SECTION 97.180. Resource Allocation

Under the terms of Chapter 786, §3, 73rd Legislature (Act), the costs of providing inmate screening, evaluation, and treatment is supported by a combination of individual counties and judicial districts, Texas Department of Health (department), and Texas Department of Criminal Justice (TDCJ) funds. The following terms govern this allocation.

(1) Texas Department of Health. The Texas Department of Health (department) shall supply the materials, pharmaceuticals, and laboratory services to covered jails and community corrections facilities that are necessary to accomplish the screening required by the Act, and provide other services requested by individual counties and judicial districts, where such services can be reasonably provided. These materials, drugs, and services may be requested from the Texas Department of Health, Tuberculosis Elimination Division, 1100 West 49th Street, Austin, Texas 78756.

(2) Texas Department of Criminal Justice.

(A) The Texas Department of Criminal Justice (TDCJ) shall provide funds for administering screenings, evaluating inmates, and administering drugs to two classes of inmates suspected of having an active case of tuberculosis. The two classes are:

(i) inmates whose paperwork and processing required under Code of Criminal Procedure, 8, Subsection (a), Article 42.09, has been completed; and

(ii) inmates in a community corrections facility.

(B) The TDCJ shall reimburse a county or judicial district in the same manner provided for reimbursements under Government Code, §499.123.

(3) Counties and judicial districts. Counties and judicial districts shall provide funds for administering screenings, evaluating inmates, and administering drugs to inmates suspected of having an active case of tuberculosis:

(A) for inmates who are pretrial, inmates whose paperwork and processing under Code of Criminal Procedure, §8, Subsection (a), Article 42.09, is not completed; and

(B) for inmates who are not to be transferred to a TDCJ facility.

Source Note: The provisions of this §97.180 adopted to be effective May 16, 1994, 19 TexReg 3370; amended to be effective April 1, 2004, 29 TexReg 3192