Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor, Criminal Justice Division (CJD), adopts
the amendment of Subchapter A §§3.1, 3.19; Subchapter B §§3.75,
3.79, 3.81, and 3.87; Subchapter C §§3.401, 3.701, 3.703, 3.705,
3.711, 3.717, 3.1103, 3.1301, and 3.1305; Subchapter D §3.2009; Subchapter
E §§3.2511, 3.2521, and 3.2523; and Subchapter F §3.2601 without
changes to the proposed text as published in the April 28, 2006, issue of
the
Texas Register
(31 TexReg 3453).
CJD adopts the amendment to Texas Administrative Code, Subchapter C §3.1303
with changes to the proposed text as published in the April 28, 2006, issue
of the
Texas Register
(31 TexReg 3453). The
word "purposes" is changed to "purpose" in §3.1303(a) to correct a typographical
error. The words "of this subsection" are added to the end of §3.1303(a)(3)
to clarify that the paragraph referenced therein is contained in §3.1303.
CJD adopts the addition of Subchapter A §3.25 without changes to the
proposed text as published in the April 28, 2006, issue of the
Texas Register
(31 TexReg 3453).
CJD adopts the repeal of Subchapter C §§3.615, 3.719, 3.721,
3.723, 3.725, 3.801, 3.803, 3.805, 3.809, and 3.811; and Subchapter D §3.2007
without changes to the proposed text as published in the April 28, 2006, issue
of the
Texas Register
(31 TexReg 3453).
The amendment to §3.1 enables CJD to more efficiently and effectively
administer grant funds by allowing CJD to apply recent changes to its administrative
rules (which have been adopted in response to changes in state and federal
statutes, rules, regulations and guidelines) to current grant projects, if
grantees agree to do so.
The amendment to §3.19 corrects the citation for the OMB Circular
and the name of the Office of Justice Programs Financial Guide.
The amendment to §3.75: (1) allows CJD to more effectively and efficiently
administer grant funds by allowing grant funds to be used to provide overtime
pay if such use is permitted by applicable state and federal law, complies
with the grant requirements for the state or federal funding source, and is
reasonable and cost-effective considering the amount of funds available in
the state or federal funding source; and (2) clarifies that the leave requirement
applies to compensation for accrued leave paid to staff members leaving employment.
The amendment to §3.79 removes the provision that was applicable to
projects funded under the federal Byrne Formula Grant Program, which is no
longer funded by the federal government.
The amendment to §3.81: (1) removes unnecessary language regarding
grant adjustments; (2) replaces the provision relating to the federal Law
Enforcement Block Grant program, which is no longer funded by the federal
government, with a provision relating to the federal Edward Byrne Memorial
Justice Assistance Grant Program; and (3) removes the language regarding the
use of grant funds to purchase weapons and other military type equipment because
Part III, Chapter 16 of the Office of Justice Programs Financial Guide already
prohibits the use of grant funds to purchase armored vehicles, explosive devises,
and other military-type equipment.
The amendment to §3.87 prohibits grantees from carrying forward program
income from one grant year to the next to allow CJD to more efficiently and
effectively manage state and federal funds that earn program income.
The amendment to §3.401 updates the language of this section to reflect
the current federal requirements for this funding source.
The amendment to §§3.701, 3.703, 3.705, and 3.711 replaces provisions
relating to the federal Byrne Formula Grant Program, which is no longer funded
by the federal government, with provisions relating to the federal Edward
Byrne Memorial Justice Assistance Grant Program. The new provisions adopt
the federal requirements for the Edward Byrne Memorial Justice Assistance
Grant Program.
The amendment to §3.717 removes provisions relating to the federal
Byrne Formula Grant Program, which is no longer funded by the federal government,
and establishes requirements for the use of confidential funds under the Edward
Byrne Memorial Justice Assistance Grant Program.
The amendment to §3.1103 updates the language of this section to reflect
the current federal requirements for the Residential Substance Abuse Treatment
Grant Program.
The amendment to §3.1301 updates the language of this section to reflect
the current citation for the federal legislation applicable to the Coverdell
Forensic Sciences Program.
The amendment to §3.1303 and §3.1305 updates the language of
this section to reflect the current federal requirements for the Coverdell
Forensic Sciences Program.
The amendment to §3.2009 removes provisions that were applicable to
projects funded under the federal Byrne Formula Grant Program, which is no
longer funded by the federal government.
The amendment to §3.2511 removes provisions that were applicable to
projects funded under the federal Local Law Enforcement Block Grant Program,
which is no longer funded by the federal government.
The amendment to §3.2521 clarifies that CJD may specify the length
of the liquidation period for certain grant projects so that grant funds are
expended within the grant period specified in the federal grant award documentation.
The amendment to §3.2523: (1) clarifies the language of this section
to make it easier to understand; and (2) ensures that CJD is immediately notified
if any records are seized from a grantee by a law enforcement agency, or a
state or federal agency.
The amendment to §3.2601 clarifies the types of actions that must
be resolved by a grantee.
The addition of §3.25 allows CJD to suspend any requirement in this
chapter upon a showing of good cause to ensure the efficient and effective
use of state and federal grant funds.
The repeal of §3.615 removes the mandatory training requirement because
the training is no longer necessary for grantees under the Crime Stoppers
Assistance Fund.
The repeal of §§3.719, 3.721, 3.723, and 3.725 removes provisions
relating to the federal Byrne Formula Grant Program, which is no longer funded
by the federal government.
The repeal of §§3.801, 3.803, 3.805, 3.809, and 3.811 removes
provisions relating to the federal Local Law Enforcement Block Grant Program,
which is no longer funded by the federal government.
The repeal of §3.2007 removes provisions that were applicable to projects
funded under the federal Byrne Formula Grant Program, which is no longer funded
by the federal government.
No comments were received regarding adoption of the amendment, addition,
and repeal of these rules.
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.1, 3.19, 3.25
The amendment and addition of these rules is adopted under
the Texas Government Code, Title 7, §772.006(a)(10), which authorizes
CJD to adopt rules and procedures as necessary.
The amended and added rules implement the Texas Government Code, Title
7, §772.006(a), which requires CJD to award and administer state and
federal grant programs, and to assist the Governor in developing policies,
plans, programs, and proposed legislation for improving the coordination,
administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment and
addition of these rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 2, 2006.
TRD-200603000
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
2.
GRANT BUDGET REQUIREMENTS
1 TAC §§3.75, 3.79, 3.81, 3.87
The amendment of these rules is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603001
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
4.
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND
1 TAC §3.401
The amendment of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603002
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.615
The repeal of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The repeal of this rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of this
rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603003
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.701, 3.703, 3.705, 3.711, 3.717
The amendment of these rules is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603004
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.719, 3.721, 3.723, 3.725
The repeal of these rules is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The repeal of these rules implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of these
rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603005
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.801, 3.803, 3.805, 3.809, 3.811
The repeal of these rules is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The repeal of these rules implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of these
rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603006
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.1103
The amendment of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603007
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.1301, 3.1303, 3.1305
The amendment of these rules is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.1303.Project Requirements.
(a)
All projects funded through this program must meet one
or more of the following purpose areas:
(1)
To carry out all or a substantial part of a program intended
to improve the quality and timeliness of forensic science or medical examiner
services in the State, including such services provided by the laboratories
operated by the State and those operated by units of government within the
State.
(2)
To eliminate a backlog in the analysis of forensic science
evidence, including firearms examination, latent prints, toxicology, controlled
substances, forensic pathology, questionable documents, and trace evidence.
A backlog exists if forensic evidence has been stored in a laboratory, medical
examiner's office, coroner's office, law enforcement storage facility, or
medical facility, and has not been subjected to all appropriate forensic testing
because of a lack of resources or personnel.
(3)
To train, assist, and employ forensic laboratory personnel
to eliminate a backlog as defined in paragraph (2) of this subsection.
(b)
Laboratories must also comply with the following operational
requirements:
(1)
Employ one or more full-time scientists whose principal
duties are the examination of physical evidence for law enforcement agencies
in criminal justice matters and who provide testimony with respect to such
physical evidence to the criminal justice system.
(2)
Demonstrate improvement over current operations in the
average number of days between submission of a sample to a forensic science
laboratory and the delivery of test results to the requesting office or agency.
(3)
Assure that all project personnel comply with 28 C.F.R.
Part 22 regarding protection of personally identifiable information that may
be collected for research or statistical purposes.
(4)
Certify that a government entity exists and an appropriate
process is in place to conduct independent external investigations into allegations
of serious negligence or misconduct by employees or contractors substantially
affecting the integrity of forensic results.
(c)
Allowable expenditures are limited to the following:
(1)
Laboratory and computer equipment including upgrading,
replacing, and purchasing laboratory equipment, instrumentation, and computer
hardware or software for forensic analyses and data management;
(2)
Supplies including laboratory items needed to perform analyses
and to conduct validation studies, and other expenses directly attributable
to conducting various types of forensic analyses;
(3)
Costs associated with personnel, such as overtime, fellowships,
visiting scientists, interns, consultants or contracted staff;
(4)
Facility improvements including benches, cabinets, interior
dividing walls, evidence storage rooms, or extraction rooms when it can be
demonstrated that these items will improve the effectiveness and credibility
of the laboratory;
(5)
Education and training, including internal and external
training and continuing education, that is directly applicable to the job
position and duties of the individuals receiving the training; and
(6)
Preparation for accreditation, application for accreditation,
and maintenance fees charged by appropriate accrediting bodies including the
American Society of Crime Laboratory Directors/Laboratory Accreditation Board,
and the National Association of Medical Examiners.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603008
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.2007
The repeal of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The repeal of this rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of this
rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603009
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.2009
The amendment of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603010
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.2511, 3.2521, 3.2523
The amendment of these rules is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603011
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.2601
The amendment of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2006.
TRD-200603012
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 22, 2006
Proposal publication date: April 28, 2006
For further information, please call: (512) 463-1919
Chapter 155.
RULES OF PROCEDURES
1 TAC §§155.1, 155.5, 155.19, 155.30, 155.37
The State Office of Administrative Hearings (SOAH) adopts
amendments to §155.1, Purpose and Scope, §155.5, Definitions, §155.19,
Computation of Time, §155.30, Motions, and §155.37, Settlement Conferences
without changes to the proposed text as published in the April 14, 2006, issue
of the
Texas Register
(31 TexReg 3127).
In general, the amendments are adopted to correct words in titles, correct
citations, and make minor wording changes. Specifically, amended §155.1(a)
and §155.5(4) change the name of the Department of Human Services to
its current title of "Department of Aging and Disability Services." Section
155.19(c) is amended to correct a typographical error. Both §155.19(c)
and §155.30(g) are amended to correct the section title citation by removing
the words "Failure to Attend Hearing and" and replacing with the word "Proceedings."
Section 155.37(a)(1) is amended by changing the citation to §155.29 (relating
to Pleadings) to the citation §155.30 (relating to Motions).
SOAH received no comments regarding adoption of the amendments.
The amendments are adopted under Government Code, Chapter 2003, §2003.050,
which authorizes SOAH to conduct contested case hearings and requires adoption
of hearings procedural rules, and Government Code, Chapter 2001, §2001.004,
which requires agencies to adopt rules of practice setting forth the nature
and requirements of formal and informal procedures.
The adopted amendments affect Government Code, Chapters 2001 and 2003.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 31, 2006.
TRD-200602988
Cathleen Parsley
General Counsel
State Office of Administrative Hearings
Effective date: June 20, 2006
Proposal publication date: April 14, 2006
For further information, please call: (512) 475-4931
Subchapter B. GENERAL GRANT PROGRAM POLICIES
Subchapter C. FUND-SPECIFIC GRANT POLICIES
6.
CRIME STOPPERS ASSISTANCE FUND
7.
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
7.
BYRNE FORMULA GRANT PROGRAM
8.
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANT PROGRAM
13.
COVERDELL FORENSIC SCIENCES PROGRAM
Subchapter D. CONDITIONS OF GRANT FUNDING
Subchapter E. ADMINISTERING GRANTS
Subchapter F. PROGRAM MONITORING AND AUDITS
Part 7.
STATE OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 161.
REQUESTS FOR RECORDS