Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.1
The Texas Youth Commission (TYC) proposes an amendment to §81.1,
concerning Public Information Request. The amendment to the section will include
that requests for public information will be accepted by fax and by email.
To comply with the statute, TYC staff shall respond to the requests immediately,
without delay. The other change allows 10 days for the legal services department
to determine if a request requires an opinion from the Attorney General.
Don McCullough, Acting 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. McCullough 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 require a prompt response to the public on information
requests. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Government Code Chapter 552.
The proposed rule affects the Human Resource Code, §61.034.
§81.1.Public Information Request.
(a)
Purpose. The purpose of this rule to provide information,
consistent with the Public Information Act, regarding requests for public
information from the agency.
(b)
If not excepted, all information collected, assembled,
or maintained in connection with the transaction of official business is public
information and shall be available to the public during normal business hours.
Forms in which the media containing public information exists includes book,
paper, letter, document, printout, photograph, film, tape, microfiche, microfilm,
photostat, sound recording, map, and drawing and a voice, data, or video representation
held in computer memory [
(c)
All requests should be in writing and should include the
name, address and telephone number of the requester.
Requests will be
accepted by fax and by e-mail.
(d)
TYC staff shall respond
immediately without delay
[
(e)
If the legal services department determines that the
request will require an opinion by the Attorney General as to the releasability
of the requested information, the request to the Attorney General must be
made within ten business days of the receipt of the request for information.
[
(f)
Information requested by a member of the legislature or
a member of a legislative body will be provided at no charge. If the requested
information is confidential it shall remain so in the hands of the requester.
The requester shall complete TYC
Affidavit: confidentiality Agreement
Relating to Release of Public Information
form
,
LS-032 regarding
confidentiality.
(g)
Costs for production of requested documents are based on
guidelines by the General Services Commission. See (GAP) §81.75 of this
title (relating to Copying Costs).
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 March 30, 2001.
TRD-200101892
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 13, 2001
For further information, please call: (512) 424-6301
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.87
The Texas Youth Commission (TYC) proposes an amendment to §91.87
concerning Health Insurance. The amendment to the section makes minor grammatical
changes to clarify the intent of the rule. The purpose of the rule clarifies
that it is a rule to establish procedures for reimbursement of third party
payers for medical care. Other minor changes establish whether a court order
exists for a parent or guardian to provide insurance for a youth.
Don McCullough, Acting 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. McCullough 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 to provide more efficient means of seeking reimbursement
for medical care. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Family Code, §54.06,
which provides the Texas Youth Commission with the authority to collect support
payments as ordered by the court.
The proposed rule affects the Human Resource Code, §61.034.
§91.87.Health Insurance.
(a)
Purpose.
The purpose of this rule is to
establish procedures whereby the Texas Youth Commission (TYC)
[
(b)
TYC staff shall pursue information regarding medical insurance
coverage of youth, including
whether a
court order
exists
for the parent
/guardian
to provide insurance. The information
will be systematically made available to TYC managed health care contractors
and residential contract care providers.
(c)
TYC managed health care contractors will seek reimbursement
for medical care from insurance companies.
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 March, 2001.
TRD-200101879
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 13, 2001
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.13
The Texas Youth Commission (TYC) proposes an amendment to
the §,95.13 concerning On-Site Disciplinary Consequences. The amendment
to the section will clarify the definition of work restitution as a disciplinary
consequence. Work restitution is defined as a voluntary consequence of misbehavior
and not a dollar for dollar relationship between property damage and the labor
performed. The purpose is not to recover actual losses or compensate TYC for
property damage. The work the youth performs is not to exceed eighty hours
of actual work, is to be proportionate to the damage done, and be in furtherance
of the maintenance of the facility.
Don McCullough, Acting 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. McCullough 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 holding youth accountable for their actions
and allowing work restitution to be used as a viable consequence. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to permit certain
liberties under supervision and provide opportunities for rehabilitation methods.
The proposed rule affects the Human Resource Code, §61.034.
§95.13.On-Site Disciplinary Consequences.
(a)
Purpose. The purpose of this policy is to establish a consistent
system for administering less stringent disciplinary consequences to youth
in residential programs for violations of one or more Rules of Conduct. Such
on-site disciplinary consequences are considered minor consequences.
(b)
Applicability.
(1)
See (GAP) §95.57 of this title (relating to Level
III Hearing Procedure) for proper procedures.
(2)
See (GAP) §91.61 of this title (relating to Youth
Employment and Work) for additional limitations.
(c)
Explanation of Terms Used.
(1)
On-site disciplinary consequences - appropriate consequences
that may be administered when a youth violates rules
,
which are
not serious enough to warrant disciplinary movement, assignment of minimum
length of stay, or referral to criminal court (major consequences). On-site
disciplinary consequences include but are not limited to:
(A)
reprimand
(B)
suspension of on and off site privileges
(C)
restriction of personal activity
(D)
facility work restitution
(E)
have personal items taken (contraband)
(F)
lose trust fund privileges
(2)
Restrictions - the consequence of limiting a youth's activity
or privileges when such restriction is perceived by the youth as a negative
consequence and therefore serves to deter repetition of the misbehavior.
(3)
Work restitution -
is a voluntary
[
(d)
Procedure. An on-site consequence will be imposed in accordance
with procedure in (GAP) §95.57 of this title (relating to Level III Hearing
Procedure).
(e)
Appropriate Consequence. The most appropriate consequence
among those available shall be selected within the following guidelines.
(1)
The consequence imposed should be the least restrictive
necessary to effect learning more appropriate behavior and should be proportionate
to the severity and extent of the violation.
(2)
The consequence should be imposed for the minimum period
of time necessary to be effective in correcting the misbehavior.
(3)
When work restitution is the most appropriate consequence,
the type, amount and duration of the work assigned should be reasonably proportionate
to the value of the property lost or damaged
, and shall not exceeded
more than eighty hours of actual work restitution. The work required must
be proportionate to the damage done and be in furtherance of the maintenance
of the facility.
(f)
Rules for Imposing Restriction.
(1)
Restrictions may not interfere with basic rights.
(2)
Youth in institutions may be restricted to their rooms
or to the dorm (living unit).
(3)
Youth in halfway houses may not be restricted to their
rooms. They may be restricted to the facility.
[
Rules for Imposing On-Site
Work Restitution. The work required must be proportionate to the damage done
and be in furtherance of the maintenance of the facility.]
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 March 30, 2001.
TRD-200101878
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 13, 2001
For further information, please call: (512) 424-6301
37 TAC §95.17
The Texas Youth Commission (TYC) proposes an amendment to §,95.17
concerning Behavior Management Program. The amendment to the section includes
minor grammatical changes such as abbreviating individual behavior management
plan to IBMP throughout the rule. A change was made to the definition of the
special services panel to make it consistent with the other terms in the rule.
A clarification was added to the eligibility section to indicate admissions
could be counted for security intake or the security program. A section regarding
dispositions was deleted as the issue is addressed in another rule and needed
to be removed. A change was added to give reference to the rule where the
criteria is now listed. A change was also made that youth will be notified
in writing of their right to appeal. All program requirements were removed
from the rule and were placed in the management section of the policy as they
are internal operating procedures for the unit.
Don McCullough, Acting 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. McCullough 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 clearer definitions of operating guidelines for the
behavior management program in the security unit. 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 Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
appropriate treatment for youth.
The proposed rule affects the Human Resource Code, §61.034.
§95.17.Behavior Management Program.
(a)
Purpose. The purpose of this rule is to provide for a Texas
Youth Commission (TYC) youth, assigned to a TYC operated institution, to be
placed in the Behavior Management Program (BMP) and assigned a 90-day disciplinary
maximum length of stay as a consequence for behavior that violates rules.
Assurance that the youth is sufficiently in control to be returned to general
population is affirmed by compliance with the BMP. Disciplinary transfer and
segregation with an assigned maximum length of stay is a major consequence.
(b)
Applicability. This rule does not apply to:
(1)
the use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake);
(2)
the use of the same or adjacent space when used specifically
as a security program. See (GAP) §97.40 of this title (relating to Security
Program);
(3)
the use of the same or adjacent space when used specifically
as detention in a TYC institution. See (GAP) §97.43 of this title (relating
to Institution Detention Program);
(4)
the use of same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation);
(5)
the aggression management program. See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Explanation of Terms Used.
(1)
Special Services Panel--a panel comprised of
special
services members that review
[
(2)
Program Review Panel--a three-person panel chaired by the
assistant superintendent, which reviews BMP extension requests.
(3)
Individual Behavior Management Plan
(IBMP)
--a
plan developed for each youth in the BMP which consists of objectives which
address the behavior or cluster of behaviors that prevent the youth from successfully
participating in regular programming.
(4)
Aggression Management Program (AMP)--a program designed
for removing youth from the general population for dangerously aggressive
behavior.
(5)
Admissions, Review, and Dismissal (ARD) committee--a committee
that makes decisions on educational matters of special education students.
(6)
Individual Education Plan (IEP)--the prescribed plan by
which education will be delivered to a special education student.
(d)
Contract Care Program Restriction. TYC contract programs
shall not develop a BMP having a specific disciplinary length of stay.
(e)
Program Eligibility and Admission.
(1)
Eligibility.
(A)
Youth eligible for the BMP are youth who knowingly engage
in, aid, or abet someone else to engage in one or more of the following behaviors:
(i)
willful destruction of property of $100 or more; or
(ii)
assault resulting in bodily injury; or
(iii)
escape or attempted escape as defined in (GAP) §97.29
of this title (relating to Escape/Abscondence and Apprehension); or
(iv)
intentionally participating in riotous conduct as defined
in (GAP) §97.27 of this title (relating to Riot Control); or
(v)
engaging in inappropriate sexual contact, sexual assault,
or aggravated sexual assault; or
(vi)
possessing any item defined as a weapon in the Penal Code
or threatening others with use of an object which could be used as a weapon;
or
(vii)
threatening bodily injury to others; or
(viii)
possessing a controlled substance; or
(ix)
engaging in self-harm; or
(x)
chronic and substantial disruption of the routine of the
facility program with ten or more security admissions or extensions
to security intake or security program
in a three-month period or five
or more security admissions or extensions in a 30-day period, without reduction
in the frequency of the disruptive behaviors. Disruptive behavior is behavior,
which prevents or significantly interferes with others' ability to participate
in scheduled activities and programs.
(B)
Referral is made to a Special Services Panel and approved
by the assistant superintendent based on a determination that the following
criteria have been met:
(i)
the youth poses a continuing risk for identified admitting
behavior(s); and
(ii)
when appropriate, less restrictive methods of documented
intervention have failed and are unable to manage the risk; and
(iii)
the mental status of the youth is assessed and there
are no therapeutic contraindications for admission to the BMP.
(2)
Due Process Hearing. If there is a finding of true with
no extenuating circumstances in a level II hearing that the youth engaged
in one of the behavioral criteria listed in paragraph (1)(A)(I) of this subsection,
the youth is admitted to the BMP with an assigned 90-day disciplinary maximum
length of stay. See (GAP) §95.51 of this title (relating to Level II
Hearing Procedure).
(3)
Appeal. The youth shall be
notified in writing
[
(4)
Dispositions.
[
Pursuant to a level II hearing herein, certain
youth who are assessed a disposition under this rule may also be assigned
a disciplinary minimum length of stay disposition but only if criteria have
been met and if the youth was given notice of the specific disposition request.
All policy and program requirements of (GAP) §95.11 of this title (relating
to Disciplinary Transfer/Assigned Minimum Length of Stay Consequence) will
apply to the assignment of such.
[(B)
BMP Placement Pending Assignment to the
Aggression Management Program (AMP). If the disposition at the level II hearing
held pursuant to this policy also resulted in a placement in an AMP, but bed
space is not available in the AMP, the youth may be assigned to a placement
in the BMP (at the youth's current placement) pending admission to AMP, but
only if criteria for the AMP was proven and the youth was given notice of
the specific disposition to AMP. If the youth completes the disciplinary maximum
length of stay in the BMP (including the extension) prior to admission to
AMP, the youth shall not be admitted to AMP as a result of the conduct determined
at the level II hearing that resulted in the placement to BMP.]
(5)
A BMP length of stay runs concurrently with a youth's classification
minimum length of stay, or any disciplinary assigned minimum length of stay.
(6)
Families are notified of youth's admission to the BMP within
24 hours of the hearing.
(f)
Program Completion.
(1)
An
IBMP
[
(2)
A youth shall be released when one of the following occurs:
(A)
youth has met specific performance objectives on the
IBMP
[
(B)
youth has completed his/her length of stay; or
(C)
youth is transferred to the AMP pursuant
(GAP) §
95.21(c)(3) of this title (relating to Aggression Management Program)
[
(g)
Program Extension.
(1)
An extension of up to 30 days may be recommended by a Program
Review Panel and approved by the superintendent if the following criteria
have been met:
(A)
youth's behavior does not comply with program; and
(B)
an appropriate
IBMP
[
(C)
the modified
IBMP
[
(D)
the mental status of the youth was assessed and there are
no therapeutic contraindications for continued confinement in the BMP.
(2)
Reporting. A Program Review Panel Report must be completed
and forwarded to the superintendent within 10 working days following the hearing.
The report shall include the panel's findings and explanation of the rationale
for the findings. If the decision is appealed, the report should be expedited.
(3)
Appeal. The youth shall be
notified in writing
[
[(h)
Program Requirements.]
[(1)
Individual doors are locked.]
[(2)
All segregation programs will ensure at a minimum the
following:]
[(A)
appropriate psychological and medical services;]
[(B)
the same food, including snacks prepared in the same manner
as for other youth except for special diets that are prescribed on an individual
basis by a physician, dentist or psychiatrist or approved by a chaplain;]
[(C)
one hour of large muscle exercise daily; and]
[(D)
appropriate educational services.]
[(3)
The assistant deputy executive director for juvenile corrections
will approve a standardized program and rules for the security unit.]
[(4)
The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.]
[(5)
Youth will engage in the standardized program and comply
with the rules of the security unit, but if programming is not provided, youth
may remain on their mattresses during that time.]
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 March 30, 2001.
TRD-200101877
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 13, 2001
For further information, please call: (512) 424-6301
Chapter 211.
ADMINISTRATION
37 TAC §211.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code, §211.1, concerning definitions. The proposed amendment adds a definition
for court-ordered community supervision and amends the definition of the term
Texas Peace officer for the purposes of eligibility of reserve officers for
the Texas Peace Officers' Memorial. This amendment also proposes a change
to the effective date in subsection (b) of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the proposed amended section is in
effect there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rule.
Dr Dozier has also determined that for each year of the first-five years
this section is in effect, there will be no new anticipated public benefit
as a result of enforcing this rule. There will be no effect on small or micro
businesses. There will be no new anticipated increase in economic cost to
individuals who are required to comply with the rule as proposed.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
This amendment is proposed under Texas Occupations Code Annotated,
Chapter 1701, §1701.151 which authorizes the Commission to promulgate
rules for the administration of this chapter.
The following statute is affected by this proposed rule: Texas Occupations
Code Annotated, Chapter 1701, §1701.151 - General Powers.
§211.1.Definitions.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Academic provider--A school, recognized by the Southern
Association of Colleges and Schools and the Texas Higher Education Coordinating
Board, which has been approved by the commission to provide basic licensing
courses.
(2)
Accredited college or university--An institution of higher
education that is accredited or authorized by the Southern Association of
Colleges and Schools, the Middle States Association of Colleges and Schools,
the New England Association of Schools and Colleges, the North Central Association
of Colleges and Schools, the Northwest Association of Schools and Colleges,
or the Western Association of Schools and Colleges.
(3)
Active--A license issued by the commission that meets the
current requirements of licensure, including those legislatively required.
(4)
Agency--A law enforcement unit or other entity, whether
public or private, authorized by Texas law to appoint a person licensed or
certified by the commission.
(5)
ALJ or Administrative Law Judge--See "Hearings Examiner"
defined below.
(6)
Appointed--Elected or commissioned by an agency as a peace
officer, reserve or otherwise selected or assigned to a position governed
by the Occupations Code, Chapter 1701, without regard to pay or employment
status.
(7)
Armed public security officer--A person appointed under
the provisions of Chapter 758, 70th Legislature, 1987.
(8)
Background investigation--may include:
(A)
an investigation looking specifically at a person's dependability;
integrity; initiative; situational reasoning ability; self-control; writing
skills; reading skills; oral communications skills; interpersonal skills;
and physical ability; and
(B)
a report that documents an investigation into an applicant's
suitability for licensing and appointment which includes: biographical data;
scholastic data; employment data; criminal history data; interviews with references,
supervisors, and other people who have knowledge of the person's abilities,
skills, and character; and a summary of the investigator's findings and conclusions
regarding the applicant's moral character and suitability.
(9)
Basic licensing course--Any current commission developed
course that is required before an individual may be licensed by the commission.
The courses include: Peace Officer, Reserve Officer, Criminal Justice Transfer
Curriculum and County Corrections.
(10)
Basic peace officer course--The current commission developed
course(s) required for licensing as a peace officer, taught at a licensed
law enforcement academy in accordance with commission requirements.
(11)
Certified copy--A true and correct copy of a document
or record certified by the custodian of records of the submitting entity.
(12)
Chief administrator--The head or designee of an agency.
(13)
Commission--The Texas Commission on Law Enforcement Officer
Standards and Education.
(14)
Commissioned--Has been given the legal power to act as
a peace officer or reserve, whether elected, employed, or appointed.
(15)
Commissioners--The nine commission members appointed by
the governor and, where appropriate, the five ex-officio members.
(16)
Committee--The Texas Peace Officers' Memorial Advisory
Committee, an advisory body authorized under Occupations Code, Chapter 1701,
or its successor.
(17)
Contract jail--A correctional facility, operated by a
county, municipality or private vendor, operating under a contract with a
county or municipality, to house inmates convicted of offenses committed against
the laws of another state of the United States, as provided by Texas Government
Code, §511.092.
(18)
Contractual training provider--A law enforcement agency,
a law enforcement association, or alternative delivery trainer that conducts
specific education and training under a contract with the commission.
(19)
Convicted--Has been adjudged guilty of or has had a judgment
of guilt entered in a criminal case that has not been set aside on appeal,
regardless of whether:
(A)
the sentence is subsequently probated and the person is
discharged from probation;
(B)
the charging instrument is dismissed and the person is
released from all penalties and disabilities resulting from the offense;
(C)
the cause has been made the subject of an expunction order;
or
(D)
the person is pardoned, unless the pardon is expressly
granted for subsequent proof of innocence.
(20)
Court-ordered community supervision--Any
court-ordered community supervision or probation resulting from a deferred
adjudication or conviction by a court of competent jurisdiction. However,
this does not include supervision resulting from a pretrial diversion.
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(A)
70 percent or better; or
(B)
C or better; or
(C)
pass, if offered as pass/fail.
(49)
[
(50)
[
(51)
[
(52)
[
(53)
[
(b)
The effective date of this section is
August
[
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 2, 2001.
TRD-200101895
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: August 1, 2001
For further information, please call: (512) 936-7700
37 TAC §217.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §217.19, concerning the reactivation of a license. The proposed
amendment includes changes to subsections (b) and (c) of this section. Clarification
is provided in subsection (b) of this section, stating that, before individuals
with inactive licenses can be appointed, they must meet the current licensing
standards by having successfully completed a prior basic licensing course
that fulfills the current licensing course requirement. Individuals must have
also successfully completed the legislatively required continuing education
for the current training cycle. Once an individual has met the current standards;
and made application, in the format currently prescribed by the commission,
submitted any required fee(s) and upon the approval of the application, the
commission will issue the holder of an inactive license an endorsement of
eligibility to take the required licensing examination. This endorsement of
eligibility will allow the applicant to take the examination three times.
If failed three times, the applicant may not be issued another endorsement
of eligibility until successful completion of the current licensure course.
This amendment also proposes a change to the effective date in subsection
(h) of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the proposed amended section is in
effect there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rule.
Dr Dozier has also determined that for each year of the first-five years
this section is in effect, there will be no new anticipated public benefit
as a result of enforcing this rule. There will be no effect on small or micro
businesses. There will be no new anticipated increase in economic cost to
individuals who are required to comply with the rule as proposed.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
This amendment is proposed under Texas Occupations Code Annotated,
Chapter 1701, §1701.151 which authorizes the Commission to promulgate
rules for the administration of this chapter.
The following statute is affected by this proposed rule: Texas Occupations
Code Annotated, Chapter 1701, §1701.151 - General Powers.
§217.19.Reactivation of a License
(a)
The commission will place all licenses in an inactive status
when the licensee has not been reported to the commission as appointed for
more than two years after:
(1)
the last report of termination; or
(2)
the date of last reactivation.
(b)
Individuals with basic licensure training over two years
old must meet the requirements of §217.19(f)
and (g)
before
they may be appointed.
(c)
Individuals with basic licensure examination results over
two years old must meet the requirements of §217.19(f)
and (g)
before they may be appointed.
(d)
The holder of an inactive license is unlicensed for purposes
of these sections and the Occupations Code, Chapter 1701.
(e)
This section includes any permanent peace officer qualification
certificate with an effective date before September 1, 1981.
(f)
Before individuals with inactive licenses may be appointed
they must:
(1)
meet the current licensing standards,
with successful
completion of a prior basic licensing course fulfilling the current licensing
course requirement;
and
(2)
successfully complete the legislatively required continuing
education for the current training cycle.
(g)
Once an individual has:
(1)
met the current standards; and
(2)
made application, in the format currently prescribed by
the commission, submitted any required fee(s); and upon the approval of the
application, the commission will issue the holder of an inactive license an
endorsement of eligibility to take the required licensing examination. This
endorsement of eligibility will allow the applicant to take the examination
three times. If failed three times, the applicant may not be issued another
endorsement of eligibility until successful completion of the current licensure
course.
(h)
The effective date of this section is
August
[
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 2, 2001.
TRD-200101896
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: August 1, 2001
For further information, please call: (512) 936-7700
37 TAC §219.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §219.1, concerning eligibility to take state licensing examinations.
The proposed amendment includes changes to subsection (d) of this section.
Clarification is provided in subsection (d) of this section, stating that,
in order to issue an endorsement of eligibility, the person issuing such an
endorsement must have on file for the person to whom it is issued, written
documentation of successful completion of the basic licensing course for the
license sought. This amendment also proposes a change to the effective date
in subsection (I) of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the proposed amended section is in
effect there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rule.
Dr Dozier has also determined that for each year of the first-five years
this section is in effect, there will be no new anticipated public benefit
as a result of enforcing this rule. There will be no effect on small or micro
businesses. There will be no new anticipated increase in economic cost to
individuals who are required to comply with the rule as proposed.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
This amendment is proposed under Texas Occupations Code Annotated,
Chapter 1701, §1701.151 which authorizes the Commission to promulgate
rules for the administration of this chapter.
The following statute is affected by this proposed rule: Texas Occupations
Code Annotated, Chapter 1701, §1701.151 - General Powers.
§219.1.Eligibility to Take State Examinations.
(a)
To be eligible to take a state licensing examination, a
student must have a valid endorsement of eligibility.
(b)
An endorsement of eligibility to take an examination is
issued by an academy coordinator, the executive director of the commission,
or a person authorized by the executive director. An endorsement of eligibility
based on training that was completed more than two years before the date of
issue may be issued only by the executive director of the commission.
(c)
Duplicate, out-of-state, second, and third endorsements
may be issued only by the executive director of the commission.
(d)
In order to issue the endorsement of eligibility, the person
issuing such an endorsement must have on file
, for the person to whom
it is issued, written documentation of successful completion of the basic
licensing course for license sought; and
(1)
written documentation that the person is currently licensed
by the commission; or
(2)
if the person is not currently licensed by the commission,
written documentation that the applicant meets the current enrollment standards.
(e)
A valid endorsement of eligibility shall:
(1)
be in the current commission format;
(2)
be a completed original document bearing all required signatures,
(3)
state that the examinee has met the current minimum training
standards appropriate to the license sought; and
(4)
include a date of issue.
(f)
For an endorsement of eligibility to be or remain valid:
(1)
it must not be issued in error or based on false or incorrect
information; specifically, the applicant must meet the current enrollment
standards; and
(2)
it must be presented before two years from the date of
issue.
(g)
An examination may not be taken by an individual who already
holds any license or certificate to be awarded upon passing that examination.
(h)
Once an initial endorsement of eligibility is issued, an
examinee will be allowed three opportunities to pass the examination. After
three failures, the examinee must re-qualify by repeating the entire training
course for the license sought. If an attempt is invalidated for any reason,
that attempt will count as one of the three opportunities.
(i)
The effective date of this section is
August
[
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 2, 2001.
TRD-200101897
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: August 1, 2001
For further information, please call: (512) 936-7700
37 TAC §229.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §229.1, concerning the general eligibility of deceased Texas peace
officers and their inclusion on the Texas Peace Officers' Memorial. The amendment
proposes the elimination of subsection (a)(3) of this section concerning reserve
peace officer's. This amendment also proposes a change to the effective date
in subsection (c) of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the proposed amended section is in
effect there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rule.
Dr Dozier has also determined that for each year of the first-five years
this section is in effect, there will be no new anticipated public benefit
as a result of enforcing this rule. There will be no effect on small or micro
businesses. There will be no new anticipated increase in economic cost to
individuals who are required to comply with the rule as proposed.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
This amendment is proposed under Texas Occupations Code Annotated,
Chapter 1701, §1701.151 which authorizes the Commission to promulgate
rules for the administration of this chapter.
The following statute is affected by this proposed rule: Texas Occupations
Code Annotated, Chapter 1701, §1701.151 - General Powers.
§229.1.General Eligibility of Deceased Texas Peace Officers.
(a)
A deceased Texas peace officer, killed in the line of duty,
is eligible for inclusion on the Texas peace officers' memorial if the person
was:
(1)
a Texas peace officer among those listed under the Texas
Code of Criminal Procedure, Article 2.12;
(2)
a Texas peace officer among those licensed by the Texas
Commission on Law Enforcement Officer Standards and Education, under the Government
Code, Chapter 415, or Occupations Code 1701;
[
a Texas peace officer officially
called to duty as a Texas reserve peace officer;]
(3)
[
(4)
[
(5)
[
(6)
[
(b)
If the supported finding is that the Texas peace officer
died as a result of infectious disease contracted while lawfully performing
official duties, or by exposure to hazardous materials or conditions while
lawfully performing official duties, the Texas peace officer is eligible for
inclusion.
(c)
The effective date of this section as amended shall be
August
[
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 2, 2001.
TRD-200101898
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: August 1, 2001
For further information, please call: (512) 936-7700
Chapter 343.
STANDARDS FOR JUVENILE PRE-ADJUDICATION SECURE DETENTION FACILITIES
(Government Code)
].
within ten business days
] to a request.
If the request is going to be denied or deferred to the Attorney
General's office, a response to the request must be made within ten business
days of receipt of the request.
] Otherwise, the information is open
for inspection.
Chapter 91.
PROGRAM SERVICES
TYC
] shall pursue reimbursement by third party payers for the medical
care of youth committed to the agency.
Chapter 95.
YOUTH DISCIPLINE
The
]
consequence
, not a dollar for dollar relationship between the actual
property damage and labor performed
[
of performing tasks aimed at
redressing the wrong
]. Work restitution is intended to assist the youth
to develop a sense of equity and a sense of pride and responsibility for personal
behavior. The
purpose
[
goal
] is not to recover
losses
[
loss
]
or compensate TYC for property damage that
was
caused by the youth.
(g)
the director of clinical services,
a program administrator, and a caseworker, which reviews
] the recommendation
for admission to BMP made by the youth's caseworker.
informed
] of his/her right to appeal to the executive director.
See (GAP) §93.53 of this title (relating to Appeal to Executive Director).
The pendency of an appeal shall not preclude implementation of the decision.
(A)
]
Individual Behavior Management
Plan
] must be developed for each youth. The plan will consist of objectives
that address the behavior or cluster of behaviors that prevent the youth from
successfully participating in regular programming. The plan will be explained
to the youth and he/she will sign the plan in acknowledgment.
Individual Behavior Management Plan
]; or
to subsection (e)(4) of this section
].
Individual Behavior
Management Plan
] addressing the non-conforming behaviors of the youth
has been developed and implemented; and
behavior management
plan
] can be completed within 30 days; and
informed
] of his/her right to appeal to the executive director.
See (GAP) §93.53 of this title (relating to Appeal to Executive Director).
The pendency of an appeal shall not preclude implementation of the decision.
Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
(20)
]Distance education--The enrollment
and study with an educational institution which provides lesson materials
prepared in a sequential and logical order for study by students on their
own.
(21)
]Duty ammunition--Ammunition
required or permitted by the agency to be carried on duty.
(22)
]Endorsement of eligibility--An
official document stating that an individual has met the minimum training
standards appropriate to the type of examination sought.
(23)
]Executive director--The executive
director of the commission or any individual authorized to act on behalf of
the executive director.
(24)
]Experience--Includes each
month, or part thereof, served as a peace officer, reserve, jailer, or telecommunicator.
Credit may, at the discretion of the executive director, be awarded for relevant
experience from an out-of-state agency.
(25)
]Firearms--Any handgun, shotgun,
rifle, or fully automatic weapon that is carried by the individual officer
in an official capacity on or off duty.
(26)
]Firearms proficiency--Successful
completion of the annual firearms proficiency requirements.
(27)
]Hearings examiner or Judge--An
administrative law judge appointed by the chief administrative law judge of
the State Office of Administrative Hearings pursuant to the Texas Government
Code, Ch. 2003, or a person appointed by the executive director to conduct
administrative hearings for the commission.
(28)
]Individual--A human being
who has been born and is or was alive.
(29)
]Jailer--A person employed
or appointed as a jailer under the provisions of the Local Government Code, §85.005,
or Government Code §511.092.
(30)
]Killed in the line of duty--A
Texas peace officer killed as a directly attributed result of a personal injury
sustained in the line of duty.
(31)
]Law--Including, but not limited
to, the constitution or a statute of this state, or the United States; a written
opinion of a court of record; a municipal ordinance; an order of a county
commissioners' court; or a rule authorized by and lawfully adopted under a
statute.
(32)
]Law enforcement academy--A
school operated by a governmental entity that has been licensed by the commission,
which may provide basic licensing courses and continuing education.
(33)
]Lesson plan--Detailed guides
from which an instructor teaches. The plan includes the goals, specific content
and subject matter, performance or learning objectives, references, resources,
and method of evaluating or testing students.
(34)
]License--[
means a
]
A
license, certificate, registration, permit, or other form of authorization
required by law or a state agency rule that must be obtained by an individual
to engage in a particular business.
(35)
]Licensee--An individual holding
a license issued by the commission.
(36)
]Line of duty--Any lawful and
reasonable action which a Texas peace officer is authorized by law, rule,
regulation, or written condition of employment or appointment to perform.
(37)
]Officer--A peace officer or
reserve.
(38)
]Peace officer--A person elected,
employed, or appointed as a peace officer under the Code of Criminal Procedure,
Article 2.12, or under other statute.
(39)
]Placed on probation--Has received
an adjudicated, unadjudicated or deferred adjudication probation for a criminal
offense.
(40)
]POST--State or federal agency
with jurisdiction similar to that of the commission, such as a peace officer
standards and training agency.
(41)
]Reactivate--To make a license
issued by the commission active after at least a two-year break in service.
(42)
]Reinstate--To make a license
issued by the commission active after disciplinary action or after expiration
of a license due to failure to obtain required continuing education.
(43)
]Renew--Continuation of an
active license issued by the commission.
(44)
]Reserve--A person appointed
as a reserve law enforcement officer under the provisions of the Local Government
Code, §85.004, §86.012 or §341.012
(45)
]Self-assessment--Completion
of the commission created process, which gathers information about a training
or education program.
(46)
]SOAH--The State Office of
Administrative Hearings.
(47)
]Successful completion--A result
of:
(48)
]Texas peace officer--For the
purposes of eligibility for the Texas Peace Officers' Memorial, an individual
who had been elected, employed, or appointed as a peace officer under Texas
law; an individual appointed under Texas law as a reserve peace officer [
who had been officially called to duty
]; a commissioned deputy game
warden, or a corrections officer in a municipal, county or state penal institution,
or any other officer authorized by Texas law.
(49)
]Telecommunicator--A dispatcher
or other emergency communications specialist appointed under or governed by
the provisions of the Occupations Code, Chapter 1701.
(50)
]Training coordinator--An individual,
appointed by a commission-recognized training provider, who has the knowledge
and skills to oversee the training activity conducted by that provider.
(51)
]Training hours--Actual classroom
or distance education hours. One college semester hour equates to 20 training
hours.
(52)
]Verification (verified)--The
confirmation of the correctness, truth, or authenticity of a document, report,
or information by sworn affidavit, oath, or deposition.
March
] 1, 2001.
Chapter 217.
LICENSING REQUIREMENTS
March
] 1, 2001.
Chapter 219.
PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS OF ELIGIBILITY
March
] 1, 2001.
Chapter 229.
TEXAS PEACE OFFICERS' MEMORIAL ADVISORY COMMITTEE
(3)
(4)
]a Texas peace officer among
those listed under the Texas Education Code;
(5)
]a Texas peace officer among
those named as such by other Texas law;
(6)
]a Texas peace officer who, in
historical perspective, would be eligible under any of the preceding criteria;
or
(7)
]a Texas corrections officer
employed or appointed by a municipal, county or state penal institution.
March
] 1, 2001.
Part 11.
TEXAS JUVENILE PROBATION COMMISSION