Bohannan v. Texas Board of Criminal Justice
In Bohannan v. Texas Board of Criminal Justice, 942 S.W.2d 113, 117 (Tex. App.--Austin 1997, writ denied), an inmate brought an APA declaratory judgment action against the department and board of criminal justice challenging rules concerning treatment of "good conduct time." 942 S.W.2d at 115, 117.
The Court found that the inmate could not maintain his APA claim because section 2001.226 specifically excepts from the scope of the APA any "'rule or internal procedure of the Texas Board of Criminal Justice that applies to any inmate.'" See id. at 117 (quoting Tex. Gov't Code Ann. 2001.226).
The Court found that this statutory exception "effectively precludes the inmate's challenge to the substance of the good conduct time rule under section 2001.038 and whatever procedural defects may have occurred under the APA." Id.