TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 9. TEXAS COMMISSION ON JAIL STANDARDS

Chapter 257. CONSTRUCTION APPROVAL RULES

37 TAC §257.10

The Texas Commission on Jail Standards proposes an amendment to §257.10, concerning Construction Approval Rules to allow Registered Accessibility Specialist, as defined by the Texas Department of Licensing and Regulation, to perform accessibility reviews and inspections.

Terry Julian, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Julian has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be clarification of existing standards.

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.

Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, §351.002 and §351.015.

§257.10.Accessibility Review.

The plans for all facilities shall be submitted to the Texas Department of Licensing and Regulation, Elimination of Architectural Barriers , the Texas Commission on Jail Standards, or a Registered Accessibility Specialist for review and approval of accessibility features.

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 18, 2002.

TRD-200201693

Terry Julian

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 28, 2002

For further information, please call: (512) 463-5505


Chapter 269. RECORDS AND PROCEDURES

Subchapter A. GENERAL

37 TAC §269.1

The Texas Commission on Jail Standards proposes an amendment to §269.1, concerning Records and Procedures. This change is necessary to provide a standard that adequately addresses reporting and recording of inmate escapes.

Terry Julian, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Julian has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be clarification of existing standards.

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.

Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, §351.002 and §351.015.

§269.1.Record System.

The sheriff/operator shall maintain the following records:

(1) - (3) (No change.)

(4) Escape From Custody Report

(A) The Texas Commission on Jail Standards should be notified of all escapes from a facility within 24 hours of the escape.

(B) A report of the escape shall be made available for review by Commission staff upon request.

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 18, 2002.

TRD-200201694

Terry Julian

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 28, 2002

For further information, please call: (512) 463-5505


Chapter 279. SANITATION

37 TAC §279.3

The Texas Commission on Jail Standards proposes new §279.3, concerning Sanitation. The new section is necessary to provide a standard that adequately addresses sanitation issues at jail facilities.

Terry Julian, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Julian has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be clarification of existing standards.

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.

Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The new rule is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, §351.002 and §351.015.

§279.3.Facility Maintenance.

Preventive maintenance, to include necessary repairs, shall be conducted to ensure a safe, secure, and sanitary 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 18, 2002.

TRD-200201695

Terry Julian

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 28, 2002

For further information, please call: (512) 463-5505


Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 421. STANDARDS FOR CERTIFICATION

37 TAC §421.15

The Texas Commission on Fire Protection (TCFP) proposes new §421.15, concerning the requirement to be certified within one year, to provide for fire departments to request an extension to the one-year training period. New §421.15 was first proposed in the December 28, 2001, issue of the Texas Register (26 TexReg 10804), along with proposed rule actions for §421.5 and new §421.17. The TCFP withdrew new §421.15 as first proposed in order to make substantive changes. The proposed rule actions for §421.5 and §421.17 were not withdrawn.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for each year of the first five-year period that the proposed new section is in effect, there will be no significant fiscal impact on state or local governments.

Mr. Soteriou has also determined that for each of the first five years the new section is in effect, the public benefit anticipated as a result of enforcing the new section will be that applicants for certification will have clearer guidelines for certification requirements. There are no additional costs of compliance anticipated for individuals and small businesses.

Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The new section is proposed under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed new section.

§421.15. Requirement To Be Trained Within One Year.

(a) An individual that receives an appointment, either temporary or probationary, as fire protection personnel must satisfactorily complete a basic course in fire protection, as prescribed by the commission, within one year from the date of the original appointment. An individual that fails to complete the prescribed training shall forfeit and be removed from the appointed position.

(b) A temporary or probationary appointment may not be extended beyond the initial one-year time period, except as provided for in subsection (d) of this section.

(c) A fire department may petition the commission one year after the date of forfeiture and removal, and the commission may reinstate the person's temporary or probationary appointment.

(d) A fire department may apply to the commission for an extension of the one-year training period, identified in subsection (a) of this section, for a time period not exceeding two years from the date of original appointment as follows:

(1) the request for extension shall be placed on the Fire Fighter Advisory Committee's (FFAC's) agenda to be heard at its next regular or special called meeting after submission of the request;

(2) after review by the FFAC, the application along with the FFAC's recommendations will be sent to the commission to be heard at its next regular meeting. If the request for extension is approved by the commission, the extension shall become effective immediately; and

(3) the one-year extension of training time, if granted, shall run from the date of forfeiture and removal or, at the latest, from one year after the original date of appointment, whichever occurs first.

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 15, 2002.

TRD-200201646

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: April 28, 2002

For further information, please call: (512) 239-4921