TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 93. YOUTH RIGHTS AND REMEDIES

37 TAC §93.33

(Editor's note: The Texas Youth Commission proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.)

The Texas Youth Commission (TYC) proposes an amendment to the §93.33, concerning Alleged Mistreatment. TYC is simultaneously proposing an emergency amendment in this publication of the Texas Register . Alleged mistreatment investigation reports are governed by Chapter 261 of the Family Code . The amendment to the rule will clarify the type of confidential information that will be deleted from an alleged mistreatment investigation report prior to providing the report to an employee against whom disciplinary action has been taken. Certain information can be provided on written request by the employee. Position title no longer used are also being corrected.

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 to increase efficiency in agency service. 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 Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas, 78765.

The amendment is proposed under the Human Resources Code, §61.045, which provides the Texas Youth Commission with the authority to develop programs for the welfare, custody and rehabilitation of youth in its jurisdiction.

The proposed rule implements the Human Resource Code, §61.034, regarding making rules appropriate to the accomplishments of the agency's functions.

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 April 18, 2000.

TRD-200002728

Steve Robinson

Executive Director

Texas Youth Commission

Earliest possible date of adoption: June 4, 2000

For further information, please call: (512) 424-6244