TITLE 1.ADMINISTRATION

Part 1. OFFICE OF THE GOVERNOR

Chapter 3. CRIMINAL JUSTICE DIVISION

The Office of the Governor recently reviewed the rules affecting the Criminal Justice Division grant processes and procedures. As a result of this review, the Office of the governor adopts the repeal of a number of existing rules and adopts new rules to replace them. Both the repealed and the new rules relate to all aspects of Criminal Justice Division grants from community planning to grant applications to post-award management and monitoring. The new rules, §3.83 and §3.703 are adopted with changes to the proposed text as published in the December 24, 1999, issue of the Texas Register (24 TexReg 11617).

The Office of the Governor adopts the repeal of Chapter 3, Subchapter A, §3.1, §3.5; Chapter 3, Subchapter B, §3.100, §3.105, §3.110, §3.115, §3.120, §3.130, §3.135, §3.140, §3.150, §3.160, §3.165, §3.180, §3.185, §3.190, §3.200, §3.205, §3.210, §3.215, §3.220, §3.230, §3.235, §3.240, §3.250, §3.260, §3.280, §3.285, §3.290, §3.295, §3.300, §3.305, §3.310, §3.315, §3.320, §3.330, §3.335, §3.340, §3.350, §3.380, §3.385, §3.390, §3.395, §3.400, §3.405, §3.410, §3.415, §3.420, §3.430, §3.435, §3.440, §3.450, §3.480, §3.485, §3.490, §3.495, §3.500, §3.505, §3.510, §3.515, §3.520, §3.530, §3.535, §3.540, §3.545, §3.550, §3.560, §3.570, §3.580, §3.585, §3.590, §3.600, §3.605, §3.610, §3.615, §3.620, §3.630, §3.635, §3.640, §3.645, §3.655, §3.680, §3.685, §3.690, §3.695, §3.696, §3.700, §3.705, §3.710, §3.715, §3.720, §3.730, §3.735, §3.740, §3.760, §3.770, §3.780, §3.785, §3.797, §3.900, §3.905, §3.910, §3.915, §3.920, §3.930, §3.935, §3.940, §3.945, §3.950, §3.960, §3.970, §3.980, §3.985, §3.990, §3.1000, §3.1005, §3.1010, §3.1015, §3.1020, §3.1030, §3.1035, §3.1040, §3.1050, §3.1060, §3.1080, §3.1085, §3.1090, §3.1100, §3.1105, §3.1110, §3.1115, §3.1120, §3.1130, §3.1135, §3.1140, §3.1165, §3.1180, §3.1185, §3.1190; and Chapter 3, Subchapter C, §3.2000, §3.2001, §3.2005, §3.2010, §3.2015, §3.2020, §3.3045, §3.3050, §3.3055, §3.3060, §3.3065, §3.3066, §3.3067, §3.3070, §3.3075, §3.4000, §3.4005, §3.4010, §3.4015, §3.4020, §3.4025, §3.4035, §3.4040, §3.4050, §3.4055, §3.4060, §3.4070, §3.4075, §3.4080, §3.4085, §3.4095, §3.4100, §3.4105, §3.4110, §3.4115, §3.4120, §3.4125, §3.4135, §3.4140, §3.4145, §3.4155, §3.4160, §3.4165, §3.4170, §3.4175, §3.4180, §3.5000, §3.5004, §3.5005, §3.6000, §3.6005, §3.6010, §3.6015, §3.6020, §3.6025, §3.6030, §3.6035, §3.6040, §3.6045, §3.6050, §3.6055, §3.6060, §3.6065, §3.6070, §3.6075, §3.6080, §3.6085, §3.6090, §3.6095, §3.6100, §3.6105, §3.6110, §3.6115, §3.6120, §3.7000, §3.7010, §3.7015, §3.7020, §3.8000 without changes as published in the December 24, 1999, issue of the Texas Register (24 TexReg 11617). Subchapter A concerns the Criminal Justice Division -- General Powers. Subchapter B concerns Fund Specific Grant Policies. Subchapter C concerns General Eligibility Requirements.

The Office of the Governor adopts new Chapter 3, Subchapter A, §3.1, §3.3, §3.5, §3.7, §3.9, §3.11, §3.13, §3.15, §3.17, §3.19, §3.21; Chapter 3, Subchapter B, §3.51, §3.53, §3.55, §3.57, §3.71, §3.73, §3.75, §3.77, §3.79, §3.81, §3.85, §3.87; Chapter 3, Subchapter C, §3.101, §3.103, §3.105, §3.111, §3.201, §3.203, §3.205, §3.301, §3.303, §3.305, §3.307, §3.311, §3.401, §3.403, §3.405, §3.501, §3.503, §3.505, §3.507, §3.509, §3.511, §3.601, §3.603, §3.605, §3.609, §3.611, §3.613, §3.701, §3.705, §3.707, §3.709, §3.711, §3.713, §3.715, §3.717, §3.719, §3.721, §3.723, §3.801, §3.803, §3.805, §3.807, §3.809, §3.811, §3.901, §3.903, §3.905, §3.907, §3.1001, §3.1003, §3.1005, §3.1101, §3.1103, §3.1105, §3.1107, §3.1109, §3.1201, §3.1203, §3.1205, §3.1207, §3.1209, §3.1301, §3.1303, §3.1305, §3.1309, §3.1401, §3.1403, §3.1405, §3.1409, §3.1413, §3.1415, §3.1501, §3.1503, §3.1505, §3.1507, §3.1509; Chapter 3, Subchapter D, §3.2001, §3.2003, §3.2005, §3.2007, §3.2009, §3.2013, §3.2017, §3.2019, §3.2021, §3.2023; Chapter 3, Subchapter E, §3.2501, §3.2503, §3.2505, §3.2507, §3.2509, §3.2511, §3.2513, §3.2515, §3.2517, §3.2519, §3.2521, §3.2523, §3.2525, §3.2527, §3.2529; and Chapter 3, Subchapter F, §3.2601, §3.2603, §3.2605, §3.2607 without changes as published in the December 24, 1999, issue of the Texas Register and will not be republished. Subchapter A concerns General Grant Program Provisions. Subchapter B concerns General Grant Program Policies. Subchapter C concerns Fund-Specific Grant Policies. Subchapter D concerns Conditions of Grant Funding. Subchapter E concerns Administering Grants. Subchapter F concerns Program Monitoring and Audits.

The rules being repealed and the newly adopted rules relate to the processes and procedures governing all aspects of grants made through the Criminal Justice Division. The processes and procedures include but are not limited to community planning, application submission, awarding of grants, grant administration, and program monitoring and auditing. The rules being repealed had been adopted and amended over many years as new sources of funds became available, state and federal laws regulating the use of grant funds changed, and practices for awarding and monitoring grants evolved. As a result, rather than a coherent overall framework, the rules had become fragmented and addressed issues in a piecemeal manner. These problems were identified during the rule review process and a recommendation was made to repeal the existing rules in their totality and to adopt an entirely new set of rules which were written to provide as much uniformity as possible across funding sources while still addressing fund specific differences. The newly adopted rules are the end product of this process.

Changes to the rules as proposed were non-substantive. Section 3.83(d)(2) is amended by changing the word "anyway" to the phrase "any way". Section 3.703 is amended by substituting a colon in place of the period after the word "area". These changes are merely technical in nature.

The public benefits anticipated as a result of enforcing the rules include the following:

The new rules will provide more uniformity in the grant process which will streamline the grant application, award, and administration functions as well as improving overall grant management.

The benefits to state and local governments and grant recipients include less paperwork, reduced use of clerical and administrative resources, and greater overall efficiency. The state will also benefit because it will allow more resources to be devoted to monitoring grants after they have been awarded. The result will be a more effective and responsive system of funding criminal justice projects and programs throughout Texas.

ADOPTED NEW SUBCHAPTER A

This subchapter contains the rules relating to general grant program provisions.

Section 3.1 outlines the applicability of the rules. Section 3.3 defines certain terms used throughout the rules. Section 3.5 describes the grant submission process. Section 3.7 describes the selection process. Section 3.9 addresses grant funding decisions. Section 3.11 sets out timelines and a process for grant acceptance. Section 3.13 establishes a procedure for appealing award decisions. Section 3.15 describes the appeals process. Section 3.17 sets out special requirements for grants receiving federal funds. Section 3.19 sets out adoptions by reference. Section 3.21 provides for use of the internet.

ADOPTED NEW SUBCHAPTER B

This subchapter contains rules relating to eligibility requirements.

Section 3.51 sets out the requirements for community plans. Section 3.53 establishes the parameters of juvenile justice and youth projects. Section 3.55 establishes the parameters of criminal justice projects. Section 3.57 places certain limitations on the years of funding. Section 3.71 sets out CJD's authority with regard to grant budgets. Section 3.73 establishes a matching funds policy. Section 3.75 governs personnel. Section 3.77 regulates the use of professional and contractual services. Section 3.79 sets out limitations and conditions on transportation, travel, and training. Section 3.81 addresses issues relating to equipment. Section 3.83 addresses issues relating to supplies and direct operating expenses. Section 3.85 governs the handling of indirect costs. Section 3.87 governs the use of program income.

ADOPTED NEW SUBCHAPTER C

This subchapter contains rules relating to fund-specific grant policies.

Sections 3.101 - 3.111 set out the policies relating specifically to the State Criminal Justice Planning (421) Fund including the source and purpose of the fund, project requirements, eligible applicants, and renovation and retrofitting. Sections 3.201 - 3.205 set out the policies relating to the Juvenile Justice and Delinquency Prevention Act Fund including the source and purpose, project requirements, and eligible applicants. Sections 3.301 - 3.311 set out the policies relating to Title V Delinquency Prevention including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, and years of funding. Sections 3.401 - 3.405 set out the policies relating specifically to the Safe and Drug-Free Schools and Communities Act Fund including the source and purpose of the fund, project requirements, and eligible applicants. Sections 3.501 - 3.511 set out the policies relating specifically to the Victims of Crime Act Fund including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, indirect costs, and ineligible activities and costs. Sections 3.601 - 3.613 set out the policies relating to the Crime Stoppers Assistance Fund including the source and purpose of the fund, project requirements, eligible applicants, indirect costs, ineligible expenses, and expense reimbursement. Sections 3.701 - 3.723 set out the policies relating to the Texas Narcotics Control program including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, indirect costs, years of funding, personnel, equipment, confidential funds, program income, grant officials, and responsibility for grants. Sections 3.801 - 3.811 set out the policies relating to the Local Law Enforcement Block Grant Program including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, indirect costs, and program income. Sections 3.901 - 3.907 set out the policies relating to the Violence Against Women Act Fund including the source and purpose of the fund, project requirements, eligible applicants, and matching funds policy. Sections 3.1001 - 3.1005 set out the policies relating to the Challenge Grant Program including the source and purpose of the fund, project requirements, and eligible applicants. Sections 3.1101 - 3.1109 set pit the policies relating to the Residential Substance Abuse Treatment for State Prisoners Grant Program including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, and indirect costs. Sections 3.1201 - 3.1209 set out the policies relating to the Juvenile Accountability Incentive Block Grant Program including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, and indirect costs. Sections 3.1301 - 3.1309 set out the policies relating to the enforcement of underage drinking laws including the source and purpose of the fund, project requirements, eligible applicants, and indirect costs. Sections 3.1401 - 3.1415 set out the policies relating to the Rural Domestic Violence and Child Victimization Enforcement Program including the source and purpose of the fund, project requirements, eligible applicants, indirect costs, grant period, and professional and contractual services. Sections 3.1501 - 3.1509 set out the policies relating to the Closed Circuit Televising of Testimony Program including the source and purpose of the fund, project requirements, eligible applicants, matching funds policy, and indirect costs.

ADOPTED NEW SUBCHAPTER D

This subchapter contains rules relating to conditions of grant funding.

Section 3.2001 establishes CJD's authority to set grant conditions. Section 3.2003 requires all applicants for VOCA fund to include a civil rights liaison certification. Section 3.2005 requires all grant applications under TNCP to include a signed certification of drug testing. Section 3.2007 sets out the requirements for confidential funds certification. Section 3.2009 governs cooperative working agreements. Section 3.2013 establishes pre-approval requirements for procurement. Section 3.2017 requires applications for multi-jurisdictional task forces under TNCP to include the appropriate district attorney contracts and sets out the standards for those contracts. Section 3.2019 requires all applications for multi-jurisdictional task forces under TNCP to include interagency agreements with each agency which will receive reimbursement from grant funds. Section 3.2021 mandates that all applications, except those from state agencies, must include a resolution from the governing body. Section 3.2023 requires certain nonprofit corporations to submit tax exempt and nonprofit information.

ADOPTED NEW SUBCHAPTER E

This subchapter contains rules relating to administering grants.

Section 3.2501 sets out the requirements for grant officials. Section 3.2503 addresses the issue of obligating funds. Section 3.2505 governs retention of records. Section 3.2507 sets out the requirements for expenditure reports. Section 3.2509 sets out the requirement for inventory reports. Section 3.2511 establishes the parameters for submitting requests for funds. Section 3.2513 governs grant adjustments. Section 3.2515 sets out the requirements for bonding and insurance. Section 3.2517 establishes remedies for noncompliance. Section 3.2519 establishes a procedure for grant termination. Section 3.2521 addresses the payment of outstanding liabilities. Section 3.2523 addresses the issue of violations of laws. Section 3.2525 provides for evaluating project effectiveness. Section 3.2527 mandates the submission of grantee reports. Section 3.2529 addresses the issue of grant management.

ADOPTED NEW SUBCHAPTER F

This subchapter contains rules relating to program monitoring and audits.

Section 3.2601 addresses monitoring. Section 3.2603 sets out requirements for audits not performed by CJD. Section 3.2605 establishes the process for making and appealing initial determinations. Section 3.2607 governs management decisions.

COMMENTS

No public comments were received on either the repealed or new sections.

Subchapter A. CRIMINAL JUSTICE DIVISION -- GENERAL POWERS

1 TAC §3.1, §3.5

The repeals are adopted under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to adopt rules.

No other statutes, articles or codes are affected by the adopted rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000841

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter B. FUND-SPECIFIC GRANT POLICIES

1. STATE CRIMINAL JUSTICE PLANNING (421) FUND

1 TAC §§3.100, 3.105, 3.110, 3.115, 3.120, 3.130, 3.135, 3.140, 3.150, 3.160, 3.165, 3.180, 3.185, 3.190

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000842

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND

1 TAC §§3.200, 3.205, 3.210, 3.215, 3.220, 3.230, 3.235, 3.240, 3.250, 3.260, 3.280, 3.285, 3.290, 3.295

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000843

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


3. TITLE V DELINQUENCY PREVENTION

1 TAC §§3.300, 3.305, 3.310, 3.315, 3.320, 3.330, 3.335, 3.340, 3.350, 3.380, 3.385, 3.390, 3.395

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000844

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


4. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND

1 TAC §§3.400, 3.405, 3.410, 3.415, 3.420, 3.430, 3.435, 3.440, 3.450, 3.480, 3.485, 3.490, 3.495

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000845

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


5. VICTIMS OF CRIME ACT FUND

1 TAC §§3.500, 3.505, 3.510, 3.515, 3.520, 3.530, 3.535, 3.540, 3.545, 3.550, 3.560, 3.570, 3.580, 3.585, 3.590

The rules are repealed under Texas Government Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000846

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


6. CRIME STOPPERS ASSISTANCE FUND

1 TAC §§3.600, 3.605, 3.610, 3.615, 3.620, 3.630, 3.635, 3.640, 3.645, 3.655, 3.680, 3.685, 3.690, 3.695, 3.696

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000847

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


7. TEXAS NARCOTICS CONTROL PROGRAM

1 TAC §§3.700, 3.705, 3.710, 3.715, 3.720, 3.730, 3.735, 3.740, 3.760, 3.770, 3.780, 3.785, 3.797

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000848

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


8. VIOLENCE AGAINST WOMEN ACT FUND

1 TAC §§3.900, 3.905, 3.910, 3.915, 3.920, 3.930, 3.935, 3.940, 3.945, 3.950, 3.960, 3.970, 3.980, 3.985, 3.990

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000849

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


9. CHALLENGE GRANTS

1 TAC §§3.1000, 3.1005, 3.1010, 3.1015, 3.1020, 3.1030, 3.1035, 3.1040, 3.1050, 3.1060, 3.1080, 3.1085, 3.1090

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000850

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


10. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

1 TAC §§3.1100, 3.1105,, 3.1110, 3.1115, 3.1120, 3.1130, 3.1135, 3.1140, 3.1165, 3.1180, 3.1185, 3.1190

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000851

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter C. GENERAL GRANT PROGRAM POLICIES

1. GENERAL ELIGIBILITY REQUIREMENTS

1 TAC §§3.2000, 3.2001, 3.2005, 3.2010, 3.2015, 3.2020

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000852

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


2. GENERAL GRANT BUDGET REQUIREMENTS

1 TAC §§3.3045, 3.3050, 3.3055, 3.3060, 3.3065, 3.3066, 3.3067, 3.3070, 3.3075

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000853

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


3. SPECIAL CONDITIONS AND REQUIRED DOCUMENTS

1 TAC §§3.4000, 3.4005, 3.4010, 3.4015, 3.4020, 3.4025, 3.4035, 3.4040, 3.4050, 3.4055, 3.4060, 3.4070, 3.4075, 3.4080, 3.4085, 3.4095, 3.4100, 3.4105, 3.4110, 3.4115, 3.4120, 3.4125, 3.4135, 3.4140, 3.4145, 3.4155, 3.4160, 3.4165, 3.4170, 3.4175, 3.4180

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000854

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


4. AWARD AND GRANT ACCEPTANCE

1 TAC §§3.5000, 3.5004, 3.5005

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000855

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


5. ADMINISTERING GRANTS

1 TAC §§3.6000, 3.6005, 3.6010, 3.6015, 3.6020, 3.6025, 3.6030, 3.6035, 3.6040, 3.6045, 3.6050, 3.6055, 3.6060, 3.6065, 3.6070, 3.6075, 3.6080, 3.6085, 3.6090, 3.6095, 3.6100, 3.6105, 3.6110, 3.6115, 3.6120

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000856

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


6. PROGRAM MONITORING AND AUDITS

1 TAC §§3.7000, 3.7010, 3.7015, 3.7020

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000857

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


7. GOVERNING DIRECTIVES

1 TAC §3.8000

The rules are repealed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to repeal rules.

No other statutes, articles or codes are affected by these repealed rules.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000858

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Chapter 3. CRIMINAL JUSTICE DIVISION

Subchapter A. GENERAL GRANT PROGRAM PROVISIONS

1 TAC §§3.1, 3.3, 3.5, 3.7, 3.9, 3.11, 3.13, 3.15, 3.17, 3.19, 3.21

The new rules are adopted under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000820

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter B. GENERAL GRANT PROGRAM POLICIES

1. ELIGIBILITY REQUIREMENTS

1 TAC §§3.51, 3.53, 3.55, 3.57

The new rules are adopted under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

Filed with the Office of the Secretary of State on February 24, 2000.

TRD-200000821

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


2. GRANT BUDGET REQUIREMENTS

1 TAC §§3.71, 3.73, 3.75, 3.77, 3.79, 3.81, 3.83, 3.85, 3.87

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

§3.83. Supplies and Direct Operating Expenses.

(a)

Supplies and direct operating expenses are costs directly related to the grantee's day-to-day operation of the grant project that are not included in any of the grantee's other budget categories, that have a useful life of less than one year, and that have an acquisition cost of less than $1,000 per unit. Allowable costs for supplies and direct operating expenses include office rent, utilities, office supplies, shared usage costs of office equipment, vehicle operating expenses, fidelity bonds, paper, printing, postage, classroom instructional supplies, production costs for public service announcements, educational resource materials, vehicle leases, confidential funds, and emergency clothing purchases for juveniles referred to court.

(b)

Grantees may not use grant funds to promote a project through paid advertisements or for promotional gifts.

(c)

CJD will not approve grant funds to purchase admission fees or tickets to any amusement park, recreational activity, or sporting event.

(d)

Unless otherwise allowed by this chapter, grantees cannot use grant funds to pay for food, meals, beverages, or other refreshments unless the expense is:

(1)

for a working event where full participation by participants mandates the provision of food and beverages; and

(2)

not related to amusement and/or social activities in any way.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000822

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter C. FUND-SPECIFIC GRANT POLICIES

1. STATE CRIMINAL JUSTICE PLANNING (421) FUND

1 TAC §§3.101, 3.103, 3.105, 3.111

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000823

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND

1 TAC §§3.201, 3.203, 3.205

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000824

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


3. TITLE V DELINQUENCY PREVENTION

1 TAC §§3.301, 3.303, 3.305, 3.307, 3.311

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000825

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


4. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND

1 TAC §§3.401, 3.403, 3.405

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000826

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


5. VICTIMS OF CRIME ACT FUND

1 TAC §§3.501, 3.503, 3.505, 3.507, 3.509, 3.511

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000827

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


6. CRIME STOPPERS ASSISTANCE FUND

1 TAC §§3.601, 3.603, 3.605, 3.609, 3.611, 3.613

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000828

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


7. TEXAS NARCOTICS CONTROL PROGRAM

1 TAC §§3.701, 3.703, 3.705, 3.707, 3.709, 3.711, 3.713, 3.715, 3.717, 3.719, 3.721, 3.723

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

§3.703. Project Requirements.

All projects must meet at least one of the following purpose areas:

(1)

Multi-jurisdictional and multi-county task force projects that integrate federal, state and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination, acquiring intelligence information, and facilitating multi-jurisdictional investigations. TNCP task forces must use the Texas Narcotics Information System (TNIS) and provide input of task force drug intelligence information into the System;

(2)

projects designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivation;

(3)

projects that will improve the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator projects, and gang related and low income housing drug control projects;

(4)

law enforcement and prevention projects that address problems with gangs or youth who are at risk of becoming involved in gangs;

(5)

financial investigation projects that target the identification of money-laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information sharing systems;

(6)

projects that improve the operational effectiveness of the court process by expanding prosecution, defender, and judicial resources and by implementing court delay-reduction programs;

(7)

criminal justice information systems, including automated fingerprint identification systems, that assist law enforcement, prosecution, courts and corrections' organizations;

(8)

innovative projects that demonstrate new and different approaches to the enforcement, prosecution, and adjudication of drug offenses and other serious crimes;

(9)

drug control evaluation projects that state and local units of government may use to evaluate projects directed at state drug-control activities;

(10)

projects to develop and implement antiterrorism training projects and to procure equipment for use by local law enforcement authorities; or

(11)

improving or developing forensic laboratory capability to analyze DNA samples.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000829

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


8. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM

1 TAC §§3.801, 3.803, 3.805, 3.807, 3.809, 3.811

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000830

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


9. VIOLENCE AGAINST WOMEN ACT FUND

1 TAC §§3.901, 3.903, 3.905, 3.907

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000831

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


10. CHALLENGE GRANT PROGRAM

1 TAC §§3.1001, 3.1003, 3.1005

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000832

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


11. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS GRANT PROGRAM

1 TAC §§3.1101, 3.1103, 3.1105, 3.1107, 3.1109

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000833

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


12. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM

1 TAC §§3.1201, 3.1203, 3.1205, 3.1207, 3.1209

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000834

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


13. ENFORCEMENT OF UNDERAGE DRINKING LAWS

1 TAC §§3.1301, 3.1303, 3.1305, 3.1309

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000835

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


14. RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM

1 TAC §§3.1401, 3.1403, 3.1405, 3.1409, 3.1413, 3.1415

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000836

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


15. CLOSED CIRCUIT TELEVISING OF TESTIMONY PROGRAM

1 TAC §§3.1501, 3.1503, 3.1505, 3.1507, 3.1509

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000837

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter D. CONDITIONS OF GRANT FUNDING

1 TAC §§3.2001, 3.2003, 3.2005, 3.2007, 3.2009, 3.2013, 3.2017, 3.2019, 3.2021, 3.2023

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000838

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter E. ADMINISTERING GRANTS

1 TAC §§3.2501, 3.2503, 3.2505, 3.2507, 3.2509, 3.2511, 3.2513, 3.2515, 3.2517, 3.2519, 3.2521, 3.2523, 3.2525, 3.2527, 3.2529

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000839

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Subchapter F. PROGRAM MONITORING AND AUDITS

1 TAC §§3.2601, 3.2603, 3.2605, 3.2607

The new rules are proposed under Texas Government Code, Title 7, §772.006(a)(11), which provides the Office of the Governor, Criminal Justice Division the authority to propose new rules.

No other statutes, articles or codes are affected by these adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 4, 2000.

TRD-200000840

Claudia Nadig

Assistant General Counsel

Office of the Governor

Effective date: February 24, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 463-1955


Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 371. MEDICAID FRAUD AND ABUSE PROGRAM INTEGRITY

Subchapter C. UTILIZATION REVIEW

1 TAC §§371.200 - 371.214

Senate Bill 30, §1.07, 75th Legislative Session transferred the responsibility for utilization review in the state Medicaid program from the Texas Department of Health and the Texas Department of Human Services to the Texas Health and Human Services Commission. In accordance with this transfer, Title 25, Part 1, §§41.101 - 41.105 and 41.107 - 41.113 concerning utilization review will become Title 1, Part 15, §§371.200 - 371.211, effective September 1, 1997. Title 40, Part 1, §§19.1812, 19.2411, and 19.2412 will become Title 1, Part 15, §§371.212 - 371.214, effective September 1, 1997. The rule conversion chart is published in the Tables and Graphic section.

Figure: 1 TAC Chapter 371.

§371.200.Inpatient Hospital Utilization Review Program.

§371.201.Case Selection Process.

§371.202.Contracting for Texas Medical Review Program (TMRP) or Tax Equity and Fiscal Responsibility (TEFRA) Services.

§371.203.Texas Medical Review Program (TMRP) Review Process.

§371.204.TMRP Hospital Screening Criteria for TMRP and TEFRA Reviews.

§371.205.Acknowledgment of Penalty Notice.

§371.206.Denials and Recoupments for Texas Medical Review Program (TMRP) and Tax Equity and Fiscal Responsibility Act (TEFRA) Hospitals.

§371.207.Diagnostic Related Group (DRG) Changes and Adjustments.

§371.208.Appeals Requirements under the Texas Medical Review Program (TMRP) and Tax Equity and Fiscal Responsibility Act (TEFRA), and Hospital Notification.

§371.209.Sanctions under the TMRP and TEFRA.

§371.210.Inpatient Utilization Review for Hospitals Reimbursed under the Tax Equity and Fiscal Responsibility Act (TEFRA) Principles of Reimbursement.

§371.211.Quality of Care Review.

§371.212.Case Mix Classification.

§371.213.Utilization Review and Control Activities Performed by Texas Department of Human Services (DHS).

§371.214.Texas Index for Level of Effort (TILE) Assessments.