Section 343.362 - Limitations on Mail(a) A resident's rights to privacy and correspondence may not be limited except when: (1) a reasonable belief exists that the correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility or to violate state or federal laws. If a reasonable belief exists, facility staff shall: (A) ask the resident's permission to read the letter;(B) if permission is denied, request a search warrant prior to opening and reading the letter; and(C) if a search warrant request is denied, the correspondence shall be provided to the resident; or(2) correspondence with certain individuals is specifically forbidden by: (A) the resident's juvenile-court-ordered rules of probation or parole;(B) the facility's policies, procedures, and practices that restrict and/or limit residents' correspondence with: (i) other facility residents;(ii) witnesses or parties in law enforcement investigations or investigations before the court;(iii) participants in pending or active court proceedings; and/or(iv) victims attached to related juvenile or criminal referrals, investigations, or related proceedings; or(C) a specific list of individuals furnished by a resident's parent, legal guardian, or custodian.(b) Incoming correspondence described in subsection (a)(2) of this section shall be returned unopened to the sender.(c) When mail is withheld from a resident, the reasons shall be documented and a copy shall be maintained in the resident's file.37 Tex. Admin. Code § 343.362
The provisions of this §343.362 adopted to be effective January 1, 2010, 34 TexReg 7095; amended by Texas Register, Volume 39, Number 47, November 21, 2014, TexReg 9253, eff. 1/1/2015