37 TAC §257.11
The Texas Commission on Jail Standards proposes new §257.11,
concerning construction approval rules.
During the meeting of November 16, 1998 to discuss proposed changes to
construction rules, there was a concern that the current standards did not
indicate when the changes would become effective. The proposed new section
will indicate that facilities in planning or construction prior to the effective
date of the standards adoption will not have to comply with the new changes.
This section is part of the agency review process in accordance with the
Appropriations Act of 1997, House Bill 1, Article IX, §167.
Jack E. Crump, executive director, Texas Commission on Jail Standards,
has determined that for the first five-year period the rule is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rule.
Mr. Crump also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification that facilities in planning or construction
prior to the effective date of the standards adoption will not have to comply
with the new changes. There will be no effect on small businesses. There are
no anticipated economic costs to persons who are required to comply with the
rule as proposed.
Comments on the proposal may be submitted to Lynn Weatherby, Texas Commission
on Jail Standards, P.O. Box 12985, Austin, Texas, 78711.
The new section is proposed under Government Code, Chapter 511,
§511.009(1), which provides the Texas Commission on Jail Standards with
the authority to adopt reasonable rules and procedures establishing minimum
standards for the construction, equipment, maintenance and operation of county
jails.
The Local Government Code, Chapter 351, §351.002 and §351.015
are affected by this proposal.
§257.11.Facilities Exempt from New Standard Requirements.
Facilities completed, under construction or plans received by the
Commission prior to adoption of changes to Construction Standards, Chapter
259 of this title (relating to New Construction Rules) as indicated by the
effective date are exempt from new standard requirements.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900050
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 463-5505