A jail is an applicable county jail when the commission determines that a jail meets the following criteria:
  (1) a state or federal court determines that conditions in a county jail are unconstitutional;
  (2) on or after October 1, 1991, the percentage of inmates in the jail awaiting transfer to the TDCJ-ID is 20% or more of the total number of inmates in the jail.

Source Note: The provisions of this §269.21 adopted to be effective February 26, 1996, 21 TexReg 1284.