THE STATE OF TEXAS
EXECUTIVE DEPARTMENT
OFFICE OF THE GOVERNOR
AUSTIN, TEXAS
AUGUST 16, 1989
EXECUTIVE ORDER
WPC-89-17
WHEREAS, the Texas Department of Corrections has notified the
Texas Attorney General in writing that the inmate population of the
Texas Department of Corrections has reached 95% of capacity, as
defined by statute and as imposed by the agreed order in Ruiz v.
McCotter; and
WHEREAS, the Attorney General has certified, in writing, that
the inmate population has reached 95% of the capacity, as defined
above, of the Texas Department of Corrections; and
WHEREAS, the Board of Pardons and Paroles has recommended in
writing, an award of 30 days of administrative good conduct time
to alleviate the overcrowded condition of the Texas Department of
Corrections; and
WHEREAS, by S.B. 215, 70th Legislature, Regular Session,
amending the Texas Prison Management Act, Article 61840, Texas
Revised Civil Statutes, the Legislature has required that under
these circumstances the Governor shall immediately certify that an
emergency overcrowding situation exists and shall order the
director of the Texas Department of Corrections to credit
administrative good conduct time to all eligible inmates.
NOW, THEREFORE, I, William P. Clements, Jr., Governor
TaxCl:"!, under the authority vested in me, do hereby order
Dir~ctor of the Texas Department of Corrections to credit to
e1i.r;;:rib1e inmates, as defined by S.B. 215, 30 total days
administrative good conduct time.
of
the
all
of
ThiA Executive Order shall be effective immediately and shall apply
to <'\11 inmates in the Texas Department of Corrections population
as of the midnight population count on Friday, August 11, 1989 and
shall be binding as authorized by law.
This Executive Order may
be modified or amended from time to time, as required to carry out
the intent of the Legislature, until the emergency overcrowding
condition no longer exists.
Given under my hand this
16th day of August, 1989.
Filed in the Office of
Secrelary of State
AUG 16 1989
Statutory Fmngs Division
Statutory Documents
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August 15, 1989
Tilt:' Honorable William Clements
Governor of T~xas
P. O. Box 12428, Capitol Station
Au~tin, Texas 78711
Re:
HAND DELIVERY
Certification that TOC has Reached 95% of Capacity
De?r Governor Clements:
On May 14, 1989, TOC notified us that the inmate population
of the Texas Department of Corrections reached 95% of capacity.
The official midnight count on May 11, 1989 was 39,416.
Accordingly, pursuant to Senate Bill 215, the Attorney General hereby
certifies that TDC has reached 95% of capacity.
Pursuant to Senate Bill No.
215, signed into law on
February 20, 1987, you are required to immediately certify that
an emergency overcrowding situation exists and order Director
Lynaugh to credit not more than 90 days of administrative good
conduct time to all eligible inmates.
Once we have had an
opportunity to assess whether the credit of good conduct·time has
resolved the emergency, we will advise you whether further steps
must be ta}~en.
v:rJt:::u~
JIM MATTOX
Attorney General ot Texas
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Chairman Terrell
Director Lynaugh
Chairman Keene
Director Heckmann
Rider Scott
J. Kirk Brown
Kay Walls
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ROARO MEMsrns·
PAROLE COMMISSIONERS:
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KEN COlEMAN
JOHN EXCOtlEDO
RONALD W. JACKSON
DONN D. WOOlERY
2503 LAI(E ROAD
HUNTSVILLE, TX 77340
14 0111291.2181
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GEORGE C. EVANS
GERALD GARRETT
1212 N. VELASCO
SUITE 102
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BOARD OF PARDONS AND PAROLES
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ANGlETON. lX 77515
(4011) 849·3031
8610 SHOAL CREEK BLVD
P.O BOX 13401. CAPITOL STATION
AUSTIN, TEXAS 78711
(512) 459-2700
KEN CASNER
CORA MOSLEY
207·4 E. REAGAN S1.
PALESTINE, 1j( 7S801
(214) 723·1068
WILlIlIM II. nn00kS
STENNETT D, POSEY
RT. 6, BOX 251J.A
GATESVILLE. TX 78528
(817) 885·8870
August 15, 1989
,., r. Rid e r S cot t
General Counsel
Office of the Governor
P.O. Box 12428
Capitol Station
Austin, TX 78711
Dear Mr. Scott:
In response to the closing of the Texas Department of Corrections
to new admissions, the Board of Pardons and Paroles recommends
that the Prison Management Act be invoked with the awarding of 30
days administrative good conduct time to all eligible inmates.
JL
cc:
Board Members
William H. Brooks, Executive Director
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EaUAL OPPORTUNITY EMPLOYER
STATE OF TEXAS
OFFICE OF THE GOVERNOR
AUSTIN, TEXAS 78711
WILLIAM P. CLEMENTS, JR.
August 16, 1989
GOVERNOR
TO:
The Honorable William P. Clements, Jr.
Governor
FROM:
Rider Scott
General Counsel
RE:
Prison Management Act
The Texas Department of Corrections exceeded its 95% of operational
capacity by eight inmates on Friday, August 11, 1989, pursuant to the
midnight count. As a result of this, we were notified by the Attorney
General, in writing, on Tuesday, August 15th, of closure, with the
commensurate obligation under the statute (Tex. Rev. Civ. Stat. Ann. 61480)
of invocation of the Prison Management Act.
Current analysis of the parole eligible popUlation in the penitentiary indicates
that there are 2,217 inmates who are time eligible .without need of additional
administrative good time in the Senate Bill 215 class. Therefore, the Board
of Pardons and Paroles has recommended to you, in writing, an award under
1he Prison Management Act of 30 days of administrative good time. This
mandatory award would expand the pool of time eligible Senate Bill 215
inmates by approximately 400 inmates.
Attached is a copy of the written recommendation of the Board of Pardons
and Paroles and an Executive Order to implement same.