Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter A. OBJECTIVE, MISSION, AND PROGRAM
37 TAC §§1.3 - 1.5
The Texas Department of Public Safety proposes amendments
to §1.3, §1.4, and new §1.5, relating to Objective, Mission,
and Program. Amendment to §1.3(b)(1)(F) is necessary due to a name change
of that particular service within the department. Subparagraphs (B) and (C)
of paragraph (b)(2) are deleted as they are encompassed within subparagraph
(A). Amendment to §1.4 is necessary to delete subsection (c) which is
no longer a program within the Traffic Law Enforcement Division. New §1.5
is necessary as the Driver License Division, having been deleted from §1.4(c),
is now a separate program within the department.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be current and updated rules which list the various
department programs. There is no anticipated adverse economic effect on individuals,
small businesses, or micro- businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The amendments and new section are proposed pursuant to Texas
Government Code, §411.004(3), which authorizes the Public Safety Commission
to adopt rules considered necessary for carrying out the department's work,
and Texas Government Code, §2001.039. Texas Government Code, §411.004(3)
and §2001.039 are affected by this proposal.
§1.3.Programs.
(a)
The programs of the Department of Public Safety fall into
three general classes:
(1)
street and highway traffic management;
(2)
crime suppression and control; and
(3)
emergency management.
(b)
The three major classes of functional departmental programs
within the department are as follows:
(1)
police law enforcement function:
(A)
highway patrol service;
(B)
drivers license service;
(C)
vehicle inspection service;
(D)
license and weight service;
(E)
narcotics service;
(F)
special crimes
[
(G)
Texas Ranger service;
(H)
motor vehicle theft service;
(2)
administrative and regulatory function:
(A)
drivers license service (primary responsibility);
[
[
(B)
[
(C)
[
(D)
[
(E)
[
(3)
staff support and supplemental functions:
(A)
inspection and planning;
(B)
staff services;
(C)
crime records services;
(D)
safety education service;
(E)
accounting and budget control;
(F)
motor carrier lease;
(G)
public information;
(H)
emergency management;
(I)
administrative and legal services;
(J)
communications service;
(K)
crime laboratory services statewide;
(L)
missing children/persons clearinghouse;
(M)
automated data processing.
§1.4.Programs under Traffic Law Enforcement Division.
(a)
Highway Patrol Service. The program of the Highway Patrol
Service is "Police Traffic Supervision and General Law Enforcement on Rural
Highways." This program consists of the following major activities:
(1)
Police traffic supervision on rural highways:
(A)
police traffic direction;
(B)
police traffic accident investigation; and
(C)
police traffic law enforcement and patrol.
(2)
General police work--primarily on rural highways:
(A)
criminal law enforcement;
(B)
emergencies and disasters; and
(C)
security activities.
(b)
License and Weight Service. The program of the License
and Weight Service is "The Supervision of Commercial Vehicles, Police Traffic
Supervision, and General Law Enforcement on Rural Highways." This program
includes the following major activities:
(1)
Supervision of commercial vehicle traffic:
(A)
assistance to commercial vehicle owners and operators on
technical matters;
(B)
supervision of motor carrier operations; and
(C)
traffic law enforcement on commercial vehicles.
(2)
Traffic and criminal law enforcement on rural highways.
[
[
[
[
(c)
[
(1)
Inspection station supervision:
(A)
station qualification;
(B)
station inspection;
(C)
station control; and
(D)
supervision of emissions testing.
(2)
Traffic and criminal law enforcement by vehicle inspection
commissioned officers.
(d)
[
(1)
Public traffic safety education;
(2)
Public education in crime prevention and safety related
matters;
(3)
Public information;
(4)
Cooperation with and assistance to other agencies; and
(5)
Traffic and criminal law enforcement.
(e)
[
(1)
Transmission and receipt of department messages;
(2)
Transmission and receipt of emergency-type messages for
other police agencies; and
(3)
Other special assistance to other departments and agencies.
(f)
[
(g)
[
(1)
The Motor Carrier Safety Section will provide the support
to administer the Motor Carrier Safety Requirements.
(2)
The Motor Carrier Records Section maintains all activity
reports submitted by the License and Weight Service.
(3)
The Motor Carrier Compliance Audit Section performs the
administrative function of the enforcement of the Motor Carrier Safety and
Hazardous Materials Regulations.
§1.5.Programs under the Driver License Division.
The mission of the Driver License Division is to provide exceptional
customer service, promote public safety and enhance safe driving on Texas
roadways. The Driver License Program consists of the following major activities:
(1)
examination of new drivers and renewal of licensed drivers;
(2)
issuance of driver license and identification cards;
(3)
improvement and control of problem drivers;
(4)
maintenance of driver and accident records;
(5)
administration of safety responsibility regulations;
(6)
operation of the Administrative License Revocation (ALR)
program;
(7)
dissemination of driver license information and customer
service; and
(8)
traffic and criminal law enforcement.
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 1, 2003.
TRD-200302142
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-2135
Subchapter A. COMMERCIAL DRIVER TRAINING SCHOOL TESTING AND ISSUANCE OF INSTRUCTION PERMITS
37 TAC §18.3
The Texas Department of Public Safety proposes an amendment
to §18.3, concerning Driver Education. The title of the subchapter is
changed to better reflect content. The amendment further requires that commercial
driver training schools obtain an original transaction from a local driver
license office in order to have a driver license number to assign to the student
when the commercial driver training school issues that student an instruction
permit. The department has experienced cases in the past where commercial
driver training schools have administered written examinations for the issuance
of an instruction permit to students 14 years of age. Since these students
are not eligible, due to their age, to be issued the original transaction
for the assignment of a driver license number, the department feels that examinations
for the issuance of the instruction permit should not be given until the student
qualifies for the issuance of the original transaction assigning a driver
license number.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to place commercial driver training schools on
an equal level for those that issue instruction permits and those that do
not. Further, it causes the applicant/student to meet the same criteria in
both instances and eliminates confusion. There is no anticipated adverse economic
effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief
of Driver License, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0300, (512) 424-2768.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work, and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§18.3.Tests Administered by a Commercial Driver Training [
(a)
Prior to the issuance of an instruction permit
by
the commercial driver training school
, the school must have
obtained
the driver license number from the department and must have
administered
a
vision
exam
,
the
Class C-Road Signs
test
, and
the
Class C--Road Rules
test
[
(1)
Vision. The student's distant visual acuity must be checked
by the
commercial
driver
training
[
(2)
Class C--Road Signs and Class C--Road Rules Tests. The
student will be tested by the
commercial
driver training school
using the Class C--Road Signs and Class C-- Road Rules examinations obtained
from the Texas Department of Public Safety, General Services Bureau. The tests
will be available in English and Spanish. Other languages and oral tests must
be referred to a Driver License office. Each student must score a minimum
of 70% correct on each exam in order to pass. These results will be recorded
on the DE-964 certificate.
NO STUDENT MAY BE TESTED PRIOR TO THEIR 15TH
BIRTHDAY.
(b)
A
commercial
driver
training
[
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 1, 2003.
TRD-200302143
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-2135
Subchapter A. BREATH ALCOHOL TESTING REGULATIONS
37 TAC §19.7
The Texas Department of Public Safety proposes an amendment
to §19.7, concerning Breath Alcohol Testing Regulations. Amendment to
subsection (h) is necessary in order to correct a reference to statute.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be current and updated rules. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses
Comments on the proposal may be submitted to Richard Baxter, Manager, Breath
Alcohol Testing, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0570, (512) 424-5201.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; Texas Transportation Code, §724.003,
which authorizes the department and the State Office of Administrative Hearings
to adopt rules to administer this chapter, and Texas Transportation Code, §724.016.
Texas Government Code, §411.004(3), Texas Transportation Code, §724.003
and §724.016 are affected by this proposal.
§19.7.Explanation of Terms and Actions.
(a)
Alcohol. As used in these regulations alcohol refers to
ethyl alcohol (sometimes referred to as grain alcohol or ethanol).
(b)
Breath alcohol test (breath alcohol analysis). Refers to
the actual analysis of a specimen of the subject's breath to determine the
alcohol concentrations thereof. Analyses must be performed by certified individuals
on certified instruments which are supervised by a certified technical supervisor
in accordance with provisions stated in these regulations.
(c)
Certification.
(1)
Certification refers to meeting and maintaining the requirements
set forth in these regulations. Under the provisions of these regulations,
certification is granted to:
(A)
operators;
(B)
technical supervisors;
(C)
breath alcohol test instruments;
(D)
techniques, methods and programs (breath alcohol test programs,
agencies); and
(E)
courses of instruction.
(2)
Certification is granted only by the scientific director
when minimum requirements of certification have been met. All breath alcohol
testing for evidential purposes must be performed under certification in order
to be admissible for court purposes.
(3)
Certificates are issued to operators, technical supervisors,
breath alcohol test instruments, courses of instruction and breath alcohol
test programs. Certificates are not issued for reference sample devices.
(d)
Certified breath alcohol testing program (techniques and
methods). Refers to any breath alcohol testing program meeting and maintaining
the provisions stated in §19.3 of this title (relating to Certification
of Techniques, Methods, and Programs). This certification is referred to as
a total breath alcohol testing program, or total local program. Usually a
total testing program refers to an agency or laboratory which meets the minimum
requirements of having a certified breath alcohol testing instrument, approved
reference sample device, certified technical supervisor, certified operators,
and techniques, methods, and programs which have been inspected and certified
by the scientific director. In order to obtain certification as a total program,
the applying agency or laboratory should first contact the office of the scientific
director to determine the criteria and regulations regarding certification.
After original contact, the applying agency, laboratory, or school will be
given an application with instructions setting forth the necessary requirements
for certification. When all requirements for certification are met, including
the acquisition of certified personnel, the scientific director will make
an on-site inspection prior to the issuance of certification. Issuance of
a certificate shall be evidence that the agency, laboratory, or school possesses
certified instruments and approved reference sample devices.
(e)
Certified course of instruction. Refers to any school,
college, agency, institution, or laboratory which meets the requirements stated
in §19.6 of this title (relating to Certification of Courses of Instructions)
for certification of courses of training. Operator schools will be certified
for instruction on specific instrument(s). Applications for school certification
must be approved by the scientific director prior to the school's commencement.
Certification of operators successfully completing a certified school can
only be made by the office of the scientific director through the administration
of appropriate examinations. The scientific director has the authority to
limit enrollment of any school or deny individual enrollment if, in the opinion
of the scientific director, such enrollment would not be in the best interest
of the scientific integrity of the breath alcohol test program; for example,
if enrollment in a certified operator school would produce more operators
than could be supervised by the number of available technical supervisors.
(f)
Certified operator. Certified operator refers to an individual
who has successfully completed the requirements stated in these regulations
and has received certification from the scientific director to operate a specific
instrument(s). Operator certification is contingent upon compliance with all
provisions stated in §19.4 of this title (relating to Operator Certification).
(g)
Inactivation.
(1)
Inactivation refers to the voluntary or temporary discontinuance
of certification. Unless specifically stated otherwise, this loss of certification
will be an administrative program control as opposed to suspension or revocation
for violation of these regulations or for unreliability or incompetence. Inactivation
may be initiated by anyone having authority to suspend or revoke, by the certified
operator in case of voluntary surrender of certification, or by the technical
supervisor in case of voluntary surrender of technical supervisor certification.
In questionable cases, the decision to accept inactivation or invoke suspension
or revocation will be determined by the scientific director. Recertification
of an inactivated certificate will require a written request from the applicant
to the scientific director and successful completion of the requirements outlined
in §19.4(e) of this title (relating to Operator Certification) for recertification
and/or other requirements determined by the scientific director. Inactivation
will be used in, but not limited to, the following situations:
(A)
an operator or technical supervisor transfers to a position
where certification as a breath test operator or technical supervisor is no
longer needed;
(B)
an operator temporarily becomes physically incapable to
perform tests for either medical or administrative reasons;
(C)
an operator fails to renew current certification and reverts
to an inactive status;
(D)
an operator terminates employment under which certification
was acquired and new employment does not require certification as an operator,
or the new location of the operator cannot be ascertained; or
(E)
a technical supervisor resigns from an approved or certified
program, or is no longer supervising a certified program.
(2)
Inactivation will not be considered by the office of the
scientific director as a disciplinary action. It is for administrative program
control to safeguard the scientific integrity of the breath alcohol test program.
(h)
Instruments. Instruments are defined as the device(s) which
measure or quantitate the breath alcohol concentration pursuant to §19.1
of this title (relating to Instrument Certification). Certification of instruments
is only in conjunction with breath alcohol analysis for evidential purposes
as stated in Texas Transportation Code,
Chapter 724
[
(i)
Office of the scientific director. Refers to the scientific
director or his staff.
(j)
Practice test. Practice test refers to a properly conducted
reference analysis by the operator on a certified breath alcohol test instrument
using an approved reference sample device. Analyses must be conducted in accordance
with provisions stated in §19.3(c)(4) of this title (relating to Certification
of Techniques, Methods, and Programs).
(k)
Predicted value. The predicted value refers to the known
value of the reference sample. It is the result, within plus or minus 0.01g/210
Liters, which should be obtained in analyzing the reference sample.
(l)
Proficiency test. A test administered by, and in the presence
of, a technical supervisor to establish and/or ascertain the competency of
an operator to obtain valid results on breath testing instrumentation.
(m)
Public information and demonstration. Public information
and demonstration refers to public demonstrations of certified evidential
breath testing equipment. Certified evidential instruments should not ordinarily
be used for public information programs and/or demonstrations. To utilize
the equipment in this manner could violate the scientific integrity and validity
of the analytical result in evidential subject analyses. When necessary, public
information programs and demonstrations of certified equipment should only
be performed by a certified technical supervisor.
(n)
Recertification. Recertification refers to the renewal
of lost certification; for example, certification loss by inactivation, suspension,
or revocation. Unless provided for by specific provision in these regulations,
application for recertification requires a written request from the applicant
to the scientific director. Upon receipt of the request, the applicant will
be advised of the necessary procedure to regain certification. Recertification
requires the successful completion of requirements stated in §19.4(e)
of this title (relating to Operator Certification) and/or additional requirements
as stated by the scientific director.
(o)
Reference Sample Device (simulator). A device that contains
and delivers a temperature controlled headspace alcohol/water gas sample to
a breath testing instrument, a device that artificially simulates the alveolar
breath of a human being.
(p)
Renewal of current certification. Renewal of current certification
is referred to as certification renewal. Renewal of certification refers to
the continuance of active certification by meeting the requirements stated
in §19.4(b) of this title (relating to Operator Certification). Operator
certificates have an expiration date and in order to be kept current require
renewal. Failure or inability to renew current certification will result in
inactivation or suspension. It is the responsibility of the certificate holder
to renew certification. The scientific director, through the technical supervisor,
will make available opportunities for certification renewal on a mass basis
but cannot accept responsibility for individual renewal.
(q)
Reports and records. Reports and records refer to all documents
and reports required in breath alcohol testing. The scientific director, through
the technical supervisor, supervises all reports and records of analyses conducted
and/or documents relating to instruments and reference sample devices. Each
specific brand and/or model of instrument requires specific records and forms
which are explained in detail in the basic course of instruction for the specific
instrument and which should be approved by the scientific director. Certification
of a breath alcohol test program requires the completion and proper filing
of certain documents relating to arrest. The scientific director, through
the technical supervisor, is responsible to see that such documents are completed
and filed but does not supervise these documents in regard to content. In
addition to any forms, records, or documents required in the breath alcohol
test program, the scientific director may require additional specific reports
from the technical supervisors or other reports and records in regard to certifications
and compliance with program regulations.
(r)
Revisions. The changes which are adopted with the revision
of these regulations apply only to breath tests that are done after the date
of this revision. Previous revisions of these regulations are not nullified
and nothing herein should be construed as limiting or canceling the effect
of old regulations on tests done under these previous regulations.
(s)
Revocation.
(1)
Revocation is an action taken only by the scientific director.
To regain certification after revocation requires a written request from the
applicant to the office of the scientific director and successful completion
of the requirements for certification and/or recertification and/or any additional
requirements determined by the scientific director. Revocation invalidates
any current program, course of instruction, instrument, operator, or technical
supervisor certification issued to the revoked entity for the period of revocation
and until recertification. Unless provided for by specific provision in these
regulations revocation will apply in cases such as, but not limited to, the
following:
(A)
a certified instrument that is found to be unreliable,
inaccurate, or unserviceable, and continued use of which, in the opinion of
the scientific director, would not maintain the scientific integrity of the
breath alcohol test program;
(B)
a certified breath alcohol test program, or course of instruction
which can no longer maintain the provisions of these regulations; or
(C)
an operator or technical supervisor certificate not in
compliance with the provisions stated in these regulations or when continuance
of such certification in the opinion of the scientific director would not
uphold the scientific integrity of the breath alcohol test program.
(2)
Revocation will not be considered by the scientific director
as a disciplinary action. Revocation will be for the purpose of enforcing
these regulations and maintaining the scientific integrity of the breath alcohol
test program.
(t)
Scientific director. Denotes the title of the individual
responsible for the implementation, administration, and enforcement of the
Texas breath alcohol testing regulations. For the purpose of these regulations
it shall also denote those as specified in §19.1(a) of this title (relating
to Instrument Certification).
(u)
Security. Refers to the safeguard of certified instruments
at testing locations. Only certified operators, technical supervisors, and
individuals defined in §19.3(c)(2) of this title (relating to Certification
of Techniques, Methods, and Programs) shall have access to certified breath
alcohol testing instruments. The technical supervisor has the responsibility
and authority to maintain security at all times.
(v)
Site location. Refers to the physical site where the breath
alcohol testing instrument and reference sample device is located, and where
testing is conducted pursuant to §19.3(b) of this title (relating to
Certification of Techniques, Methods, and Programs). Relocation of certified
breath alcohol test equipment requires the approval of the technical supervisor(s)
and documentation of this fact. The technical supervisor has the authority
to approve the site with regards to technical acceptability for breath alcohol
testing and pursuant to subsection (u) of this section.
(w)
Suspension. Suspension refers to the immediate cancellation
of certification. A suspension can be initiated by the scientific director,
technical supervisor, or designated representative of the scientific director.
Prior to appeal to the director of the Department of Public Safety, suspensions
may be set aside or sustained only after investigation by the scientific director.
The minimum period of suspension as determined by the scientific director
will be for a period of time not less than 30 days. The technical supervisor
or a designated representative of the scientific director may recommend a
specific period of suspension to the scientific director. Usually, suspensions
will be immediate action taken by the suspending authority when there is reason
to believe that unreliable or incompetent operations have occurred or there
has been some violation of these regulations. Due to the immediate nature
and the procedure for appeal, the individual initiating the suspension shall
not be required to confer, consult, or obtain permission or approval from
anyone prior to the initiation of the suspension. However, all suspensions
must be consistent with procedures outlined in these regulations. A suspension
invalidates any certification issued to the suspended entity for a period
of suspension until recertification. To regain certification after the period
of suspension requires a written request from the applicant to the scientific
director. Upon receipt of the written request, the applicant will be advised
of the necessary steps to be taken in order to regain certification. Suspension
will not be considered by the scientific director as a disciplinary action
but shall be for the purpose of maintaining the scientific integrity of the
breath alcohol test program and upholding these regulations.
(x)
System blank analysis (Sample Chamber Purge). An analysis
of ambient air, free of alcohol and other interfering substances, that yields
a result of 0.00.
(y)
Technical supervisor and technical supervision. This term
refers to an individual meeting the minimum requirements set forth in §19.5
of this title (relating to Technical Supervisor Certification) and certified
by the scientific director. Technical supervisor certification, like operator
certification, is limited to specific instrumentation. Technical supervisors
have the responsibility and the authority to inactivate, suspend, or recommend
revocation of any certification under their supervision. Inactivation, suspension,
or recommended revocation by the technical supervisor will not be considered
a disciplinary action, but a means to enforce these regulations and safeguard
the scientific integrity of the breath alcohol testing program. Certification
as a technical supervisor does not in itself imply disciplinary control or
administrative in-line supervision over certified operators. However, technical
supervisors must exercise complete technical supervisory authority over all
operators in their assigned areas in all matters pertaining to breath alcohol
testing and in enforcement of all provisions stated in these regulations.
Certification of the technical supervisor and the program in which the technical
supervisor operates is contingent upon the technical supervisor's ability
to communicate directly with the office of the scientific director in accordance
with the provisions stated in these regulations and by directives issued by
the scientific director. The primary function of the technical supervisor
is to provide the technical, administrative, and supervisory expertise in
safeguarding the scientific integrity of the breath alcohol testing program
and to assure the breath alcohol testing program's acceptability for evidential
purposes. The technical supervisor, in matters pertaining to breath alcohol
testing, is the field agent of the scientific director. Supervision by the
technical supervisor in accordance with the provisions stated in these regulations
shall include, but not be limited to:
(1)
supervision of certified operators in performance of breath
alcohol test operations, including the proper completion of forms and records,
and operator's compliance with the provisions stated in these regulations;
(2)
supervision of data gathered for initial certification
and/or approval of individual instruments and reference sample devices in
an assigned area;
(3)
supervision of techniques of testing, maintaining scientific
integrity and upholding these regulations as they apply to the certification
of a total testing program;
(4)
selection and supervision of a testing location as it applies
to security and technical suitability for testing;
(5)
supervision of compliance with the policy of public information
and/or demonstrations of breath alcohol testing instruments and equipment;
(6)
all technical, administrative, and regulatory aspects of
breath alcohol testing within a designated area; and
(7)
expert testimony by direct testimony or by written affidavit
concerning all aspects of breath alcohol testing within an assigned area.
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 1, 2003.
TRD-200302144
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-2135
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
37 TAC §23.93
The Texas Department of Public Safety proposes amendments
to §23.93, concerning vehicle emissions inspection requirements. The
section defines commonly used terms; provides for control procedures; testing
waivers and extensions; prohibitions; recognition requirements for recognized
emissions repair technicians and recognized repair facilities; requirements
for certified emissions inspection stations and inspectors; audit authority;
and the adoption of department manuals for operation of certified emissions
inspection stations.
The primary reason for this proposed rulemaking is the adoption by the
Texas Commission on Environmental Quality (TCEQ) of amendments to 30 TAC §114.50,
Vehicle Inspection and Maintenance, and corresponding revisions to the Texas
Inspection and Maintenance State Implementation Plan (Texas I/M SIP), adopted
on December 4, 2002 and published in the December 20, 2002 issue of the
The department also proposes amendments clarifying administration of the
I/M program. These amendments include clarifying the definition of a "designated
vehicle," adding the definition of an "excepted vehicle," clarifying the definition
of the term "primarily operated," and clarifying the term "two years old."
The proposed amendments also clarify department control requirements regarding
inspection in non-I/M counties by use of an affidavit. Finally, the department
clarifies the prerequisites for granting an individual vehicle waiver.
On February 4, 2003, the Vehicle Emissions Inspection and Maintenance Advisory
Committee reviewed the proposed amendment. Members of the Advisory Committee
provided comments concerning the "two years old" definition recommending use
of the vehicle's date of manufacture. The department revised the proposed
amendment based on this comment.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the section as proposed will be in effect, there will not
be significant fiscal implications to state or local governments as a result
of enforcing and administering the section.
Mr. Haas also determined that for each year of the first five-year period
the section as proposed will be in effect, the public benefit anticipated
will be the continued use of the existing Two-Speed Idle (TSI) test in the
El Paso program area, without broadening the scope of vehicle emissions testing
by incorporating OBD testing. The section as proposed also provides the public
with a clearer understanding of the requirements in obtaining an individual
vehicle waiver. There is no significant anticipated economic cost to persons
required to comply with the section as proposed.
Mr. Haas has also determined there will be no significant fiscal implications
to small and micro-businesses engaged in the business of state vehicle inspections
resulting from the implementation of the section as proposed because the current
OBD requirement would not have become effective until January 1, 2003. The
department estimates there have been no expenditures by affected individuals
and businesses to upgrade existing equipment or purchase new equipment in
order to incorporate the OBD testing. The suspension deletion of the OBD testing
requirement in El Paso County would eliminate a potential cost of $7,000 to
$16,000 for each new or upgraded emission test analyzer.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All comments
must be received no later than 20 days after publication in the
Texas Register
and should reference "Proposed Rule 37 TAC §23.93"
in the subject line or in the beginning of the text.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission (commission) to adopt rules
considered necessary for carrying out the department's work and Texas Transportation
Code, §548.301, which authorizes the commission to adopt rules establishing
a motor vehicle emission inspection and maintenance program.
Texas Government Code, §411.004(3) and Texas Transportation Code, §548.301
are affected by this proposal.
§23.93.Vehicle Emissions Inspection Requirements.
(a)
General. The rules of the Texas Department of Public Safety
set out herein are to maintain compliance with the Texas Clean Air Act. The
department is authorized to establish and implement a vehicle emissions testing
program that is a part of the annual vehicle safety inspection program, in
accordance with Texas Transportation Code, Chapter 548, the Health and Safety
Code, Chapter 382, and rules adopted thereunder.
(b)
Terms and/or Definitions. Unless specifically defined in
the Texas Clean Air Act (TCAA) or in the rules of the Texas Department of
Public Safety (DPS), the terms used by the DPS have the meanings commonly
ascribed to them in the fields of air pollution control and vehicle inspection.
In addition to the terms [
(1)
Affected county--refers to any county with a motor vehicle
emissions inspection and maintenance program under Texas Transportation Code, §548.301
and Health and Safety Code, §382.037.
The Texas Commission on Environmental
Quality (TCEQ) specifies these
[
(2)
Acceleration Simulation Mode (ASM-2) I/M test--the Acceleration
Simulation Mode (ASM-2) test is an emissions test using a dynamometer (a set
of rollers on which a test vehicle's tires rest) which applies an increasing
load or resistance to the drive train of a vehicle thereby simulating actual
tailpipe emissions of vehicle as it is moving and accelerating. The ASM-2
vehicle emissions test is comprised of two phases:
(A)
the 50/15 mode--in which the vehicle is tested on the dynamometer
simulating the use of 50% of the vehicle available horsepower to accelerate
at a rate of 3.3 miles per hour (mph) per second to a constant speed of 15
mph; and
(B)
the 25/25 mode--in which the vehicle is tested on the dynamometer
simulating the use of 25% of the vehicle available horsepower to accelerate
at a rate of 3.3 mph per second to a constant speed of 25 mph.
(3)
Department--refers to the Texas Department of Public Safety.
(4)
Designated Vehicles--refers to all motor vehicles, as defined
in the Texas Transportation Code, §541.201, unless otherwise exempted
or excepted, that are:
(A)
capable of being powered by gasoline;
(B)
[
(C)
registered
,
[
[
(5)
Director--refers to the director of the Texas Department
of Public Safety or the designee of the director.
(6)
Emissions control component--refers to a device designed
to control or reduce the emissions of substances from a motor vehicle or motor
vehicle engine installed on or incorporated in a motor vehicle or motor vehicle
engine in compliance with requirements imposed by the Motor Vehicle Air Pollution
Control Act (42 United States Code, §1857 et seq) or other applicable
law. This term shall include, but not be limited to the following components:
air injection system (AIS); catalytic converter; coil; distributor; evaporative
canister; exhaust gas recirculation (EGR) valve; fuel filler cap/gas cap;
ignition wires; oxygen sensor; positive crank case ventilation (PCV) valve;
spark plugs; thermal reactor/thermostatic air cleaner; and hoses, gaskets,
belts, clamps, brackets, filters or other accessories and maintenance items
related to these emissions control components and systems.
(7)
Emissions Test on Resale--refers to an emissions test performed
on a vehicle coming into an affected county from another county within the
state which does not have an I/M program (non-affected county); the ownership
has changed as the result of a retail sale; and a registration and/or titling
change is necessary. This test is not required on model year 1996 and newer
vehicles if it has less than 50,000 "actual" miles.
(8)
EPA--refers to the United States Environmental Protection
Agency; the federal agency that monitors and protects air and water resources.
(9)
Exempt vehicles--refers to vehicles otherwise considered
"designated vehicles" that are:
(A)
antique vehicles, as defined by Texas Transportation Code, §502.275;
(B)
slow-moving vehicles, as defined by Texas Transportation
Code, §547.001; or
(C)
motorcycles, as defined by Texas Transportation Code, §502.001.
(10)
Excepted vehicle-refers to
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
TCEQ
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(c)
Applicability. The requirements of this section and those
contained in the Revised Texas I/M SIP shall be applied to motorists, vehicles,
vehicle inspection stations and inspectors certified by the department to
inspect vehicles, and to Recognized Emissions Repair Facilities of Texas and
Recognized Emissions Repair Technicians of Texas, as defined herein.
(d)
Control requirements.
(1)
In affected counties, in order to be certified by the department
as a vehicle inspection station, the vehicle inspection station must be certified
by the department to perform vehicle emissions testing. This provision does
not apply to vehicle inspection stations certified by the department as vehicle
inspection stations endorsed only to issue one or more of the following inspection
certificates: trailer certificates, motorcycle certificates, commercial windshield
certificates, commercial trailer certificates.
(2)
In affected counties, only department certified inspection
stations that are certified by the department to do emissions testing may
perform the annual vehicle safety inspection on designated vehicles.
(3)
An inspection station in a county not designated as an
affected county [
(A)
The
[
(i)
Company fleet vehicles owned
by business entities registered at a central office located in an affected
county but operated from branch offices and locations in non-affected counties
on a permanent basis.
(ii)
Hunting and recreational vehicles
registered to the owner in an affected area, but permanently maintained on
a hunting or vacation home site in a non-affected county.
(B)
The
[
(C)
The
[
(i)
vehicles operated by students
enrolled at learning institutions.
(ii)
vehicles operated by persons
during extended vacations, and
(iii)
vehicles operated by persons
on extended out-of-town business.
(4)
All designated vehicles must be emissions tested at the
time of and as a part of the designated vehicle's annual vehicle safety inspection
at
an
[
(A)
Commercial
[
(B)
Vehicles
[
(5)
A vehicle with a currently valid safety inspection certificate
presented for an "Emissions Test on Resale" inspection shall receive an emissions
test. The owner or selling dealer may choose one of two options:
(A)
a complete safety and emissions test and receipt of a new
inspection certificate, or
(B)
an emissions test and receipt of the unique emissions test-only
inspection certificate affixed to the lower left-hand corner of the windshield
of the vehicle, immediately above the registration sticker. The unique emissions
test-only inspection certificate will expire at the same time as the safety
inspection certificate currently displayed on the vehicle at the time the
unique emissions test-only certificate is issued.
(6)
Any vehicle not listed as an exempt vehicle that is capable
of being powered by gasoline, from two years old to and including 24 years
old, presented for the annual vehicle safety inspection in affected counties
will be presumed to be a designated vehicle and will be emissions tested as
a part of the annual vehicle safety inspection. Emissions testing will be
conducted as follows:
(A)
in all affected counties, except El Paso County:
[
[
(i)
all 1996 model year and newer designated vehicles, which
are equipped with an On-board diagnostic system, will be emission tested using
approved OBD I/M test equipment, [
(ii)
all 1995 model year and older designated vehicles [
(iii)
Vehicles which can not be tested using the prescribed
emission testing equipment will be tested using the following default methods.
OBD vehicles will be tested using ASM-2, if the vehicle cannot be tested on
ASM-2 ([
(B)
This subparagraph applies to all designated
vehicles
[
[
(i)
All
[
(ii)
In the event that the Texas Commission
on Environmental Quality publishes notification in the
Texas Register
that contingency I/M measures in El Paso County are
necessary, the following requirements become effective 12 months after the
notice is published.
(I)
All 1996 model year and newer
designated vehicles, which are equipped with an On-board diagnostic system,
will be emission tested using approved OBD I/M test equipment.
(II)
All 1995 model year and older
designated vehicles will be emissions tested using approved two-speed idle
I/M test equipment (TSI).
(III)
[
(7)
Vehicles registered in affected counties will be identified
by a distinguishing validation registration sticker
or a registration
sticker imprinted with the name of the affected county,
as determined
by the Texas Department of Transportation.
(8)
Vehicles inspected under the vehicle emissions testing
program and found to meet the requirements of the program in addition to all
other vehicle safety inspection requirements will be passed by the certified
inspector, who will thereafter affix to the windshield a unique emissions
inspection certificate pursuant to Texas Transportation Code, §548.251.
The only valid inspection certificate for designated vehicles shall be a unique
emissions inspection certificate issued by the department, unless otherwise
provided herein.
(9)
The department shall perform challenge tests to provide
for the reinspection of a motor vehicle at the option of the owner of the
vehicle as a quality control measure of the emissions testing program. A motorist
whose vehicle has failed an emissions test may request a free challenge test
through the department within 15 calendar days, not including the date of
the emissions test being challenged or questioned.
(10)
Federal and State governmental or quasi-governmental agency
vehicles that are primarily operated in affected counties that fall outside
the normal registration or inspection process shall be required to comply
with all vehicle emissions I/M requirements contained in the Texas I/M SIP.
(11)
Any motorist in an affected county whose designated vehicle
has been issued an emissions-related recall notice shall furnish proof of
compliance with the recall notice prior to having their vehicle emissions
tested the next testing cycle. As proof of compliance, the motorist may present
a written statement from the dealership or leasing agency indicating the emissions
repairs have been completed.
(12)
Inspection certificates issued prior to an effective date
in this section shall be valid and shall remain in effect until the expiration
date thereof.
(13)
A unique emissions test-only inspection certificate expires
at the same time the annual vehicle safety inspection certificate it relates
to expires.
(14)
The department will perform quarterly
equipment and/or
gas audits on all vehicle
emissions
[
(15)
Pursuant to the Revised Texas I/M SIP, the department
shall administer and monitor a follow-up loaded mode I/M test on at least
0.1% of the vehicles subject to vehicle emissions testing in a given year
to evaluate the mass emissions test data as required in 40 CFR 51.353(c)(3).
A contractor(s) may be used to assist in collecting, reviewing and evaluating
program data.
(16)
On-road testing (Remote Sensing Program) verification
emissions inspection. Vehicle owners receiving a notice from the department
requiring an emission test shall receive an out-of-cycle test, if the vehicle
already has a valid safety and emission inspection certificate. This test
will be conducted in accordance with the terms of the department's notice.
The results of this verification emissions inspection shall be reported (on-line)
to the Texas Information Management System Vehicle Identification Database
(VID). Vehicles identified to be tested by the notice will receive the prescribed
test regardless of the county of registration and whether the vehicle has
a currently valid safety inspection certificate or a valid safety and emissions
inspection certificate. When the vehicle has a currently valid safety inspection
certificate or a valid safety and emissions inspection certificate, the owner
may choose one of two options:
(A)
a complete safety and emissions test and receipt of a new
inspection certificate, or
(B)
an emissions test and receipt of the unique emissions test-only
inspection certificate affixed to the lower left-hand corner of the windshield
of the vehicle, immediately above the registration sticker. The unique emissions
test-only inspection certificate will expire at the same time as the safety
inspection certificate currently displayed on the vehicle at the time the
unique emissions test-only certificate is issued.
(17)
Emissions testing of vehicles requiring vehicle identification
insignias issued by public institutes of higher learning. Effective January
1, 2002 as per §51.207 of the Texas Education Code, public institutions
of higher learning located in affected counties will require vehicles to be
emissions tested as a condition to receive a permit to park or drive on the
grounds of the institution, including vehicles registered out-of-state. The
following instructions are provided for handling this type of inspection.
(A)
Vehicles presented under this subsection shall receive
an emissions inspection and be issued a unique emissions test-only inspection
certificate which will be affixed to the lower left-hand corner of the windshield
of the vehicle. Since this inspection certificate is not dated, this certificate
will expire as follows:
(i)
Vehicles registered in this state from counties without
an emissions testing program. The unique emissions test-only inspection certificate
will expire at the same time as the safety inspection certificate currently
displayed on the vehicle at the time the unique emissions test-only certificate
is issued.
(ii)
Vehicles registered in another state. The unique emissions
test-only inspection certificate will expire on the twelfth (12th) month after
the month indicated on the date of the Vehicle Inspection Report (VIR) generated
by the emissions inspection. Under no circumstances is the inspection station
authorized to remove an out-of-state inspection and/or registration certificate,
to include either safety, emissions, or combination of any of the aforementioned.
(B)
The operator of a vehicle presented for an emissions inspection
under this subsection will be notified to retain the Vehicle Inspection Report
(VIR) as proof of emissions testing under the requirements of §51.207
of the Texas Education Code.
(e)
Waivers and extensions. Under this section, the department
may issue an emissions testing waiver or time extension to any vehicle that
passes all requirements of the standard safety inspection portion of the annual
vehicle safety inspection and meets the established criteria for a particular
waiver or time extension. An emissions testing waiver or a time extension
defers the need for full compliance with vehicle emissions standards of the
vehicle emissions I/M program for a specified period of time after a vehicle
fails an emissions test. The department will accept applications for emissions
testing waivers and time extensions There are four types of emissions testing
waivers and time extensions: Low Mileage Waiver; Individual Vehicle Waiver;
Parts Availability Time Extension; and Low-Income Time Extension. The motorist
may apply once each testing cycle for the Low Mileage Waiver, Individual Vehicle
Waiver, and Parts Availability Time Extension. The motorist may apply every
other testing cycle for the Low-Income Time Extension.
(1)
Low Mileage Waiver.
(A)
Eligibility. A vehicle may be eligible for a Low Mileage
Waiver provided that it has:
(i)
failed both its initial emissions inspection and re-test;
and
(ii)
incurred qualified emissions-related repairs, as defined
herein, whose cost is equal to at least $100; and
(iii)
the vehicle has been driven less than 5,000 miles in
the previous inspection cycle; and
(iv)
the vehicle will be reasonably expected to be driven fewer
than 5,000 miles before the next safety inspection is required.
(B)
Qualified Emissions-Related Repairs. Qualified emissions-related
repairs are those repairs to emissions control components, including diagnosis,
parts and labor, which count toward a Low Mileage Waiver. In order to be considered
qualified emissions-related repairs, the repair(s):
(i)
must be directly applicable to the cause for the emissions
test failure;
(ii)
must be performed after the initial emissions test or
have been performed within 60 days prior to the initial emissions test;
(iii)
must not be tampering-related repairs, as defined herein;
(iv)
must not be covered by any available warranty coverage
unless the warranty remedy has been denied in writing by the manufacturer
or authorized dealer; and
(v)
must be performed by a Recognized Emissions Repair Technician
of Texas at a Recognized Emissions Repair Facility of Texas in order to include
the labor cost and/or diagnostic costs. When repairs are not performed by
a Recognized Emissions Repair Technician of Texas at a Recognized Emissions
Repair Facility of Texas, only the purchase price of parts, applicable to
the emissions test failure, qualify as a repair expenditure for the Low Mileage
Waiver.
(C)
Conditions. The following conditions must be met in order
to receive a Low Mileage Waiver:
(i)
the vehicle must pass a visual inspection performed by
a department representative to insure that the emissions repairs being claimed
have actually been performed;
(ii)
the diagnosis, parts and labor receipts for the qualified
emissions-related repairs must be presented to the department and support
that the emissions repairs being claimed have actually been performed; and
(iii)
the valid re-test Vehicle Inspection Report (VIR) and
valid Vehicle Repair Form (VRF) for the applicant vehicle must be presented
to the department. If labor and/or diagnostic charges are being claimed towards
the low mileage waiver amount, the VRF shall be completed by a Recognized
Emissions Repair Technician of Texas.
(2)
Low-Income Time Extension. A Low-Income Time Extension
may be granted in accordance with the following conditions:
(A)
The applicant must supply to the department proof in writing
that:
(i)
the vehicle failed the initial emissions inspection test;
proof shall be in the form of the original failed VIR;
(ii)
the vehicle has not been granted a Low-Income Time Extension
in the previous testing cycle;
(iii)
the applicant is the owner of the vehicle that is the
subject of the Low-Income Time Extension; and
(iv)
the applicant receives financial assistance from the Texas
Department of Human Services due to indigence (subject to approval by the
director) or the applicant's adjusted gross income (if the applicant is married,
the applicant's adjusted gross income is equal to the applicant's adjusted
gross income plus the applicant's spouse's adjusted gross income) is at or
below the current federal poverty level as published by the United States
Department of Health and Human Services, Office of the Secretary, in the Federal
Register; proof shall be in the form of a federal income tax return or other
documentation authorized by the director that the applicant certifies as true
and correct.
(B)
After a vehicle receives an initial Low-Income Time Extension,
the vehicle must pass an emissions test prior to receiving another Low-Income
Time Extension.
(3)
Parts Availability Time Extension. A Parts Availability
Time Extension may be granted in accordance with the following conditions:
(A)
The applicant must demonstrate to the department:
(i)
reasonable attempts were made to locate necessary emissions
control parts by retail or wholesale parts suppliers; and
(ii)
emissions-related repairs cannot be completed before the
expiration of the safety inspection certificate or before the 30-day period
following an out-of-cycle inspection because the repairs require an uncommon
part, as defined herein.
(B)
The applicant shall provide to the department:
(i)
an original VIR indicating the vehicle failed the emissions
test;
(ii)
an invoice, receipt, or original itemized document indicating
the uncommon part(s) ordered by: name; description; catalog number; order
number; source of part(s), including name, address and phone number of parts
distributor; and expected delivery and installation date(s). The original
itemized document must be prepared by a Recognized Emissions Repair Technician
of Texas before a Parts Availability Time Extension can be issued.
(C)
A Parts Availability Time Extension is not allowed for
tampering-related repairs, as defined herein.
(D)
If the vehicle does not pass an emissions re-test prior
to the expiration of the Parts Availability Time Extension, the applicant
must provide to the department, adequate documentation that one of the following
conditions exists:
(i)
the motorist qualifies for a Low Mileage Waiver, Low-Income
Time Extension or Individual Vehicle Waiver; or
(ii)
the motor vehicle will no longer be operated in the affected
county.
(E)
A vehicle that receives a Parts Availability Time Extension
in one testing cycle must have the vehicle repaired and re-tested prior to
the expiration of such extension or must qualify for another type of waiver
or time extension, in order to be eligible for a Parts Availability Time Extension
in the subsequent testing cycle.
(F)
The length of a Parts Availability Time Extension shall
depend upon expected delivery and installation date(s) of the uncommon part(s)
as determined by the department representative on a case by case basis. Parts
Availability Time Extensions will be issued for either 30, 60 or 90 days.
(G)
The department shall issue a unique time extension sticker
for Parts Availability Time Extensions.
(4)
Individual Vehicle Waiver. [
(A)
Eligibility. If a vehicle has
failed an emissions test required by the vehicle emissions I/M program, a
motorist may petition the designated representative of the department for
an Individual Vehicle Waiver in order for the vehicle to receive a state inspection
certificate. The motorist must demonstrate that all reasonable measures (diagnostics,
repairs, replacement parts, etc.) have been taken to bring the vehicle into
compliance with the program, but have failed. The department will review the
measures taken by the motorist to insure that they have been performed, further
measures would be economically unfeasible during this inspection cycle, and
a waiver will result in a minimal impact on air quality. A vehicle may be
eligible for a Individual Vehicle Waiver provided that:
(i)
it failed both the initial emissions inspection
and re-test; and
(ii)
the motorist has incurred qualified emissions-related
repairs, as defined by subparagraph (e)(1)(B) of this section, costing equal
to or are in excess of the maximum reasonable repair expenditure amounts,
as defined herein for the county in which the vehicle is registered.
(B)
Maximum Reasonable Repair Expenditure
Amounts. The applicable amounts are:
(i)
affected counties, except El Paso county - $600,
and
(ii)
El Paso county - $450.
(C)
Validity. The individual vehicle
waiver shall be valid through the end of the twelfth month from the date of
issuance. Motorists must apply for the individual vehicle waiver each testing
cycle.
(D)
Conditions. The following conditions
must be met in order to receive an individual vehicle waiver:
(i)
the vehicle must pass a visual inspection performed
by a department representative to insure that the emissions repairs being
claimed have actually been performed;
(ii)
the diagnosis, parts, and labor receipts for
the qualified emissions-related repairs must be presented to the department
and support that the emissions repairs being claimed have actually been performed;
and
(iii)
the valid re-test Vehicle Inspection Report
(VIR) and valid Vehicle Repair Form (VRF) for the applicant vehicle must be
presented to the department. If labor and/or diagnostic charges are being
claimed towards the individual vehicle waiver, the VRF shall be completed
by a Recognized Emissions Repair Technician of Texas.
(f)
Prohibitions.
(1)
No person may operate or allow to be operated any motor
vehicle that does not comply with:
(A)
all applicable air pollution emissions control-related
requirements included in the annual vehicle safety inspection administered
by the department, as evidenced by a current valid inspection certificate
affixed to the vehicle windshield; and
(B)
the vehicle emissions inspection and maintenance requirements
contained in the Revised Texas I/M SIP.
(2)
No person or entity may own, operate, or allow the operation
of a designated vehicle in an affected county unless the vehicle has complied
with all applicable vehicle emissions inspection and maintenance requirements
contained in the Revised Texas I/M SIP, unless otherwise provided for herein.
(3)
No person may issue or allow the issuance of a Vehicle
Inspection Report (VIR), as authorized by the department, unless all applicable
air pollution emissions control-related requirements of the annual vehicle
safety inspection and the vehicle emissions inspection and maintenance requirements
and procedures contained in the Revised Texas I/M SIP are completely and properly
performed in accordance with the rules and regulations adopted by the department
and the
TCEQ
[
(4)
No person may allow or participate in the preparation,
duplication, sale, distribution, or use of false, counterfeit, or stolen inspection
certificates, VIRs, VRFs, vehicle emissions repair documentation, or other
documents which may be used to circumvent the vehicle emissions inspection
and maintenance requirements and procedures contained in Texas Transportation
Code, Chapter 548 and the Revised Texas I/M SIP.
(5)
No organization, business, person, or other entity may
represent itself as an inspector certified by the department, unless such
certification has been issued pursuant to the certification requirements and
procedures contained in the Revised Texas I/M SIP and the rules and regulations
of the department.
(6)
No person may act as or offer to perform services as a
Recognized Emissions Repair Technician of Texas or a Recognized Emissions
Repair Facility of Texas, as defined in subsections (h) and (i) of this section,
without first obtaining and maintaining recognition by the department.
(g)
Violation/Penalties. Pursuant to Texas Transportation Code, §548.601,
any person who operates a designated vehicle in an affected county without
displaying a valid unique emissions inspection certificate, may be subject
to a fine in an amount not to exceed that set out in Texas Transportation
Code, §548.604.
(h)
Requirements for Recognized Emissions Repair Technicians
of Texas. The department will recognize automotive repair technicians that
meet the qualifications as set forth herein.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Technician of Texas, the technician must:
(A)
have a minimum of three years full-time automotive repair
service experience;
(B)
possess current certification in the following areas based
on the following tests offered by the National Institute of Automotive Service
Excellence (ASE):
(i)
Engine Repair (ASE Test Al);
(ii)
Electrical/Electronic Systems (ASE Test A6);
(iii)
Engine Performance (ASE Test A8); and
(iv)
Advanced Engine Performance Specialist (ASE Test Ll);
and
(C)
must be employed by a Recognized Emissions Repair Facility
of Texas, as defined herein.
(2)
A Recognized Emissions Repair Technician of Texas shall
perform the following duties:
(A)
complete and certify the VRF form(s); and
(B)
notify the DPS in writing within 14 days of changes in
the technician's ASE testing status.
(3)
Failure to comply with these rules and failure to meet
the qualifications set out herein may result in the department ceasing to
recognize the technician.
(i)
Requirements for Recognized Emissions Repair Facilities
of Texas.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Facility of Texas, the facility must:
(A)
employ at least one full-time Recognized Emissions Repair
Technician of Texas, as described in subsection (h) of this section; and
(B)
possess equipment to perform the functionality of the following
items:
(i)
ammeter;
(ii)
compression tester;
(iii)
cooling system tester;
(iv)
dwellmeter;
(v)
engine analyzer;
(vi)
five gas exhaust analyzer (which can perform diagnostic
repair for at least hydrocarbon (HC), carbon monoxide (CO), carbon dioxide
(CO2), and oxides of nitrogen (NOX);
(vii)
fuel pressure/pressure drop tester;
(viii)
ohmmeter;
(ix)
repair reference information;
(x)
scan tool/or OBDII capable testing equipment;
(xi)
tachometer;
(xii)
timing light;
(xiii)
vacuum/pressure gauge;
(xiv)
vacuum pump; and;
(xv)
volt meter.
(2)
A Recognized Emissions Repair Facility of Texas shall:
(A)
notify the DPS in writing within 14 days of changes in
the facility's technicians' ASE testing status or employment status and the
facility's equipment functionality status; and
(B)
agree in writing upon application for recognition by the
department to maintain compliance with the qualifications enumerated in paragraph
(1) of this subsection, in order to maintain recognition by the department.
(3)
Failure to comply with these rules and failure to meet
the qualifications set out herein, may result in the department ceasing to
recognize the facility.
(j)
Certified emissions inspection station requirements.
(1)
In order to be certified by the department as an emissions
inspection station, for purposes of the emissions I/M program, the station
must:
(A)
be licensed by the department as an official vehicle inspection
station;
(B)
comply with the DPS Rules and Regulations Manual for Official
Vehicle Inspection Stations and Certified Inspectors and other applicable
rules and regulations of the department;
(C)
complete all applicable forms and reports as required by
the department;
(D)
purchase or lease emissions testing equipment that is currently
certified by the
TCEQ
[
(E)
have a designated telephone line dedicated
solely
for each vehicle
emissions
[
(F)
enter into and maintain a business arrangement with the
Texas Information Management System contractor to obtain a telecommunications
link to the Texas Information Management System Vehicle Identification Database
(VID) for each vehicle
emissions
[
(G)
All public certified emissions inspection stations in affected
counties, excluding El Paso County shall offer both the ASM-2 test and the
OBD test. Certified emissions inspection stations in these affected counties
desiring to offer OBD-only emission testing to the public must request a waiver
as low volume emissions inspection station from the department Regional Supervisor.
All public certified emissions inspection stations in El Paso County shall
offer the TSI test. Effective
12 months after TCEQ notification published
in the
Texas Register
[
(2)
Failure to comply with these rules may result the in denial,
suspension or revocation of an inspection station's certificate of appointment,
pursuant to Texas Transportation Code, §548.405, or in a fine, pursuant
to Texas Transportation Code, §542.301
and §548.601
,
in an amount not to exceed that set out in Texas Transportation Code, §542.401.
(k)
Certified emissions inspector requirements.
(1)
To qualify as a certified inspector, an individual must:
(A)
be licensed by the department as an official vehicle inspector;
(B)
must complete the training required for the Vehicle Emissions
Inspection Program and receive the department's current approved inspector's
certificate for such training;
(C)
must comply with the DPS Rules and Regulations Manual for
Official Vehicle Inspection Stations and Certified Inspectors and other applicable
rules
,
[
(D)
complete all applicable forms and reports as required by
the department.
(2)
Failure to comply with these rules may result in the denial,
suspension or revocation of a certified inspector's certificate, pursuant
to Texas Transportation Code, §548.405, or in a fine, pursuant to Texas
Transportation Code, §542.301
and §548.601
, in an amount
not to exceed that set out in Texas Transportation Code, §542.401.
(l)
Inspection and Maintenance Emissions Testing Fees. The
fees for emissions testing will be set by the
TCEQ
[
(m)
Audits.
(1)
The department is authorized to perform covert and overt
audits pertaining to the emissions testing program.
(2)
The department may authorize enforcement personnel or other
individuals to remove, disconnect, adjust, or make inoperable vehicle emissions
control equipment, devices, or systems and to operate a vehicle in the tampered
condition in order to perform a quality control audit of an inspection station
or other quality control activities as necessary to assess and ensure the
effectiveness of the vehicle emissions inspection and maintenance program.
(n)
Authority to publish manuals. The Public Safety Commission
authorizes the director of the Department of Public Safety to promulgate,
publish and distribute necessary manuals of instruction and procedure for
the implementation of the emissions I/M testing program in a manner not inconsistent
with these rules. The department adopts by reference the VEHICLE EMISSIONS
INSPECTION AND MAINTENANCE RULES AND REGULATIONS MANUAL FOR OFFICIAL VEHICLE
INSPECTION STATIONS AND CERTIFIED INSPECTORS as the standard for conducting
emissions inspections in designated counties. Any violation of these rules
and regulations may result in the suspension or revocation of the certificate
of appointment of the vehicle inspection station or certificate of the certified
inspector. Such manual(s) shall be available for public inspection at reasonable
times at offices of the department as designated by the director.
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 1, 2003.
TRD-200302148
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-2135
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter A. COMMITMENT AND RECEPTION
37 TAC §85.3
The Texas Youth Commission (TYC) proposes an amendment to §85.3,
concerning Admission Process. The amendment to the section will clarify that
upon admission, youth who are committed to the agency will be provided with
a written description of the sections of the Family Code dealing with automatic
restriction of records. The youth's parent or guardian will also receive a
copy.
Don McCullough, 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 informing youth and their families about
the rights and restrictions of access to the youth's records. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.0385,
which provides the Texas Youth Commission with the authority to establish
a children's assessment center.
The proposed rule affects the Human Resource Code, §61.034.
§85.3.Admission Process.
(a)-(i)
(No change.)
(j)
Staff shall provide a written explanation
of Sec. 58.209 of the Texas Family Code, regarding access to records, and
a copy will be provided to the parent/guardian or custodian.
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 4, 2003.
TRD-200302252
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §85.61
The Texas Youth Commission (TYC) proposes an amendment to §85.61,
concerning Discharge. The amendment to the section will clarify that youth
other than sentenced or type A violent offenders who have earned probation
as a result of conduct while on parole shall be discharged. An additional
change requires that youth be provided with information regarding the sealing
of their records upon discharge.
Don McCullough, 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 the timely and efficient discharge of eligible
youth. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to establish
rules appropriate to the accomplishment of its functions.
The proposed rule affects the Human Resource Code, §61.034.
§85.61.Discharge.
(a)-(c)
(No change.)
(d)
Discharge Criteria.
(1)
(No change.)
(2)
Special Circumstances.
(A)-(B)
(No change.)
(C)
Youth of any classification except sentenced offender and
type A violent offender shall be discharged under the following circumstances:
(i)
Placement on adult probation for conduct which occurred
while
on parole status.
[
[
(ii)
(No change.)
(D)
(No change.)
(e)-(f)
(No change.)
(g)
A youth's primary service worker
(PSW)
shall
immediately notify the youth of the discharge
.
[
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 4, 2003.
TRD-200302251
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
Subchapter B. EDUCATION PROGRAMS
37 TAC §91.41
The Texas Youth Commission (TYC) proposes an amendment to §91.41,
concerning Education Administration. The amendment to the section will clarify
that TYC schools are accredited under the provisions of the Texas Education
Code, Chapter 30, Subchapter E. Additional revisions state that youth who
have completed a high school diploma or equivalent will continue to participate
in reading and math instruction until they have reached 12.9 in both areas
on the Test of Adult Basic Education or are released from TYC institutions.
The minimum number of hours of daily instruction will increase from six to
seven, and the time allowed for teacher preparation is now 45 minutes.
Don McCullough, 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 the compliance of TYC schools with statutory
requirements of the Texas Education Code. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require youth
in its care to participate in academic training and activities.
The proposed rule affects the Human Resource Code, §61.034.
§91.41.Education Administration.
(a)
Purpose. The purpose of this rule is to establish basic
requirements for the administration of educational services consistent with
applicable
federal and state laws and the educational needs of
Texas Youth Commission (TYC)
[
(b)
(No change.)
(c)
Institutions.
(1)
TYC schools
are
[
(2)
Education programs will comply with
applicable federal
and state requirements.
[
(3)
All youth will be enrolled in an education program. Youth
who have completed high school will be in a post high school training/education
program
and may be
[
(4)
The principal,
assistant principal
[
(5)
The school schedule will include a minimum of
seven
(7)
[
(6)-(7)
(No change.)
(8)
Schools will use available
federal funds
[
(9)
Teaching schedule provides each teacher a minimum of
45 minutes
[
(d)-(e)
(No change.)
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 4, 2003.
TRD-200302250
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.43
The Texas Youth Commission (TYC) proposes an amendment to §91.43,
concerning Basic Education. The amendment to the section will establish that
the individual case plan (ICP) developed for each youth addresses special
education or English as a second language as needed.
Don McCullough, 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 to ensure that special needs of youth are
considered when developing their education and individual case plans. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require the
youth in its care to participate in academic training and activities.
The proposed rule affects the Human Resource Code, §61.034.
§91.43.Basic Education.
(a)
(No change.)
(b)
Assessment Units.
(1)-(2)
(No change.)
(3)
The individual case plan (ICP) developed for each youth
includes academic and vocational objectives for the youth
and addresses
special education or English as a second language as needed
.
(c)
Institutions.
(1)
The institution continues to develop and implement the
ICP
with modifications to address special needs, if applicable
.
(2)-(6)
(No change.)
(7)
Youth who complete all TEA requirements for high school
graduation whole enrolled in a TYC school may graduate from the
TYC
school
[
(8)-(10)
(No change.)
(d)
(No change.)
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 4, 2003.
TRD-200302249
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.84
The Texas Youth Commission (TYC) proposes new §91.84,
concerning Health Insurance. The new section will publish an existing rule
under a new rule number.
Don McCullough, 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 to allow the previous rule number to be used
for a new policy which falls logically and sequentially between other existing
rules. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Family Code, §54.06,
which provides the Texas Youth Commission with the authority to seek reimbursement
from third parties payers for medical expenses of youth committed to the agency.
The proposed rule affects the Human Resource Code, §61.034.
§91.84.Health Insurance.
(a)
Purpose. The purpose of this rule is to establish procedures
whereby the Texas Youth Commission (TYC) shall pursue reimbursement by third
party payers for the medical care of youth committed to the agency.
(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 April 4, 2003.
TRD-200302248
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.87
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §91.87, concerning Health Insurance. The repeal of the section will
allow the section to be published under a new number.
Don McCullough, 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 to allow a new rule relating to Suicide Alert
procedures to be published in logical and sequential order. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Family Code, §54.06, which
provides the Texas Youth Commission with the authority to seek reimbursement
from third party payers for medical expenses of youth committed to the agency.
The proposed rule affects the Human Resource Code, §61.034.
§91.87.Health Insurance.
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 4, 2003.
TRD-200302247
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.87
The Texas Youth Commission (TYC) proposes new §91.87,
concerning Suicide Alert Explanation of Terms. The new section will define
terms used throughout the Texas Youth Commission's policies regarding Suicide
Alert procedures.
Don McCullough, 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 the identification, assessment, protection,
and treatment of youth who verbalize or display suicidal behavior. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The proposed rule affects the Human Resource Code, §61.034.
§91.87.Suicide Alert Explanation of Terms.
(a)
Purpose. The purpose of this rule is to establish explanations
of terms used pursuant to (GAP) §91.88 of this title (relating to Suicide
Alert for Secure Programs), (GAP) §91.89 of this title (relating to Suicide
Alert for Non-Secure Programs), and (GAP) §91.90 of this title (relating
to Suicide Alert for Parole) which establish procedures for the identification,
assessment, treatment, and protection of youth who may be at risk for suicide.
(b)
Explanation of Terms Used.
(1)
Secure Program--A TYC institution or contract program which
contains a security unit.
(2)
Non-Secure Program--A TYC institution or contract program
which does not contain a security unit.
(3)
Mental Health Professional (MHP)--An individual who is
a Psychiatrist, doctoral level Psychologist, master level Associate Psychologist,
Licensed Professional Counselor, or a Licensed Social Worker with an Advanced
Clinical Practitioner (LMSW-ACP) designation. Prior consultation with and
the signature of the DMHP is not necessary for a licensed doctoral level Psychologist
acting as an MHP who determines that a change in SA status or observation/precaution
level is warranted. The licensed doctoral level psychologist shall inform
the DMHP of any such changes in youth status.
(4)
Designated Mental Health Professional (DMHP)--In TYC institutions,
the DMHP shall be a Psychiatrist or a doctoral level Psychologist and is the
individual that has the primary responsibility and accountability for the
evaluation, monitoring, and treatment of a youth referred as a suicide risk.
Where available, the director of clinical services is the DMHP.
(5)
Trained Designated Staff--Staff trained to conduct a Suicide
Risk Screening. In TYC programs this will include superintendent, assistant
superintendent, administrative duty officer (ADO), program administrator (PA),
institution placement coordinator (IPC), principal, caseworker, and Juvenile
Corrections Officer (JCO) V or VI. A JCO V or VI may only conduct a suicide
risk screening during the late night shift in secure programs. JCO staff in
TYC halfway houses may not conduct suicide risk screenings.
(6)
Appropriate Administrator--The highest level local administrative
authority in non-secure programs.
(7)
Suicide Alert- Pending (SA-P)--A temporary status that
begins with the identification of a potentially suicidal youth, by staff,
and terminates after a suicide risk assessment by an MHP.
(8)
Suicide Alert (SA)--A status that begins following a face-to-face
suicide risk assessment by an MHP indicating that a youth is at risk to attempt
suicide or self-injury and is in need of increased supervision.
(9)
Overt Suicide Behavior--A physical act or stated intention
associated with a potentially dangerous or life threatening outcome or imminent
risk of self-injury. The behavior itself may lack the immediate danger, but
accidental risk of death or serious injury is likely. Examples of overt suicidal
behavior include, but are not limited to, jumping from heights with intent
to cause injury, serious and repeated head banging, tying a ligature around
the neck, suffocation, medication overdose, self-mutilation requiring nursing
or medical care, or stated intent to commit suicide with a specific plan to
seriously harm self.
(10)
Non-Lethal Suicide Behavior--The superficial self-injury,
or sudden change in behavior suggesting risk of self-injury. For example,
the youth may display vegetative symptoms of depression, verbalize a non-specific
suicide plan, place an object loosely around the neck, or engage in superficial
self-injurious behavior, without imminent risk of harm.
(11)
Suicide Risk Screening--A standardized face-to-face interview
by an MHP or trained designated staff in consultation with an MHP, to determine
the placement of youth in security intake or general population.
(12)
Suicide Risk Assessment--A clinical face-to-face interview
conducted by an MHP for the determination of suicide risk. The youth participates
in the interview and has an opportunity to make his/her own statement. The
assessment is required for removal of SA-P status, placement on SA status,
continuation of SA status, removal of SA status, or admission and extensions
to protective custody.
(13)
Protective Custody--a segregation program in secure programs
designed for the placement of youth, as determined by an MHP, who are at risk
of serious harm to themselves, and confinement is necessary to protect the
youth from self-harm. A youth may be admitted to protective custody only if
the youth has received a face-to-face assessment by an MHP.
(14)
Secure Observation Area--a location in the security unit,
infirmary, or other secure area where staff may visually check youth to ensure
safety.
(15)
Suicide Levels of Observation--levels of observation,
which are automatically assigned by policy or determined by an MHP to ensure
youth safety. Levels of observation are:
(A)
One-to-One (1:1) Observation--at a minimum, an assigned
staff is within five (5) feet and youth is within sight of staff at all times.
The staff will not be assigned other concurrent duties and must be formally
relieved of the duty by another staff or by the discontinuation of the 1:1
status. This level of observation may be assigned to youth in the general
population or in the security unit.
(B)
Constant Observation--youth is within sight of an assigned
staff at all times. The staff may have concurrent duties if the duties do
not interfere with observation of the youth. Other staff may assist in visual
observation of the youth. This level of observation may be assigned to youth
in the general population or in the security unit.
(C)
Close Observation--youth is visually checked at least once
every ten minutes. Staff may be involved in concurrent duties that allow for
the flexibility needed to check the youth. This level of observation may be
assigned to youth in the general population, but may not be applied to youth
in the security unit where youth are visually checked every three minutes
for overt suicidal behavior and every five minutes for non-lethal suicidal
behavior.
(16)
Minimum Dorm Precautions--A youth on SA-P or SA status
on a dorm shall be monitored by staff according to the level of observation.
These youth should have reduced or monitored access, approved by the MHP,
to potentially dangerous objects such as clothing (e.g., belts, hair accessories,
bath robe, bras, belts, shoes/shoe laces), personal hygiene items (e.g., razors)
or chemical cleaning agents (e.g., bleach, cleaning solvents), and have a
system to ensure constant observation by staff, unless the level of observation
is reduced by an MHP. Youth must sleep in direct sight of staff. This may
involve sleeping on a mattress pulled in front of staff desk, sleeping in
a day area in direct view of staff, sleeping on a bunk/bed in direct sight
of staff, or any other appropriate method of supervision. In consultation
with the principal and/or assistant principal, the youth will have monitored
or restricted access to vocational instruction, or on campus employment, or
any other location where there is access to potentially lethal and/or harmful
objects/machinery. Youth may not participate in off-campus employment or privileges
except for medical treatment or court hearings.
(17)
Minimum Secure Observation Area Precautions--A youth on
SA-P or SA status in a secure observation area other than the security unit
shall be monitored by staff according to the level of observation. These youth
should have reduced or monitored access, approved by the MHP, to potentially
dangerous objects such as clothing (e.g., belts, hair accessories, bath robe,
bras, belts, shoes/shoe laces), personal hygiene items (e.g., razors) or chemical
cleaning agents (e.g., bleach, cleaning solvents), and have a system to ensure
constant observation by staff, unless the level of observation is reduced
by an MHP. Youth in secure observation areas must sleep in direct sight of
staff. This may involve sleeping on a mattress pulled in front of staff desk,
sleeping in a day area in direct view of staff, sleeping on a bunk/bed in
direct sight of staff, or any other appropriate method of supervision. The
youth may not participate in off-campus education, employment or privileges
without the approval of the MHP except for medical treatment or court hearings.
(18)
Minimum Security Precautions for Secure Programs.
(A)
Non-Lethal Suicide Precautions--A youth is admitted to
security intake according to (GAP) §97.37 of this title (relating to
Security Intake), or protective custody according to (GAP) §97.45 of
this title (relating to Protective Custody), and is visually checked once
every five minutes by staff. The room is secured by security staff for safety
prior to placement and checked for safety every shift or as needed between
periods of movement to ensure youth safety. Staff reduces access to potentially
dangerous objects (e.g., limited or controlled/supervised access to plastic
eating utensils, bed linens), issues suicide safe bedding (e.g. use of suicide
blanket). Access to razors is approved by the MHP and visually monitored by
staff. Standard suicide precautions are implemented for any youth referred
for non-lethal suicide behavior or for a youth who originally engaged in overt
suicide behavior but who has stabilized to the point that a reduction in precaution
is indicated. The precautions may be modified, by telephone consultation or
following a face-to-face suicide risk assessment, by an MHP.
(B)
Overt Suicide Precautions--A youth is admitted to security
intake according to (GAP) §97.37 of this title (relating to Security
Intake), or protective custody according to (GAP) §97.45 of this title
(relating to Protective Custody), or a secure observation area, or the infirmary
and is visually checked once every three minutes by staff or, if necessary,
placed on one-to-one (1:1) or constant observation. For youth who engage in
overt suicide behavior as defined in this policy, staff will:
(i)
issue protective clothing (e.g., disposable paper gown,
suicide barrel, etc.). Staff verbally instructs youth to put on protective
clothing and to remove any undergarment. In accordance with (GAP) §97.23
of this title (relating to Use of Force) use of force may be initiated, but
only as a last resort. Staff must consult with the facility administrator
and/or MHP, regarding alternative interventions that do not involve use of
force. When physical or mechanical restraint is employed, at least one staff
conducting the restraint must be the same gender as the youth. Staff provides
repeated opportunities during the restraint for youth to remove own clothing.
If there is no same gender staff available, the youth remains on one-to-one
(1:1) observation until such staff is available.
(ii)
implement other security precautions, including:
(I)
suicide safe bedding (e.g. suicide blanket) and,
(II)
where available, placement in a suicide safe room (e.g.,
no bed frame or toiletry in room, video camera, etc.) which is checked for
safety every shift or as needed between periods of movement, and
(III)
placement on a "finger food" diet to ensure youth safety;
and
(IV)
access to razors only if approved by the MHP and visually
monitored by staff.
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 4, 2003.
TRD-200302246
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.88
The Texas Youth Commission (TYC) proposes new §91.88,
concerning Suicide Alert for Secure Programs. The new section establishes
procedures to be used at secure TYC programs for the identification and treatment
of potentially suicidal TYC youth.
Don McCullough, 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 the identification, assessment, protection,
and treatment of youth who verbalize or display suicidal behavior. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The proposed rule affects the Human Resource Code, §61.034.
§91.88.Suicide Alert for Secure Programs.
(a)
Purpose. The purpose of this rule is to establish procedures
for the identification, assessment, treatment, and protection of youth that
may be at risk for suicide. Treatment will be provided within the least restrictive
environment necessary to ensure safety.
(b)
Applicability.
(1)
This rule applies to all youth currently assigned to placement
in Texas Youth Commission (TYC) institutions and secure contract programs.
(2)
This rule must be read in conjunction with (GAP) §91.87
of this title (relating to Suicide Alert Explanation of Terms).
(3)
If a youth is admitted to protective custody following
a face to face assessment by a mental health professional (MHP), this rule
must also be applied in conjunction with (GAP) §97.45 of this title (relating
Protective Custody).
(c)
Initial Identification of Youth at Risk for Suicide
(1)
Any staff hearing or observing a youth engage in or verbalize
non-lethal or overt suicide behavior must immediately respond in a manner
that protects youth safety. Staff will immediately seek medical attention
for youth if necessary. Staff must provide minimum dorm precautions to prevent
dangerous or potentially dangerous behavior, which includes constant observation
and confiscating materials which could potentially be used for self-injury.
(2)
A youth in general population who has engaged in or verbalized
suicide behavior must be referred to security intake according to the procedures
in (GAP) §97.37 of this title (relating to Security Intake) and immediately
placed on Suicide Alert Pending (SA-P). The youth is placed on overt suicide
security precautions upon arrival to security intake.
(3)
A youth in a segregation program who has engaged in or
verbalized suicide behavior will be immediately placed on Suicide Alert -
Pending (SA-P) with overt suicide precautions.
(4)
An MHP and a trained designated staff approved to conduct
suicide risk screenings are contacted immediately.
(5)
A face-to-face suicide risk screening will be initiated
within one hour of referral to security intake by a trained designated staff
or an MHP. An MHP will make a decision, based on a clinical determination
of risk and the suicide risk screening, whether the youth will temporarily
remain in security intake or be released to the general population.
(6)
An MHP will conduct a face-to-face suicide risk assessment
to determine suicide alert (SA) status and treatment/placement options.
(d)
Temporary Placement of Youth Following a Suicide Risk Screening.
Prior to a face-to-face suicide risk assessment, the following two temporary
placement options are available to an MHP after a trained designated staff
conducts a suicide risk screening:
(1)
Retain Youth in Security Intake. Youth who have engaged
in overt suicide behavior must be retained in security intake. Youth who have
engaged in non-lethal suicide behavior may also be retained in security intake,
at the discretion of an MHP.
(A)
Youth will continue on SA-P status. An MHP will determine
the suicide level of observation and minimum security precautions.
(B)
For youth engaging in overt suicidal behavior, the MHP
must conduct a face-to-face suicide risk assessment within three hours of
referral to security intake.
(C)
Youth engaging in non-lethal suicide behavior are maintained
in security intake up to 24 hours after referral, pending a face-to-face assessment
by an MHP.
(2)
Return Youth to General Population. Return to general population
is available only for youth who have engaged in non-lethal suicide behavior.
(A)
Youth will continue on SA-P status on, at a minimum, constant
observation.
(B)
Dorm staff will monitor the youth according to minimum
dorm precautions.
(C)
The MHP will monitor youth's mental status by consulting
with appropriate staff at least every 24 hours.
(D)
The MHP will conduct a face-to-face suicide risk assessment
within 72 hours of initial referral to security intake.
(3)
If a youth on SA-P at any time displays behavior suggesting
deterioration in emotional condition, appropriate actions will be taken to
ensure the youth's safety, which may include re-admission to security intake
if the youth has been returned to the general population. The MHP is immediately
advised of the change in the youth's condition.
(e)
MHP Face-to-Face Suicide Risk Assessment.
(1)
Based on the face-to-face suicide risk assessment with
the youth, an MHP determines whether to place the youth on SA. An MHP may
do one of the following:
(A)
remove the SA-P status;
(B)
place the youth on SA status and assign a level of observation,
which may include admission to protective custody. If a youth is admitted
to Protective Custody, this policy must be read in conjunction with (GAP) §97.45
of this title (relating to Protective Custody);
(C)
seek emergency psychiatric placement if the youth is in
serious imminent risk of self-injury and cannot be safely managed in protective
custody. The MHP, in consultation with the Designated Mental Health Professional
(DMHP) or contract psychiatrist, places the youth on one-to-one (1:1) observation
and seeks placement in the following order:
(i)
the Corsicana Stabilization Unit (CSU);
(ii)
the nearest MHMR hospital; or
(iii)
as a last resort, a private psychiatric hospital.
(D)
admit the youth to the infirmary with one-to-one (1:1)
observation if no other options are available, or there are compelling medical
reasons.
(2)
An MHP, in consultation with the DMHP, develops a plan
of treatment to ensure youth safety. The plan includes the monitoring of youth
on SA status and regular individual counseling and assessment sessions until
youth is removed from SA. The plan also includes consultation with the youth's
direct care staff, caseworker, and/or program administrator.
(3)
The MHP who is assigned to the youth on SA status may,
with prior consultation with the DMHP, release a youth from protective custody
or reduce the level of observation of youth on SA status.
(f)
Removal of Youth from SA Status.
(1)
The MHP who is assigned to the youth on SA status may,
with prior consultation with the DMHP, remove the SA status.
(2)
The DMHP may remove a youth from SA status or modify the
level of supervision upon a face-to-face interview with the youth
(g)
Transfer of Youth on SA Status.
(1)
Youth who are on SA status may not be moved to another
placement unless:
(A)
the receiving placement is a TYC institution or residential
treatment center, or other placement having on-site psychiatric staff who
may function as an MHP; and
(B)
the DMHP at the sending site approves and coordinates the
transfer of the youth and clinical responsibilities in consultation with the
DMHP at the receiving site.
(2)
Youth who transfer from one facility to another must receive
a suicide risk assessment from the receiving facility, within 72 hours of
arrival if:
(A)
youth is on SA or SA-P status; or
(B)
youth has history of suicide behavior within the past six
months.
(h)
Notification.
(1)
Every TYC facility and secure program develops a system
of notification of key personnel to identify youth on SA or SA-P.
(2)
Facility staff shall notify the parent or guardian of a
youth placed on SA as a result of overt suicide behavior and when the youth
is removed from SA.
(3)
Appropriate central office staff will be notified of life
threatening suicide attempts or completed suicide as outlined by procedures
in (GAP) §07.03 of this title (relating to Incident Reporting).
(i)
Training. All direct care staff in TYC facilities and in
secure programs will receive initial suicide prevention training and annual
updates. Staff designated to conduct suicide screenings receive training from
an MHP regarding suicide alert policy, suicide indicators, and suicide screening.
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 4, 2003.
TRD-200302245
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.89
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §91.89, concerning Suicide Alert. The repeal of the section will allow
for a new rule to be published in its place.
Don McCullough, 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 the identification, assessment, protection,
and treatment of you who verbalize or display suicidal behavior. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The proposed rule affects the Human Resource Code, §61.034.
§91.89.Suicide Alert.
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 4, 2003.
TRD-200302244
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.89
The Texas Youth Commission (TYC) proposes new §91.89,
concerning Suicide Alert for Non-Secure Programs. The new section establishes
procedures to be used at non-secure TYC programs for the identification and
treatment of potentially suicidal TYC youth.
Don McCullough, 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 the identification, assessment, protection,
and treatment of youth who verbalize or display suicidal behavior. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The proposed rule affects the Human Resource Code, §61.034.
§91.89.Suicide Alert for Non-Secure Programs.
(a)
Purpose. The purpose of this rule is to establish procedures
for the identification, assessment, protection, and treatment of youth that
may be at risk for suicide within the least restrictive environment to ensure
safety.
(b)
Applicability. This rule applies to all youth currently
assigned to placement in Texas Youth Commission (TYC) medium restriction halfway
houses, and non-secure contract residential facilities. This rule must be
applied in conjunction with (GAP) §91.87 of this title (relating to Suicide
Alert Explanation of Terms).
(c)
Initial Identification of Youth at Risk for Suicide
(1)
Any staff hearing or observing a youth engage in or verbalize
non-lethal or overt suicide behavior must immediately respond in a manner
that protects youth safety. Staff will immediately seek medical attention
if necessary. Staff must provide, at a minimum, constant observation to prevent
dangerous or potentially dangerous behavior, which includes confiscating materials
used or which could potentially be used for self-injury.
(2)
Youth who have engaged in non-lethal or overt suicide behavior
must immediately be designated as Suicide Alert - Pending (SA-P) and placed
in a secure observation area with minimum secure observation area precautions,
pending an assessment by an MHP.
(3)
Youth on SA-P are not allowed community access, including
community service, employment, or academic attendance, unless supervised on,
at a minimum, constant observation by staff.
(4)
A trained designated staff initiates a face-to-face suicide
risk screening within one hour and consults with an appropriate administrator
regarding the results of the screening.
(5)
The appropriate administrator will assign a level of observation
based on the results of suicide risk screening and contact a mental health
professional (MHP) to arrange a face-to-face suicide risk assessment.
(A)
For youth engaging in non-lethal behavior, the administrator
will ensure the youth remains in a secure observation area on at least constant
observation, pending a face-to-face assessment by an MHP.
(B)
For youth engaging in overt suicide behavior, the administrator
will ensure the youth remains in a secure observation area on one-to-one (1:1)
observation, until a face-to-face assessment by an MHP is conducted.
(6)
In the event that a youth on SA-P, pending assessment by
an MHP, displays behavior suggesting deterioration of emotional condition
indicating serious or imminent risk of self-injury, the appropriate administrator
coordinates increased supervision, to include one to one (1:1) observation
and/or emergency psychiatric care. Increased supervision for youth not on
parole status may include temporary admission to a high restriction TYC facility.
(7)
If the time required to obtain an MHP to conduct a suicide
risk assessment is exceeded, the youth remains on one-to-one (1:1) observation.
The facility staff notifies the appropriate administrator in person or directly
by telephone to arrange staff coverage and required supervision. The appropriate
administrator may secure emergency psychiatric care to obtain an evaluation
of the youth.
(d)
MHP Face-to-Face Suicide Risk Assessment.
(1)
For Non-Lethal Suicidal Behavior. Within 72 hours of placement
on SA-P status, the MHP must do the following:
(A)
consult with appropriate staff to review the results of
the suicide risk screening;
(B)
conduct a face-to-face suicide risk assessment;
(C)
determine whether to remove the SA-P status or place the
youth on SA;
(D)
determine whether youth may be safely managed within the
structure of the current placement; and
(E)
assign the level of observation and develop a plan of treatment
for youth placed on SA, including the supervision requirements and degree
of community restrictions necessary to ensure youth safety.
(2)
For Overt Suicidal Behavior. Within 3 hours of placement
on SA-P, the MHP must do the following:
(A)
consult with appropriate staff to review the results of
the suicide risk screening;
(B)
conduct a face-to-face suicide risk assessment;
(C)
determine whether to remove the SA-P status or place the
youth on SA;
(D)
determine whether youth may be safely managed within the
structure of the current placement;
(E)
assign the level of observation and develop a plan of treatment
for youth placed on SA, including the supervision requirements and degree
of community restriction necessary to ensure youth safety.
(3)
Youth Who Cannot Be Safely Managed in Current Placement.
If an MHP determines that a youth on SA cannot be safely managed within the
structure of the current placement, the appropriate administrator will:
(A)
ensure one-to-one observation for the youth until an emergency
psychiatric placement is obtained;
(B)
obtain emergency placement directly to the Corsicana Stabilization
Unit (CSU) or, if the CSU is not able to receive the youth, placement in a
local MHMR hospital or, as a last resort, a private psychiatric hospital.
For youth not on parole status, the administrator may seek temporary admission
to protective custody in a high restriction TYC facility pending emergency
psychiatric placement.
(C)
maintain communication with staff at the emergency placement
to obtain current mental status information and assess the length and suitability
of the current placement. If the emergency placement exceeds five days, the
administrator initiates alternate placement in a more secure facility.
(4)
In the event that a youth on SA in a non-secure placement
displays behavior that indicates a serious or imminent risk of self-injury,
an MHP is immediately contacted and the youth is placed on one-to-one (1:1)
observation pending a face-to-face suicide risk assessment by and MHP. The
appropriate administrator may seek emergency psychiatric care.
(5)
For youth maintained on SA and on constant and/or one-to-one
observation longer than seven days in placements other than the Corsicana
Stabilization Unit, the appropriate administrator in TYC Halfway House programs
or the appropriate TYC staff for contract programs will pursue an alternative
placement with longer-term stabilization, clinical resources, and increased
supervision where the youth may be safely managed.
(e)
Removal of Youth from SA Status. The MHP that initially
placed the youth on SA may remove the youth from SA status or reduce the level
of supervision immediately following a face-to-face assessment. If the youth
has been transferred to another TYC operated institution for emergency placement,
the MHP at the receiving facility may remove the youth from SA status or reduce
the level of supervision immediately following a face-to-face assessment.
(f)
Notification.
(1)
Every TYC facility and contract residential program develops
a system of notification of key personnel to identify youth on SA or SA-P
in the general population.
(2)
Facility staff shall notify the parent or guardian of a
youth placed on SA as a result of overt suicide behavior and when the youth
is removed from SA.
(3)
Appropriate central office staff will be notified of life
threatening suicide attempts or completed suicide as outlined by procedures
in (GAP) §07.03 of this title (relating to Incident Reporting).
(g)
Training. All direct care staff in TYC operated facilities
and in contract residential programs will receive initial suicide prevention
training and annual updates. Staff designated to conduct suicide screenings
receive annual training by an MHP regarding suicide alert policy, suicide
indicators, and suicide screening.
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 4, 2003.
TRD-200302243
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
37 TAC §91.90
The Texas Youth Commission (TYC) proposes new §91.90,
concerning Suicide Alert for Parole. The new section establishes procedures
to be used by staff when they are made aware of potentially suicidal behavior
exhibited by TYC youth paroled in the community.
Don McCullough, 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 the identification of youth on parole who
display suicidal behavior. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.040,
which provides the Texas Youth Commission with the authority to provide active
parole supervision for youth given conditional release.
The proposed rule affects the Human Resource Code, §61.034.
§91.90.Suicide Alert for Parole.
(a)
Purpose. The purpose of this rule is to establish procedures
for the identification, assessment, treatment and protection of youth that
may be at risk for suicide within the community on parole to ensure safety.
(b)
Applicability. This rule applies to all youth currently
assigned to parole in the community in the Texas Youth Commission (TYC). This
rule must be applied in conjunction with (GAP) §91.87 of this title (relating
to Suicide Alert Explanation of Terms).
(c)
Initial Identification of Youth at Risk for Suicide
(1)
Any staff hearing or observing a youth engage in or verbalize
non-lethal or overt suicide behavior must immediately respond in a manner
that protects youth safety.
(2)
For youth engaging in non-lethal suicide behavior, staff
will immediately notify the family or legal guardian of the youth's behavior
and provide community resource information where a Mental Health Professional
(MHP) may be consulted.
(3)
For youth engaging in overt suicide behavior, staff will
immediately notify local law enforcement and the family or legal guardian
and provide community resource information where an MHP may be consulted.
(d)
Notification. For youth who have engaged in life threatening
overt suicide behavior or who have completed suicide, staff will immediately
report the incident to Executive staff in Central Office.
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 4, 2003.
TRD-200302242
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.21
The Texas Youth Commission (TYC) proposes an amendment to §95.21,
concerning Aggression Management Program. The amendment to the section will
establish new criteria for progression through the stages of the program and
release from the program. Additional minor revisions provide clarification
to admission criteria.
Don McCullough, 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 the safe and effective management of dangerously
aggressive behavior exhibited by youth assigned to a Texas Youth Commission
institution. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish special needs treatment programs and criteria for
confinement under conditions which best serve the welfare of youth and protection
of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.21.Aggression Management Program.
(a)-(b)
(No change.)
(c)
Eligibility Criteria. Any youth, (other than females or
sentenced offenders eligible for transfer to the Institutions Division of
the Texas Department of Criminal Justice
(TDCJ)
[
(1)
(No change.)
(2)
The youth committed, attempted to commit, or helped someone
else commit at least one of the following offenses:
(A)-(B)
(No change.)
(C)
intentionally participated in a riot
that caused bodily
injury or property damage of over $500.00
; or
(D)
used or
attempted
[
(3)
(No change.)
(d)
Admission Decision Process.
(1)-(4)
(No change.)
(5)
Priority is given to youth with the most dangerous [
(e)
Release from AMP.
(1)
Program Completion Requirements.
(A)
Youth are released from AMP upon successful completion
of
the following
requirements:
(i)
stages I through V of the AMP
:
[
(I)
Stage I. Youth must complete
a minimum of 15 consecutive days without an aggressive act or credible threat
of one; and
(II)
Stages II-V. Youth must:
(-a-)
complete a minimum of 30 consecutive days
on each stage without an aggressive act or credible threat of one; and
(-b-)
have 30 days on each stage of program compliance;
and
(-c-)
have completed phase A-2, B-2, C-2; and
(ii)
at least phase A-2, B-2, C-2. Youth may not achieve
higher than phase A-4, B-2, C-2 in stages I-III and phase A-4, B-2, C-3 in
stages IV-V.
[
[
[
[
[
[
(B)
Program compliance is defined as completion of the resocialization
phases (phase components) required for each of the stages as specified in
this policy.
(i)-(iii)
(No change.)
(iv)
The treatment team will determine the appropriate stage
for each youth using compliance with ICP objectives as the criteria. A youth
may be retained on or promoted to the next stage based on completing ICP objectives.
However, youth may be assigned to a lower stage based only on specific acts
of aggressive behavior
or loss of Behavior phase in resocialization
.
The treatment team shall document the reasons used to support their decisions
and may make recommendations for modification of the treatment objectives
or strategies.
(v)
(No change.)
(C)
(No change.)
(D)
The youth will return to the facility that initiated
the commitment to AMP. If there are compelling circumstances to prevent the
youth from returning to the committing facility, the committing facility will
notify the appropriate director of juvenile corrections. The appropriate director
of juvenile corrections will make a determination of the appropriate placement.
[
(2)
(No change.)
(f)
Stage Requirements and Conditions. A youth obtains stages
in the AMP based upon the following criteria.
(1)
Stage I.
(A)-(B)
(No change.)
(C)
Youth will spend
at least two (2)
[
(2)
Stage II.
(A)
(No change.)
(B)
Youth must have 30 days of program compliance including
successful completion of
three (3) of the five (5) indicators for the
Correctional Therapy Phase C-1 main objective located in the ABC's of Phase
Assessment, C1 page 4. The required three (3) main objective indicators are
as follows:
[
(i)
indicator 1: define a Life
Story;
(ii)
indicator 2: define Offense
Cycle; and
(iii)
the third indicator can be
any of the remaining indicators for the main objective.
(C)
Youth must have 30 days of
program compliance including successful completion of three (3) of the five
(5) sub-objectives located in the ABC's of Phase Assessment, C1 page 4. The
required three (3) sub-objectives are as follows:
(i)
sub-objective: Thinking Errors to include indicator
1;
(ii)
sub-objective: Empathy to include indicator
1; and
(iii)
the third sub-objective to include indicator
1 can be any of the remaining sub-objectives excluding Layout. The Layout
must be the last sub-objective to be completed.
(D)
Youth must maintain the Behavior
Phase B-1 behavior objectives located in the ABC's of Phase Assessment, B1
page 2.
(E)
Youth must complete the Academic/Workforce
Development Phase A-1 main and sub-objective located in the ABC's of Phase
Assessment, A1 page 2.
(F)
[
(G)
[
(3)
Stage III.
(A)
(No change.)
(B)
Youth must have 30 days of program compliance including
successful completion of all
Academic/Workforce, Behavior and Correctional
Therapy of Phase 1 with the Layout sub-objective the last to be completed
[
(C)
(No change.)
(D)
Youth will spend up to six
(6)
hours a day out
of the locked room
in structured activities following the daily program
.
(4)
Stage IV.
(A)-(C)
(No change.)
(D)
Youth must complete
three (3) of the four (4) indicators
for the Correctional Therapy Phase C-2 main objective located in the ABC's
of Phase Assessment, C2 page 4. The required three (3) main objective indicators
are as follows:
[
(i)
indicator 1: accurately discusses
significant life events;
(ii)
indicator 3: identifies significant
unmet needs; and
(iii)
the third indicator can be
any of the remaining indicators for the main objective.
(E)
Youth must complete three(3)
of the five (5) sub-objectives, excluding the Layout sub-objective that must
be completed last, located in the ABC's of Phase Assessment, C2 page 4.
(F)
Youth must complete the Academic/Workforce
Development Phase A-2 main and sub-objective located in the ABC's of Phase
Assessment, A1 page 2.
(G)
Youth must maintain the Behavior
Phase B-2 behavior objectives located in the ABC's of Phase Assessment, B1
page 2.
(H)
[
(5)
Stage V.
(A)
(No change.)
(B)
Youth must successfully complete all
main objectives
and sub-objectives to include the Layout sub-objective of Academic/Workforce
and Correctional Therapy phase 2 of the ABC's of Phase Assessment. The Behavior
Phase 2 objectives must be maintained.
[
(C)
(No change.)
(D)
Youth will spend up to 14 hours a day out of the locked
room
in structured activities following the daily program
.
(g)
Program Components.
(1)-(5)
(No change.)
(6)
Individual Counseling.
(A)
Youth in stage I will receive at least one
(1)
hour
a week of individual counseling from either the
PSW
[
(B)-(C)
(No change.)
(7)
Group Therapy.
(A)
Group therapy will be offered on stages I-III in the AMP.
The emphasis will be on individual
Correctional Therapy phase 1
resocialization
work in stages I and II and on core group in stage III.
(B)
(No change.)
(8)
Behavior Management. Youth are expected to follow their
prescribed schedules and commit no rule violations per (GAP) §95.3 of
this title
(relating to Rules of Conduct)
[
(9)-(10)
(No change.)
(h)
Program Monitoring and Youth Rights.
(1)
(No change.)
(2)
Youth will be offered the opportunity to meet with the
assistant superintendent
[
(3)
(No change.)
(i) -(j)
(No change.)
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 4, 2003.
TRD-200302241
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6166
Subchapter A. SECURITY AND CONTROL
37 TAC §97.37
The Texas Youth Commission (TYC) proposes an amendment to §97.37,
concerning Security Intake. The amendment to the section will establish procedures
for admitting potentially suicidal youth to security intake. The amendment
also establishes procedures and controls to ensure that such youth are assessed
in person by a mental health professional.
Don McCullough, 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 is the identification, assessment, protection,
and treatment of youth who have verbalized or engaged in suicidal behavior.
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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.045
Operations of Programs and Facilities, which provides the Texas Youth Commission
with the authority to establish rules and procedures appropriate to the accomplishment
of its functions.
The proposed rule affects the Human Resource Code, §61.034.
§97.37.Security Intake.
(a)
Purpose.
(1)
The purpose of this rule is to establish criteria
and procedure for segregating youth from the general population under certain
circumstances. Each Texas Youth Commission (TYC) operated
institution
[
(2)
If a youth from the community
is referred to the institution for placement in protective custody, and the
youth arrives without a formal assessment by a mental health professional
(MHP), that youth will be placed in security intake, pending face-to-face
assessment.
(b)
Applicability. This rule does not apply to:
(1)-(3)
(No change.)
(4)
the use of the same or adjacent
space when used specifically as protective custody. See (GAP) §97.45
of this title (relating to Protective Custody).
(5)
[
(6)
[
(c)
Referral and Admission Criteria. A youth may be admitted
to security intake if there is reason to believe, based on overt acts by the
youth, and/or under the following circumstances:
(1)
(No change.)
(2)
the youth is a serious and immediate physical danger to
[
(3)
the youth engages in or verbalizes
overt or non-lethal suicide behavior as defined in (GAP) §91.87 of this
title (relating to Suicide Alert Explanation of Terms); or
(4)
[
(5)
[
(6)
[
(7)
[
(d)
Referral and Admission Process.
(1)-(4)
(No change.)
(5)
Designated staff include the superintendent, assistant
superintendent, administrative duty officer (ADO), program administrator (PA),
institution placement coordinator (IPC), principal, psychologist, caseworker,
or designated juvenile correctional officer (JCO)
VI
[
(6)
If a youth is referred to security
intake for danger of injury to self, this policy needs to be read in conjunction
with (GAP) §91.88 of this title (relating to Suicide Alert for Secure
Programs). Security staff shall immediately contact an MHP and a trained designated
staff who must initiate a suicide risk screening within one (1) hour from
referral.
(7)
[
(8)
[
(e)
Security Intake Termination/Other Segregation Programs.
(1)
Within 24 hours of admission to security intake, a youth
shall be:
(A)
(No change.)
(B)
admitted to one of the following programs:
(i)-(ii)
(No change.)
(iii)
protective custody - if it
is determined by an MHP, following a face-to-face assessment, that protective
custody admission criteria are occurring. See (GAP) §97.45 of this title.
(2)
If a youth is admitted to security intake for any
reason other than danger of injury to self, the youth
[
(3)
Youth admitted to security
intake for danger of injury to self may only be released from security intake
to the general population under two circumstances:
(A)
by an MHP in accordance with (GAP) §91.88
of this title; or
(B)
If an MHP does not assess the youth within 24
hours of admission to intake. The superintendent or assistant superintendent
will be contacted immediately and the youth will be returned to the general
population under one-to-one (1:1) observation until an MHP conducts a face-to-face
suicide risk assessment.
(f)
Restrictions.
(1)-(2)
(No change.)
(3)
The superintendent or
assistant superintendent
[
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 4, 2003.
TRD-200302240
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6166
37 TAC §97.45
The Texas Youth Commission (TYC) proposes new §97.45,
concerning Protective Custody. The new section will create a segregation program
in secure TYC facilities and contract programs in order for potentially suicidal
youth to be temporarily removed from the general population. The new rule
will further establish a schedule for clinical assessments and monitoring
of such youth by a mental health professional, along with establishing requirements
for re-integrating youth back in to the general population.
Don McCullough, 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 the protection, monitoring, and treatment
of potentially suicidal youth. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to establish
rules appropriate to the accomplishment of its functions.
The proposed rule affects the Human Resource Code, §61.034.
§97.45.Protective Custody
(a)
Purpose. The purpose of this rule is to provide for a protective
custody program in Texas Youth Commission (TYC) institutions and secure contract
programs for the placement of youth who are determined to be at risk of serious
harm to themselves and to establish program operation requirements.
(b)
Applicability.
(1)
This rule does not apply to:
(A)
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);
(B)
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);
(C)
the use of the same or adjacent space when used specifically
as disciplinary segregation. See (GAP) §95.17 of this title (relating
to Behavior Management Program);
(D)
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);
(E)
the use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation);
(F)
the aggression management program (AMP). See (GAP) §95.21
of this title (relating to Aggression Management Program).
(2)
When a youth is admitted to protective custody, this policy
must be read in conjunction with (GAP) §91.87 of this title (relating
to Suicide Alert Explanation of Terms) and (GAP) §91.88 of this title
(relating to Suicide Alert for Secure Programs).
(c)
Admission Criteria. A youth may be admitted to the protective
custody program only if the youth has received a face-to-face assessment by
a mental health professional (MHP), and the MHP has determined that:
(1)
based on the youth's actions, statements, or mental status,
the youth is a serious and immediate physical danger to himself/herself; and
(2)
confinement in the security unit is necessary to protect
the youth from self-harm, and there is no less restrictive setting that provides
the necessary level of security and staff supervision.
(d)
Admission and Release Process.
(1)
Based upon the MHP's assessment that admission criteria
are met, the youth will be admitted into protective custody for up to 24 hours.
(2)
All admissions to protective custody are reviewed within
one (1) working day to determine if policy and procedures have been followed.
(3)
The youth may be released from protective custody only
if:
(A)
a mental health professional determines the youth may return
to the regular program immediately following a face-to-face suicide risk assessment;
and
(B)
the MHP has consulted with the designated mental health
professional (DMHP), as defined in (GAP) §91.87 of this title (relating
to Suicide Alert Explanation of Terms), prior to releasing the youth from
protective custody; or
(C)
A review of the admission to protective custody reveals
that the youth is being held in violation of policy.
(e)
Extended Stay Requirements.
(1)
A youth may not be held in protective custody beyond 24
hours from admission to the program unless an MHP conducts a second face-to
face suicide risk assessment and the MHP determines that the youth continues
to be a serious and immediate physical danger to himself/herself and continued
confinement is necessary to prevent self-harm.
(2)
The youth may continue to be held in protective custody
with a face-to-face suicide risk assessment completed every 24 hours after
initial placement to evaluate the youth's status and need for continued placement.
(3)
Each 24-hour extension decision will be reviewed within
one (1) working day to determine if policy and procedures were followed.
(4)
Every seven (7) days following a youth's admission into
protective custody, the TYC facility's DMHP shall review the documentation
relating to protective custody including the youth's treatment plan.
(5)
If the youth remains in protective custody beyond 14 days,
the director of treatment and case management shall review the MHP's evaluations
and the youth's treatment plan shall be reviewed at least every three (3)
days thereafter. Assessments will continue to be completed by the MHP every
24 hours.
(f)
Appeals. The youth has the right to appeal his/her placement
through the youth complaint system at any point in this process.
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 4, 2003.
TRD-200302239
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 18, 2003
For further information, please call: (512) 424-6014
Subchapter A. YOUTH RECORDS
criminal intelligence
]
service;
(B)
driver and vehicle records;]
(C)
statistical services of driver
and vehicle records (accident records function only);]
(D)
] vehicle inspection service,
parameter vehicle emission and vehicle idle emission inspection and maintenance
(primary responsibility);
(E)
] motorcycle operator training
and all- terrain vehicle certification;
(F)
] controlled substance registration;
(G)
] alcohol testing program;
(c)
Drivers License Service. The
program of the Drivers License Service is "The Licensing and Postlicense Control
of Drivers, Police Traffic Supervision, and General Law Enforcement." This
program consists of the following major activities:]
(1)
examination of new drivers;]
(2)
improvement and control of problem drivers;
and]
(3)
traffic and criminal law enforcement.]
(d)
] Vehicle Inspection Service.
The program of the Vehicle Inspection Service is "Vehicle Inspection Station
Supervision, Police Traffic Supervision, and General Law Enforcement." This
program includes the following major activities:
(e)
] Safety Education Service. The
program of the Safety Education Service is "Public Safety Education." This
program consists of the following major activities:
(f)
] Communications Service. The
program of the Communications Service is "Police Communication." This program
consists of the following activities:
(g)
] General Obligations. Personnel
of all services, agencies, and units in the department are subject to assignment
by the director to perform in any program or activity when he deems such assignments
necessary.
(h)
] Motor Carrier Bureau. The program
of the Motor Carrier Bureau is to provide administrative support applicable
to the License and Weight Service relative to motor carrier safety issues.
This program consists of the following sections.
Chapter 18.
DRIVER EDUCATION Driving ] School Prior to Issuing Instruction Permits.
tests
] to each student
. Each
[
and the
] student
issued an Instruction Permit
must have passed the Class C--Road Signs
and Class C--Road Rules tests with a score of at least 70% on each. The tests
will be administered by the
commercial
driver training school in
accordance with the following guidelines:
education
]
school utilizing a device suitable for accurately measuring a person's visual
acuity and in a manner which is consistent with the procedures prescribed
by the manufacturer of the device. The results of the student's visual acuity
will be recorded on the Texas Driver Education Certificate, form DE-964. If
the student normally wears corrective lenses and/or has no objection to being
restricted to wearing corrective lenses while driving, the student must be
tested with corrective lenses. Record the uncorrected vision test results
on the DE-964 certificate in the spaces provided. If the vision is checked
with corrective lenses, the corrected vision test results will also be recorded.
The test results will be evaluated upon presentation of the DE-964 certificate
to the Driver License office after issuance of the instruction permit by the
commercial driver training
[
driving
] school. If a license
restriction is required due to vision limitations, an instruction permit will
be issued by the department which indicates the proper restriction(s). Students
with obvious visual problems should be referred to the Driver License office
where the instruction permit will be issued after testing and any necessary
referrals to vision specialists. A student with obvious vision problems should
not be issued an instruction permit by a
commercial driver training
[
driving
] school nor should behind-the-wheel instruction be given until
the student is issued a permit.
education
] school may administer the vision, Class C--Road Signs, and
Class C--Road Rules parts of the driver examination only to a student enrolled
in the school for purposes of satisfying the examination requirements of the
Driver License Law and only when the
commercial driver training
[
driving
] school is going to issue the instruction permit as prescribed
herein. Tests may be reviewed with a student after completion of the exam,
but students may not be given copies of the tests. The tests may not be reviewed
with students prior to testing.
Chapter 19.
BREATH ALCOHOL TESTING REGULATIONS
§724
]. Approval of breath alcohol test instruments will be made by brand
and/or model by the scientific director.
Chapter 23.
VEHICLE INSPECTION
which are
] defined by the TCAA, the following
words and terms, when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise.
These
] counties [
are
specified in Texas Natural Resource Conversation Commission (TNRCC) rules,
]
in
30 TAC §114.50.
from
] two years old
through
[
to
] and including 24 years old;
and
in or
] required to be
registered
,
[
in and
] primarily operated
, or
[
in a designated county; and
]
(D)
]
subject to
the
"Emissions Test
on Resale" requirement
in an affected county
.
(D)
] motor vehicles registered in an affected county but not primarily
operated in an affected county.
(10)
] I/M--refers to Inspection
and Maintenance.
(11)
] Inspection station--refers
to an inspection station/facility as defined in the Texas Transportation Code, §548.001.
(12)
] Inspector--refers to an inspector
as defined in the Texas Transportation Code, §548.001.
(13)
] Motorist--refers to a person
or other entity responsible for the inspection, repair, maintenance or operation
of a motor vehicle, which may include, but is not limited to, owners or lessees.
(14)
] Out-of-cycle test--refers
to an emissions test not associated with the annual vehicle safety inspection
testing cycle.
(15)
] OBD (On-board diagnostic
system)--Computer system installed in a 1996 and newer vehicles by the manufacturer
which monitors the performance of the vehicle emissions control equipment,
fuel metering system, and ignition system for the purpose of detecting malfunction
or deterioration in performance that would be expected to cause the vehicle
not to meet emissions standards. All references to OBD should be interpreted
to mean the second generation of this equipment, sometimes referred to as
OBD II.
(16)
] Person--refers to a human
being, a partnership or a corporation that is recognized by law as the subject
of rights and duties.
(17)
] Primarily operated in--refers
to the use
, including driving, parking, or storing,
of a motor
vehicle
for
[
greater than
] 60 days
or more
per
calendar year in
affected
[
designated
] counties. It
is presumed that a vehicle is primarily operated in the county in which it
is registered; the burden is on the motorist to overcome this presumption
by a preponderance of the evidence.
(18)
] Re-test--refers to a successive
vehicle emissions inspection following the failure of an initial emissions
test by a vehicle.
(19)
] Revised Texas I/M SIP--refers
to the most current Texas Inspection and Maintenance State Implementation
Plan.
(20)
] Safety inspection--refers
to a compulsory vehicle inspection performed as required by Texas Transportation
Code, Chapter 548, by an official inspection station issued a certificate
of appointment by the department.
(21)
] Safety inspection certificate--refers
to an inspection certificate issued under Texas Transportation Code, Chapter
548, after a safety inspection as defined herein.
(22)
] Tampering-related repairs--refers
to repairs to correct tampering modifications, including but not limited to
engine modifications, emissions system modifications, or fuel-type modifications
disapproved by the
TCEQ
[
TNRCC
] or the EPA.
(23)
] Testing cycle--refers to
an annual cycle for which a motor vehicle is subject to a vehicle emissions
inspection.
(24)
] Test-only facilities--refers
to inspection stations certified to do emissions testing that are not engaged
in repairing, replacing and/or maintaining emissions control components of
vehicles. Acceptable repairs in test-only facilities shall be oil changes,
air filter changes, repairs and/or maintenance of non-emissions control components,
and the sale of auto convenience items.
(25)
] Test-and-repair facilities--refers
to inspection stations certified to do emissions testing that engage in repairing,
replacing and/or maintaining emissions control components of vehicles.
(26) TNRCC
]--refers
to the Texas [
Natural Resource Conservation
] Commission
on
Environmental Quality
.
(27)
] Two-speed idle (TSI) I/M
test--a test equipment meeting
TCEQ
[
TNRCC
] specifications
for the measurement of the tailpipe exhaust emissions of a vehicle while the
vehicle idles, first at a lower speed and then again at a higher speed.
(28)
] Two years old--refers to
a vehicle upon the expiration of the initial two-year inspection certificate
;
or any time the vehicle is presented for inspection or required to
be inspected during the year when the
date of manufacture indicated on
the manufacturer's federal certification label (49 CFR 567.4) is greater than
2 years
[
vehicle model year is two years less than the current
calendar year (current calendar year minus two years), whichever comes first
].
In the event the federal certification label is not present
or legible, the first month of production of the model year shall be used
as the date of manufacture.
(29)
] Twenty-four years old--refers
to a vehicle when the vehicle model year is 24 years less than the current
calendar year (current calendar year minus 24 years).
(30)
] Uncommon part--refers to
a part that takes more than 30 days for expected delivery and installation.
(31)
] VIR--refers to the Vehicle
Inspection Report.
(32)
] VRF--refers to the Vehicle
Repair Form.
herein
] shall not inspect a
designated
vehicle
[
that is capable of being powered by gasoline, from two years old to
and including twenty-four years old and registered in an affected county
]
unless the inspection station is certified by the department to
perform
[
do
] emissions testing, or unless the motorist presenting
the vehicle signs an affidavit on a form provided by the department stating
the vehicle is excepted from emissions testing.
[
one of the following:
(
]The affidavit will be held by the inspection station for collection
by the department.[
)
]
Under the following exceptions, a vehicle
registered in an affected county may receive a safety inspection at an inspection
station in a non-affected county.
the
] vehicle is not a designated
vehicle[
;
]
because it has not and will not be primarily operated
in an affected county. This exception includes the following examples.
the
] vehicle no longer qualifies
as a designated vehicle
because is no longer and will be no longer primarily
operated in an affected county. For example, the vehicle registration indicates
it is registered in an affected county, but the owner has moved, does not
currently reside in, nor will primarily operate the vehicle in an affected
county.
[
; or
]
the
] vehicle
is registered
in an affected county, not primarily operated in an affected county, and currently
operated in a non-affected county, but
will not return to an affected
county prior to the expiration of the current inspection certificate
. Under this exception the vehicle will be reinspected at an inspection station
certified to do vehicle emissions testing
[
however
] immediately
upon return to an affected county [
the vehicle will be reinspected at
an inspection station certified to do vehicle emissions testing
].
Examples of this exception include:
a DPS certified
] inspection station [
that
is
] certified
by the department
to
perform
[
do
] vehicle emissions testing. The
following
exceptions
apply
to this provision
.
[
are for:
]
commercial
] motor vehicles
as defined by the Texas Transportation Code, §548.001
meeting
[
, that meet
] the definition of "designated vehicle" as defined
by this section
[
herein
].
Designated
[
Said
"designated"
] commercial motor vehicles must be emissions tested at
an
[
a DPS certified
] inspection station [
that is
]
certified
by the department
to
perform
[
do
]
vehicle emissions testing and must
be issued
[
have
]
a unique emissions test-only inspection certificate, as authorized by Texas
Transportation Code, §548.251, affixed to the lower left-hand corner
of the windshield of the vehicle, immediately above the registration sticker,
prior to receiving a commercial motor vehicle safety inspection certificate
pursuant to Texas Transportation Code, Chapter 548. The unique emissions test-only
inspection certificate must be issued within 15 calendar days prior to the
issuance of the commercial motor vehicle safety inspection certificate. The
unique emissions test-only inspection certificate will expire at the same
time the newly issued commercial motor vehicle safety inspection certificate
expires
.
[
; and
]
vehicles
] presented for
inspection by motorists in counties not designated as affected counties
meeting
[
that meet
] the
exceptions listed in paragraphs(3)(A)-(C)
[
requirements of paragraph (3)(C)
] of this subsection.
effective until April 30, 2002, all designated vehicles will be emission tested
using approved two-speed idle I/M test equipment (TSI).
]
(B)
effective May 1, 2002:
]
excluding El Paso County;
] and
in all affected counties, excluding El Paso County,
] will be emission
tested using
the
[
a
] Acceleration Simulation Mode (ASM-2)
I/M test. [
All 1995 model year designated vehicles in El Paso will be
emissions tested using approved two-speed idle I/M test equipment (TSI).
]
except for El Paso County,
] four-wheel drive and unique
transmissions), then the vehicle will be tested using TSI.
(C) effective January 1, 2003,
] in El Paso County
.
[
:
]
(i)
all 1996 model year and newer
designated vehicles, which are equipped with an On-board diagnostic system,
will be emission tested using approved OBD I/M test equipment; and]
(ii) all 1995 model year
and older
] designated vehicles will be emissions tested using approved
two-speed idle I/M test equipment (TSI).
(iii)
] OBD vehicles which can
not be tested using the prescribed emission testing equipment will be tested
using the approved two-speed idle I/M test equipment (TSI).
exhaust gas
]
analyzers used to perform vehicle emissions tests. If a vehicle
emissions
[
exhaust gas
] analyzer fails the calibration process during
the gas audit, the department shall cause the appropriate inspection station
to cease vehicle emissions testing with the failing
emissions
[
exhaust gas
] analyzer until all necessary corrections are made and the
vehicle
emissions
[
exhaust gas
] analyzer passes the
calibration process.
If a vehicle has failed
an emissions test, a motorist may petition the director for an Individual
Vehicle Waiver. Upon demonstration that the motorist has taken every reasonable
measure to comply with the requirements of the vehicle emissions I/M program
contained in the Revised Texas I/M SIP and such waiver shall have minimal
impact on air quality, the director may approve the petition, and the motorist
may receive a waiver. Motorists may apply for the Individual Vehicle Waiver
each testing cycle.
]
TNRCC
].
TNRCC
] to emissions test vehicles,
or upgrade existing emissions testing equipment to meet the current certification
requirements of the
TCEQ
[
TNRCC
];
exhaust gas
] analyzer
to be used to perform vehicle emissions tests; and
exhaust gas
] analyzer
to be used to inspect vehicles as described in the Revised Texas I/M SIP.
January
1, 2002
], all public certified emissions inspection stations in El Paso
County shall offer both and the OBD and TSI test.
and
] regulations
, and notices
of
the department; and
TNRCC
]. The fee for an emissions test shall provide for one free re-test
for each failed initial emissions inspection, provided that the motorist has
the re-test performed at the same inspection station where the vehicle originally
failed and the re-test is conducted within 15 calendar days of the initial
emissions test, not including the date of the initial emissions test.
Part 3.
TEXAS YOUTH COMMISSION
Subchapter B. PLACEMENT PLANNING
:
]
[
on parole
status and only after the youth has completed all minimum lengths of stay.]
(I)
(II)
assigned to a residential
placement and only after the youth has met all transition movement criteria.]
and shall
provide information on the procedure for sealing records.
]
The
PSW shall provide the youth a written explanation on procedures for sealing
records utilizing the Sec. 58.003 Sealing of Files and Records form and a
copy will be provided to the parent/guardian or custodian.
Chapter 91.
PROGRAM SERVICES
TYC
] youth.
shall be
] accredited
under the provisions of the Texas Education Code, Chapter 30, Subchapter E.
[
by the Texas Education Agency (TEA).
]
TEA alternative schools accreditation
standards.
]
or
] employed
part-time
[
full-time
].
Youth who have completed a high school diploma or
the equivalent will continue to participate in reading and math instruction
until they have reached 12.9 on the Test of Adult Basic Education in both
areas, or until they are released from TYC institutions.
educational
counselor
], diagnostician, Reintegration of Offenders - Youth (RIO-Y)
Counselor, licensed school psychologist, or qualified teacher will provide
educational and vocational counseling to youth.
six
] hours of instruction
daily, including intermissions
and recesses,
according to the school calendar established annually
by the central office education department. Four
(4)
of the
seven (7)
[
six
] hours must be in core curriculum areas. Waivers
for less than
seven (7)
[
six
] hours, but not less than
four
(4)
, of school may be granted by the superintendent of education.
community resources
] to provide required specialized education and vocational
training instruction/training not available in the institution.
one period
] per day for preparation.
or TYC will petition their home school for graduation from that school
].
Subchapter D. HEALTH CARE SERVICES
Chapter 95.
YOUTH DISCIPLINE
(TDCJ))
]
are eligible for the AMP.
threatened
] to
use either an object defined as a weapon by the
Penal Code
or an object that could be used as a weapon, which placed
the victim in fear of imminent bodily injury.
,recent,
] and chronic aggressive behavior, greater frequency of the
use of weapons, and older age.
; and
]
phase II of the resocialization program.
]
(I)
Stage I. Youth must complete
a minimum of 15 consecutive days without an aggressive act or credible threat
of one; and]
(II)
Stages II-V. Youth must:]
(-a-)
complete a minimum of 30 consecutive days
on each stage without an aggressive act or credible threat of one; and]
(-b-)
have 30 days on each stage of program compliance;
and]
(-c-)
phase II of the resocialization program.]
The superintendent or designee will determine whether the youth
will be permanently assigned to the MCSJC general campus program or be referred
for placement elsewhere. If the youth is to be transferred, the superintendent
or designee will refer the case to the Centralized Placement Unit (CPU) for
placement assignment.
]
up to
two
] hours a day out of the locked room
in a structured activity
following the daily program
.
six components of phase 1 of the resocialization program.
]
(C)
] Youth are confined to single
occupancy rooms except for periods of specific, highly supervised, and structured
activities with limited numbers of other youth in the self contained program.
(D)
] Youth will spend up to four
(4)
hours a day out of the locked room
in structured activities
following the daily program.
components of phase 1 of the resocialization program
].
six components of phase 2 of the resocialization
program.
]
(E)
] Youth will spend up to eight
(8)
hours a day out of the locked room
in structured activities
following the daily program
.
components of phase 2 of
the Resocialization program.
]
(PSW)
] or unit psychologist.
(relating to Rules
of Conduct, Contraband, and Dress)
]. Youth will be entitled to earn
privileges within the AMP with progression through the
AMP
stages
and resocialization phases
.
youth rights specialist
] weekly.
Chapter 97.
SECURITY AND CONTROL
high restriction facility
] or secure contract program provides
for segregation programs. Placement in a segregation program may be imposed
only in specific situations for specified periods of time. Youth who may be
eligible for a placement in a segregation program may be initially referred
to the security intake. Such youth are placed into a secure setting that is
controlled exclusively by staff.
(4)
] the use of the same or adjacent
space when used specifically as temporary admission. See (GAP) §85.41
of this title (relating to Temporary Admission Awaiting Transportation); and
(5)
] the aggression management program
(AMP). See (GAP) §95.21 of this title (relating to Aggression Management
Program).
himself/herself or
] others and staff cannot protect [
the
youth or
] others except by referring the youth to security intake; or
(3)
] confinement is necessary to
prevent imminent and substantial destruction of property; or
(4)
] confinement is necessary to
control behavior that creates disruption of the youth's current program; or
(5)
] the youth requests confinement,
unless self-referrals have been disallowed by the superintendent or designee;
or
(6)
] staff requests detention for
a youth.
V
]
trained in the security intake policy and procedure to admit youth to the
security intake program. On the late night shift, a JCO
V
[
IV
] trained in the security intake admission policy and procedure may
admit a youth to security intake. The director of security may not admit a
youth to security intake.
(6)
] The director of security or
designee will review all admission decisions within one (1) working day to
determine if admission criteria have been met. If the criteria are not met
or policy and procedures are not followed, the youth will be released from
the security unit. The director of security or designee shall not have been
involved in the admission decision.
(7)
] A youth may appeal the admission
decision to the security intake through the youth complaint system as defined
in (GAP) §93.31 of this title (relating to Complaint Resolution System).
Youth
]
may be released by the director of security or any designated staff authorized
to admit youth in this policy.
designee
] may place moratoriums of self referrals to security intake
for individual dormitories (such as during dorm shutdown), as well as campus-wide
when appropriate.
Chapter 99.
GENERAL PROVISIONS