Part I.
Texas Department of Public Safety
Chapter 1.
Organization and Administration
Subchapter I. Fees For Copies of Records
37 TAC §1.131
The Texas Department of Public Safety proposes new §1.131,
concerning Fees For Copies of Records. The federal rule found in 49 Code of
Federal Regulations (CFR), Parts 1325 and 1327, states employers may request
a search of the National Driver Register (NDR) on current or prospective employees
who work as motor vehicle or railway locomotive operators. Texas Transportation
Code, §521.056(d), signed into law as a result of the 75th Texas Legislature
(1997), provides for the department's processing of such search requests.
This proposed rule promulgates policies and procedures to conduct the NDR
searches.
Subsequent to the enactment of Texas Transportation Code, §521.056(d),
and effective October 1, 1997, the department in accordance with amendments
to 49 United States Code (USC) 30305, began processing similar NDR search
requests (without the fee requirement) on behalf of current or prospective
employers of individuals employed or seeking employment as air carrier pilots.
49 USC 30305, or the NDR Act of 1982, was amended as a result of the signing
of The Pilot Records Improvement Act of 1996, Public Law 104-264, 110 Statutes
at Large 3259 (1996). This proposed rule seeks to establish the same fee and
processing requirements for air carrier employer NDR search requests, as that
provided for motor vehicle or railway locomotive operators, under Texas Transportation
Code, §521.056(d).
Tom Haas, Chief of Finance, has determined that for each year of the first
five years the rule is in effect there will be an increase in revenue to state
government as a result of enforcing or administering the section. However,
the department is unable to accurately project the fiscal impact to state
government. There will be no fiscal implications for local government as a
result of enforcing or administering the section.
Mr. Haas 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 section will be to ensure that costs for processing and searching of nonstandard
records will be assessed to those utilizing the service and not be imposed
to the tax-paying public. The anticipated economic cost to individuals who
are required to comply with the section as proposed will be a $4.00 inquiry
fee for each NDR search requested. The anticipated economic cost for small
or large businesses will be the $4.00 inquiry fee for each NDR search requested.
No effect on local employment is anticipated.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The new section is proposed pursuant to Texas Government Code,
§411.006(4) which provides the director with the authority to adopt rules,
subject to commission approval, considered necessary for the control of the
department.
Texas Government Code, §411.006(4) is affected by this proposal.
§1.131. Fee for National Driver Register (NDR) Search.
(a)
In accordance with Texas Transportation Code, §521.056(d)
and 49 USC 30305, the required fee for requests received on the department's
proscribed form will be $4.00 per request.
(b)
All requests will be reviewed for completeness upon receipt.
A request may be rejected for any of the following reasons:
(1)
$4.00 fee not submitted with request;
(2)
name and driver's license number or name and date
of birth do not match;
(3)
driver/operator signature and notarization not present;
(4)
failure to indicate whether driver/operator is a
motor vehicle operator, locomotive railway operator, or pilot applicant;
(5)
failure to include employer name or address;
(6)
employer name or address not legible;
(7)
driver not licensed in Texas, as required, for motor
vehicle operator or locomotive operator request;
(8)
completed form not legible;
(9)
more information needed to positively identify driver/operator;
or
(10)
other reasons as necessary for inquiry or documentation
purposes.
(c)
In any instance where the department finds cause to reject
a request, a "reject form" will be completed and returned to the requesting
employer with a copy of the original NDR request form.
(d)
The $4.00 fee will be required for every NDR request,
whether an original request or "corrected" request.
(e)
Requests under the NDR on behalf of current or prospective
employers of individuals employed or seeking employment as air carrier pilots
will be processed in the same manner as that described for operators of motor
vehicles or railway locomotive operators in Texas Transportation Code, §521.056,
and in accordance with 49 USC 30305. The Pilot Records Improvement Act of
1996, Public Law 104-264, Statutes at Large 3259 (1996), §502, amending
the NDR Act of 1982 (49 USC 30305) require air carriers, prior to hiring an
individual as a pilot, to request and receive from the NDR pertinent records
concerning the motor vehicle driving record of the individual being considered
for hiring.
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 13, 1999.
TRD-9900196
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 424-2135
Chapter 95.
Youth Discipline
Subchapter A. Disciplinary Practices
37 TAC §95.9
The Texas Youth Commission (TYC) proposes an amendment to
§95.9, concerning parole revocation consequence. The amendment adds a
reference to the classification of Violator of Conduct Indicating a Need for
Supervision (CINS) Probation. The amendment provides that CINS will be subject
to same parole revocation criteria as youth classified as general offenders.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be greater protection for the public. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the section as proposed. No private real property
rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
concerning determination of treatment, which provides the Texas Youth Commission
with the authority to order the child's confinement under conditions it believes
best designed for the child's welfare and the interests of the public.
The proposed rule implements the Human Resource Code, §61.034.
§95.9.Parole Revocation Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
revocation of parole status as a disciplinary consequence for behavior that
presents an unacceptable risk to the safety of persons and property. Parole
revocation is considered a major consequence.
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(2)
Additional procedures and restrictions are applied
prior to any movement of a sentenced offender youth. See (GAP) §85.29
of this title (relating to Program Completion and Movement). Also see (GAP)
§85.37 of this title (relating to Sentenced Offender Disposition).
(c)
Explanation of Terms Used. A high risk offense is any major
rule violation which may result in a classification other than general offender
or violator of CINS probation.
(d)
Criteria and Disposition.
(1)
Parole will be revoked if it is found at a level I hearing
that a youth has:
(A)
committed a high risk offense;
(B)
committed a felony; or
(C)
committed any major rule violation and has previously been
classified for a high-risk offense.
(2)
Parole of a general offender
or a violator
of CINS probation
is revoked if it is found at a level I hearing that
the
youth
[
(A)
the violation was committed, in whole or in part, within
90 days of imposition of a less severe disciplinary consequence; or
(B)
the youth
is a threat to the safety of persons
or property.
(3)
If extenuating circumstances are found incident
to a high risk offense, parole is revoked, but the high risk classification
may be waived pursuant to (GAP) §85.23 of this title (relating to Classification).
(4)
If extenuating circumstances are found incident to
any violation other than a high risk offense, parole is not revoked. See extenuating
circumstances discussed in (GAP) §85.23 of this title (relating to Classification).
(5)
If criteria for revocation are not established at
a level I hearing, the youth's parole is not revoked, but lesser disciplinary
consequences may be imposed for any rule violation(s) proved at the hearing.
(e)
Restrictions.
(1)
A level I hearing is required in order to revoke a youth's
parole status.
(2)
Unless otherwise requested in writing by local authorities,
a level I hearing may be held even if TYC staff receive information that criminal
or delinquent proceedings against the youth are planned or anticipated by
local authorities.
(3)
If a youth is on parole from another state and is
being supervised by Texas Youth Commission (TYC) under agreement with the
other state, a parole revocation hearing is held by TYC and the youth returned
to the sending state, coordinated by the interstate compact administrator
and general counsel.
(4)
If a TYC parolee commits an offense in another state,
the return of such youth is coordinated by the interstate compact administrator
and the general counsel. A parole revocation hearing is coordinated by and
held at the request of the assigned parole officer.
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 12, 1999.
TRD-9900165
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 424-6244
Chapter 259.
New Construction Rules
The Texas Commission on Jail Standards proposes new §§259.328-259.359,
concerning New Medium Security Design, Construction and Furnishing Requirements,
the repeal of §§259.428-259.460 and new §§259.428-259.455,
concerning New Minimum Security Design, Construction and Furnishing Requirements,
and new §§259.732-259.771, concerning New Long-Term Incarcerations
Design, Construction and Furnishing Requirements.
Sections 259.328-259.359 and 259.732-259.771 were originally proposed for
repeal and replacement in the October 23, 1998, issue of the
Texas Register
(23 TexReg 10846). At the December 9th board meeting,
the commission voted on adopting these regulations with some of the rules
reverting back to the original numbering system. However, in accordance with
1 TAC, §91.19, concerning numbering schemes, an agency may not adopt
a rule under a different number than what was proposed. Therefore, the Texas
Commission on Jail Standards is withdrawing the new sections that were proposed
in the October 23rd issue and re-proposing them so that the rule numbers are
in consecutive order.
The rules are proposed to provide a standard that is more consistent with
the current trends in jail construction.
Jack E. Crump, executive director, Texas Commission on Jail Standards,
has determined that for the first five-year period the rules are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rules.
Mr. Crump also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be more consistent and updated regulations. There will be no
effect on small businesses. There are no anticipated economic costs to persons
who are required to comply with the rules as proposed.
Comments on the proposal may be submitted to Lynn Weatherby, Texas Commission
on Jail Standards, P.O. Box 12985, Austin, Texas 78711.
Subchapter D. New Medium Security Design, Construction and Furnishing Requirements
37 TAC §§259.328-259.359
The new rules are proposed under Government Code, Chapter
511, 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.
§259.328.Multiple Occupancy Cells.
Multiple occupancy cells shall contain two to eight bunks and not less
than 40 square feet of clear floor space for the first bunk plus 18 square
feet of clear floor space for each additional bunk. Each multiple occupancy
cell shall have one toilet and lavatory. Multiple occupancy cells should not
be provided in direct supervision facilities.
§259.329.Dormitories.
Dormitories shall contain 9 to 48 bunks. Dormitories shall contain
not less than 40 square feet of clear floor space for the first bunk plus
18 square feet of clear floor space for each additional bunk. Each dormitory
shall have adequate toilets, lavatories, and may include showers.
§259.330.Day Rooms.
All single cells, multiple occupancy cells, and dormitories shall be
provided with day room space. Separation cells, violent cells, holding cells,
and medical cells are exempt from this requirement. Day rooms shall be designed
for no more than 48 inmates. Based on the design capacity of the cells served,
the day rooms shall contain: not less than 40 square feet of clear floor space
for the first inmate plus 18 square feet of clear floor space for each additional
inmate; a sufficient number of toilets, lavatories, and showers as approved
by the Commission, mirrors, seating, and tables. A utility sink should be
provided. Convenient electrical receptacles circuited with ground fault protection
shall be provided. Power to receptacles should be individually controlled
outside of the day room.
§259.331.Dimensions.
All cells and day rooms shall be not less than eight feet from finished
floor to ceiling and five feet-six inches from wall to wall. Cells containing
over/under bunk units shall be measured from center line of units to wall.
Corridors shall be not less than four feet wide.
§259.332.Safety Vestibules.
Safety vestibules shall be provided for each inmate housing area and
day room used for confinement of three or more inmates. No more than four
living areas shall be served by one vestibule. All entrances through the security
perimeter from administrative and/or public areas shall be provided with a
safety vestibule.
(1)
Safety vestibules shall have one or more interior doors
and a main entrance door.
(2)
Interior doors shall be arranged to be locked and
unlocked by control means located outside of the inmate living area and safety
vestibule.
(3)
Where doors have an interlocking security feature,
provisions shall be made for an override capability in the event an emergency
requires both doors to be opened simultaneously.
§259.333.Furnishings for Inmate Housing Areas.
(a)
Bunks. Bunks shall be fire resistive and securely anchored.
The mattress surface of the bunk shall measure not less than 2' 3" wide and
6' 3" long.
(b)
Toilets and Lavatories. Detention type toilets and lavatories
shall be provided in cells and day rooms. In direct supervision living areas,
they shall be constructed in such manner and of such material so as to resist
vandalism. Based on design capacity, each cell and day room shall provide
1 toilet and lavatory capable of providing drinking water for each group or
increment of 8 inmates.
(c)
Showers. Shower areas shall be not less than 2' 6" square
per showerhead and not less than 7' 0" high. Construction shall be of vandal
resistive materials and should be of materials which resist the action of
soap and water. Drying areas of not less than 2' 6" square sloped to a drain
should be provided adjoining the shower entrance. Based on design capacity,
each day room, unless otherwise approved by the Commission, shall provide
1 shower for each group or increment of 12 inmates.
(d)
Tables and Seating. Tables and seating shall be constructed
of materials which will resist vandalism. They shall be fire resistive, securely
anchored, and reasonably remote from toilet areas. Tables and seating in direct
supervision day rooms are not required to be anchored. Tables and benches
shall be not less than 12" wide, and linear seating shall be not less than
18 continuous inches per person. Stools shall be not less than 12" in diameter.
Seating height of 17" to 19" shall be provided.
(e)
Privacy Shields. Inmate toilet and shower areas in dormitories,
multiple occupancy cells, single occupancy cells, holding cells, and day rooms
shall be configured or equipped to provide reasonable privacy from exposure
to persons outside the cell. Privacy shields shall extend from about 15" above
the finished floor to about 5' high and shall be securely anchored.
(f)
Mirrors. Mirrors shall be constructed of unbreakable material.
Mirrors shall be provided above lavatories in day rooms. and separation cells.
§259.334.Walls.
Walls should be constructed to resist vandalism and facilitate ease
of maintenance. Exterior and interior walls within inmate housing and activity
areas shall be constructed as follows:
(1)
Exterior walls:
(A)
a minimum 8" concrete block vertically reinforced by #3
bars 8" on center and all cells filled with 2,500 psi grout; or
(B)
a minimum 4" thick concrete plank reinforced with #4 bars
8" on center each way; or
(C)
a minimum 3/16" thick steel plate.
(2)
Interior walls:
(A)
a minimum 6" concrete block vertically reinforced by #3
bars 8" on center and all cells filled with 2,500 psi grout; or
(B)
a minimum 4" thick concrete plank reinforced with #4 bars
8" on center each way; or
(C)
a minimum 3/16" thick steel plate. Innovative design concepts
are encouraged and comparable materials and methods approved by the Commission
may be utilized for exterior and interior wall construction.
§259.335.Floors.
Floors should provide a high resistance to wear and moisture. A nonslip
surface shall be provided at the entrance to all shower areas.
§259.336.Ceilings.
Ceilings within inmate housing areas shall be constructed of a minimum
4" thick concrete plank reinforced with #4 bars 8" on center each way or a
minimum 10 gauge steel plate. Innovative design concepts are encouraged and
comparable materials and methods approved by the Commission may be utilized
for ceiling construction.
§259.337.Vermin Control.
Facility construction shall protect against the entrance and infestation
of vermin. Materials and construction design shall contribute to efficient
maintenance and housekeeping.
§259.338.Windows and Screens.
Operable windows shall be equipped with insect screens. The security
level of windows in inmate occupied areas shall be commensurate with the security
of the walls. Windows or skylights should be provided in inmate living and
activity areas.
§259.339.Vent Grilles.
Vent grilles in walls and ceilings shall be commensurate with the security
sought to be achieved. Vent grilles shall be securely anchored.
§259.340.Food Passes.
Food passes should not be less than 15 inches wide and four and one-half
inches high. Lockable shutters should be provided to prevent passage of contraband.
§259.341.Detention Doors.
Doors may be of any material commensurate with the degree of security
sought to be achieved. Doors shall be equipped with appropriate hardware and
accessories to achieve the degree of security sought. All cell doors shall
be not less than 28 inches in clear width and not less than six feet-eight
inches high.
§259.342.Door Stops.
Door stops shall be provided for all detention doors and shall be placed
to maintain a minimum of six inches between the leading edge of the door and
the wall. Door closers manufactured with integral door stops may be used.
§259.343.Door Closers.
Door closers for all detention swinging doors shall be appropriate
for the weight of the door.
§259.344.Keys and Locks.
Keys and locks for detention doors shall be manufactured especially
for detention use and keys shall be mogul or paracentric type. An additional
set of keys shall be maintained by the operator.
§259.345.Key Cabinets.
Key cabinets should be provided at suitable locations.
§259.346.Power Operated Locks.
Power operated locks shall be motor, solenoid, or pneumatic type and
provide electrical control unlocking, key unlocking by manual operation, and
automatic mechanical deadlocking of doors upon closing. A door position switch
and door position indicator shall be provided for all doors equipped with
power operated locks. Heavy-duty, detention type door closers should be provided
on all swinging doors equipped with power operated locks.
§259.347.Remote Controls.
Doors to single cells, multiple occupancy cells, dormitories, and day
rooms shall be capable of being locked and unlocked individually by control
means located remote from the cell area. Single cells with contiguous day
room and separation cells which open directly on an exiting corridor are exempt
from this requirement. All remote door controls shall be secure.
§259.348.Emergency Operation of Doors.
All doors to cells and day rooms shall be capable of being unlocked
by a manual means at the door or a remote location.
§259.349.Access Doors.
All plumbing and mechanical access doors and panels shall be constructed
and secured with locks or vandal resistive screws commensurate to the security
sought to be achieved.
§259.350.Temperature Control.
Temperature levels shall be reasonably maintained between 65 degrees
Fahrenheit and 85 degrees Fahrenheit in all occupied areas.
§259.351.Air Flow.
Ventilation shall be sufficient to admit fresh air and remove disagreeable
odors. A sufficient number of windows capable of being opened, or a mechanical
ventilation system provided with emergency electrical power, shall be provided
in order to allow for sufficient ventilation in case of breakdown in the normal
ventilation system or normal power failure.
§259.352.Plumbing.
Plumbing work shall meet the requirements of the International Plumbing
Code, or equivalent. Warm and cold water shall be provided at all lavatories
and warm water shall be provided at all showers. Warm water temperature shall
be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied
areas shall have quick shut off capability.
§259.353.Sinks.
Sufficient mop sinks with hot and cold water shall be provided within
the security perimeter and administrative area.
§259.354.Faucets.
Cold water faucets with standard hose connections shall be provided
in plumbing access space or corridors. Distance between hose connections shall
not be more than 100 feet apart.
§259.355.Floor Drains.
Floor drains shall be located throughout the facility so as to reduce
the possibility of flooding. Floor drains shall be provided in every area
where toilets, lavatories, or showers are located. Drain covers shall be provided
and securely anchored with vandal resistive screws.
§259.356.Lighting.
Adequate illumination shall be provided throughout the cells and day
rooms. An illumination level of 20 foot candles shall be provided at mirrors
and tables. Master light controls for cells and day rooms and electrical conduit
shall be out of reach of inmates. Inmates should be capable of controlling
some lighting; override capability shall be provided. Security detention type
lighting shall be provided in the inmate housing areas and vandal resistive
lighting in inmate occupied areas. Night lights sufficient to permit continuous
observation shall be provided. Control areas and means of egress shall be
continuously illuminated. Exteriors of buildings and all entrances shall be
lighted sufficiently to observe approaching persons.
§259.357.Audible Communication.
Two-way voice communication shall be available at all times between
inmates and corrections officers.
§259.358.Television Monitoring.
Closed circuit television monitoring may be provided to supplement
control and security functions. View of toilet and shower areas shall not
be allowed except in medical and special observation areas.
§259.359.Electrical Power.
Electrical installation shall comply with state and local codes and
ordinances. Facilities shall have adequate electrical receptacles in corridors
or chases for food carts, janitorial, and maintenance equipment.
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
15, 1999.
TRD-9900251
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 463-5505
37 TAC §§259.428-259.460
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Jail Standards or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Government Code, Chapter
511, 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.
§259.428.Single Cells.
§259.429.Multiple Occupancy Cells.
§259.430.Dormitories.
§259.431.Day Rooms.
§259.432.Separation Cells.
§259.433.Holding Cells.
§259.434.Detoxification Cells.
§259.435.Violent Cells.
§259.436.Dimensions.
§259.437.Furnishings for Inmate Housing Areas.
§259.438.Walls.
§259.439.Floors.
§259.440.Ceilings.
§259.441.Vermin Control.
§259.442.Windows and Screens.
§259.443.Food Passes.
§259.444.Doors.
§259.445.Door Stops.
§259.446.Door Closers.
§259.447.Keys and Locks.
§259.448.Key Cabinets.
§259.449.Power Operated Locks.
§259.450.Emergency Operation of Doors.
§259.451.Temperature Control.
§259.452.Air Flow.
§259.453.Plumbing.
§259.454.Sinks.
§259.455.Faucets.
§259.456.Floor Drains.
§259.457.Lighting.
§259.458.Audible Communication.
§259.459.Television Monitoring.
§259.460.Electrical Power.
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
15, 1999.
TRD-9900252
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 463-5505
Part III.
Texas Youth Commission
general offender
] has committed a major rule
violation; and
Part IX.
Texas Commission on Jail Standards
Subchapter E. New Minimum Security Design, Construction and Furnishing Requirements