.
  (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.
  (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.
  (6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall annunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building.
  (7) Audible Communication. Audible communications shall be provided.
(c) Remote Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting transportation. Inmates shall not be held for more than 8 hours and the cell shall include the following features.
  (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor, and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.
  (2) Plumbing. Cells shall be provided with adequate toilets, lavatories capable of providing drinking water, and floor drains. The floor shall be properly pitched to drains.
  (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.
  (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.
  (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.
  (6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall annunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building.
  (7) Audible Communication. Audible communications shall be provided.

Source Note: The provisions of this §259.138 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective August 16, 1996, 21 TexReg 7565; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective May 3, 2000, 25 TexReg 3791; amended to be effective October 16, 2007, 32 TexReg 7267