Part 1. OFFICE OF THE GOVERNOR
Chapter 3. CRIMINAL JUSTICE DIVISION
The Office of the Governor, Criminal Justice Division (CJD), adopts the amendments to Subchapter A, §§3.1, 3.3, 3.5, 3.7, 3.9, 3.11, 3.17, and 3.19; Subchapter B, §§3.55, 3.71, 3.73, 3.81, 3.83, and 3.85; Subchapter D, §§3.2023; Subchapter E, §§3.2501, 3.2507, 3.2513, 3.2519, and 3.2525; Subchapter G, §3.8210 and §3.8220 without changes to the proposed text as published in the June 15, 2007, issue of the Texas Register (32 TexReg 3429).
The CJD adopts new rule §3.2025 under Subchapter D without changes to the proposed text as published in the June 15, 2007, issue of the Texas Register (32 TexReg 3429). The addition of §3.2025 requires all grant applicants provide CJD with the contact information for their agency's civil rights liaison.
The CJD adopts the repeal of §3.2511 under Subchapter E without changes to the proposed text as published in the June 15, 2007, issue of the Texas Register (32 TexReg 3429). The repeal of §3.2511 removes information regarding the process of requesting grant funds and moves this information into §3.2507.
The amendment to §3.1 removes references to Subchapter C, which is being adopted as repealed.
The adopted amendment to §3.3(9) corrects a formatting error.
The adopted amendment to §3.3(13)(B) adds "DVD players" to the list of items considered to be equipment budget items.
The adopted amendment to §3.5(a)(6) changes the word "obtain" to "access" to clarify the manner in which grant applicants can apply.
The adopted amendment to §3.7: (1) clarifies the language relating to funding decisions; (2) expands on factors CJD takes into consideration during the grant funding selection process; (3) removes unnecessary language regarding funding allocations; (4) gives CJD the flexibility to notify applicants of funding decisions via the Internet or other means; and (5) removes an erroneous statement that has been moved to §3.9.
The adopted amendment to §3.9 includes a statement moved from the previous section regarding the finality of funding decisions.
The adopted amendment to §3.11 updates this section to reflect the new process of accepting grant awards through CJD's online grant management system.
The adopted amendment to §3.17: (1) renames this section from "Federal Funding" to "Grant Funding" in order to also be applicable to state funding; and (2) clarifies that grantees must comply with both federal and state statutes, rules, regulations, and guidelines that may apply to their funding.
The adopted amendment to §3.19: (1) corrects a typographical error; (2) corrects the citation from the Code of Federal Regulations; and (3) corrects a second typographical error.
The adopted amendment to §3.55: (1) removes the statement of prohibition on serving adult offenders; and (2) adds a comprehensive list of prohibited costs and activities applying to all grants.
The adopted amendment to §3.71 clarifies language relating to the determination of eligible grant budget items.
The adopted amendment to §3.73 adds a statement requiring that grant applicants who include matching funds in the grant budget maintain that level of matching funds throughout the grant period.
The adopted amendment to §3.81 gives CJD the flexibility to notify applicants via the Internet of approved equipment items.
The adopted amendment to §3.83 removes the list of ineligible supplies and directs operating expenses because a complete list of ineligible costs and activities has been added to a previous section.
The adopted amendment to §3.85 clarifies the language of this section to make it easier to understand.
The adopted amendment to §3.2023 adds language requiring all grantees to submit information regarding their agency's fiscal capability in the grant application.
The adopted amendment to §3.2501: (1) removes the requirement for grant officials to provide CJD with a sample signature as a result of CJD's online grant management system; (2) removes the language requiring grantees to inform CJD of changes to the grant officials in writing; and (3) removes the requirement for new grant officials to provide CJD with a sample signature.
The adopted amendment to §3.2507 adds language to clarify the expenditure reporting process.
The adopted amendment to §3.2513 clarifies changes to the grant adjustment process as a result of CJD's online grant management system.
The adopted amendment to §3.2519 removes the words "in writing" from this section.
The adopted amendment to §3.2525 adds language requiring that grantees' monitoring program incorporates best practices.
The adopted amendment to §3.8210 adds language allowing the Governor to appoint the chairman of the Governor's Juvenile Justice Advisory Board.
The adopted amendment to §3.8220 allows the Governor to appoint individuals to advise the Governor's Juvenile Justice Advisory Board concerning specific juvenile justice matters.
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, 3.3, 3.5, 3.7, 3.9, 3.11, 3.17, 3.19
The amendment of these rules are adopted under the Texas Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and procedures as necessary.
The adoption of 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 adopted amendment or 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 July 17, 2007.
TRD-200702999
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
Division 1. ELIGIBILITY REQUIREMENTS
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 adoption of 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 adopted 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 July 17, 2007.
TRD-200703000
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.71, 3.73, 3.81, 3.83, 3.85
The amendment of these rules are adopted under the Texas Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and procedures as necessary.
The adoption of 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 adopted 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 July 17, 2007.
TRD-200703001
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
The amendment and addition of these rules are adopted under the Texas Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and procedures as necessary.
The adoption of 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 adopted 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 July 17, 2007.
TRD-200703002
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
The amendment of these rules are adopted under the Texas Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and procedures as necessary.
The adoption of 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 adopted 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 July 17, 2007.
TRD-200703003
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
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 adopted repeal 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 adopted 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 July 17, 2007.
TRD-200703004
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.2513, 3.2519, 3.2525
The amendment of these rules are adopted under the Texas Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and procedures as necessary.
The adoption of 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 adopted 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 July 17, 2007.
TRD-200703005
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
Division 2. GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD
The amendment of these rules are adopted under the Texas Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and procedures as necessary.
The adoption of 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 adopted 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 July 17, 2007.
TRD-200703006
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
The Office of the Governor, Criminal Justice Division (CJD), adopts the repeal of Subchapter C, Division 1, §§3.101, 3.103, 3.105, and 3.111; Division 2, §§3.201,3.203, 3.205, and 3.211; Division 3, §§3.301, 3.303, 3.305, 3.311, and 3.313; Division 4, §§3.401, 3.403, and 3.405; Division 5, §§3.501, 3.503, 3.505, 3.509, 3.511, and 3.513; Division 6, §§3.601, 3.603, 3.605, 3.609, 3.611, and 3.613; Division 7, §§3.701, 3.703, 3.705, 3.711, and 3.717; Division 9, §§3.901, 3.903, and 3.905; Division 11, §§3.1101, 3.1103, 3.1105, 3.1109, and 3.1111; Division 12, §§3.1201, 3.1203, 3.1205, 3.1209, 3.1211, and 3.1213; and Division 13, §§3.1301, 3.1303, 3.1305, 3.1309, and 3.1311, without changes to the proposal as published in the June 15, 2007, issue of the Texas Register (32 TexReg 3435).
Subchapter C, "Fund-Specific Grant Policies" outlines specific eligibility and budget rules applicable to various funding sources administered by CJD. For federal fund sources, these rules and guidelines are available in the federal guidelines. Information on grant guidelines can be found on CJD's website.
No comments were received regarding adoption of the repeal of these rules.
Division 1.STATE CRIMINAL JUSTICE PLANNING (421) FUND
1 TAC §§3.101, 3.103, 3.105, 3.111
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 repealed 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 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 July 17, 2007.
TRD-200703007
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.201, 3.203, 3.205, 3.211
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 repealed 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 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 July 17, 2007.
TRD-200703008
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.301, 3.303, 3.305, 3.311, 3.313
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 repealed 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 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 July 17, 2007.
TRD-200703009
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
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 repealed 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 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 July 17, 2007.
TRD-200703010
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.501, 3.503, 3.505, 3.509, 3.511, 3.513
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 repealed 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 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 July 17, 2007.
TRD-200703011
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.601, 3.603, 3.605, 3.609, 3.611, 3.613
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 repealed 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 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 July 17, 2007.
TRD-200703012
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.701, 3.703, 3.705, 3.711, 3.717
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 repealed 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 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 July 17, 2007.
TRD-200703013
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
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 repealed 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 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 July 17, 2007.
TRD-200703014
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.1101, 3.1103, 3.1105, 3.1109, 3.1111
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 repealed 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 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 July 17, 2007.
TRD-200703015
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.1201, 3.1203, 3.1205, 3.1209, 3.1211, 3.1213
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 repealed 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 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 July 17, 2007.
TRD-200703016
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919
1 TAC §§3.1301, 3.1303, 3.1305, 3.1309, 3.1311
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 repealed 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 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 July 17, 2007.
TRD-200703017
Christopher Burnett
Assistant General Counsel
Office of the Governor
Effective date: August 6, 2007
Proposal publication date: June 15, 2007
For further information, please call: (512) 463-1919