TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 3. TEXAS YOUTH COMMISSION

CHAPTER 85. ADMISSION, PLACEMENT, AND PROGRAM COMPLETION

SUBCHAPTER D. PROGRAM COMPLETION

37 TAC §85.51

(Editor's note: The text of the following section proposed for repeal will not be published.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, Texas.)

The Texas Youth Commission (TYC) proposes the repeal of §85.51, relating to definitions used in Chapter 85, Subchapter D. The repeal is necessary due to recently proposed new §85.1, which appeared in the May 15, 2009, issue of the Texas Register (34 TexReg 2884). Proposed §85.1 will establish definitions used throughout Chapter 85, whereas §85.51 only defines terms used in Subchapter D. Most of the terms currently defined in §85.51 will appear in new §85.1.

Robin McKeever, Director of Administrative Services, has determined that for the first five-year period the repeal is in effect there are no anticipated significant fiscal implications for state or local government as a result of enforcing or administering the repeal.

Toysha Martin, General Counsel, has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the availability of accurate and up-to-date information concerning TYC programming and operations.

There will be no effect on small businesses or micro-businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. No private real property rights are affected by adoption of this repeal.

Comments on the proposal may be submitted within 30 days of the publication of this notice to Steve Roman, Policy Coordinator, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765, or email to steve.roman@tyc.state.tx.us.

The repeal is proposed under Human Resources Code §61.034, which provides the commission with the authority to adopt rules appropriate to the proper accomplishment of its functions.

The proposed repeal implements Human Resources Code §61.034.

§85.51.Definitions.

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 May 22, 2009.

TRD-200902013

Cheryln K. Townsend

Executive Commissioner

Texas Youth Commission

Earliest possible date of adoption: July 5, 2009

For further information, please call: (512) 424-6014


CHAPTER 87. TREATMENT

SUBCHAPTER B. SPECIAL NEEDS OFFENDER PROGRAMS

37 TAC §87.55

(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, Texas.)

The Texas Youth Commission (TYC) proposes the repeal of §87.55, concerning waivers from certain specialized treatment programs.

The repeal is necessary due to recently proposed changes to §87.51, which appeared in the May 15, 2009, issue of the Texas Register (34 TexReg 2904). Proposed §87.51 includes a new process for requesting and approving waivers of the requirement for certain youth to complete specialized treatment. This new process will supersede the process established by §87.55.

Robin McKeever, Director of Administrative Services, has determined that for the first five-year period the repeal is in effect there are no anticipated significant fiscal implications for state or local government as a result of enforcing or administering the repeal.

Dianne Gadow, Director of Integrated Treatment and Support, has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the availability of accurate and up-to-date information concerning TYC programming and operations.

There will be no effect on small businesses or micro-businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. No private real property rights are affected by adoption of this repeal.

Comments on the proposal may be submitted within 30 days of the publication of this notice to Steve Roman, Policy Coordinator, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765, or email to steve.roman@tyc.state.tx.us.

The repeal is proposed under Human Resources Code §61.034, which provides the commission with the authority to adopt rules appropriate to the proper accomplishment of its functions.

The proposed repeal implements Human Resources Code §61.034.

§87.55.Waivers from Certain Specialized Treatment Programs.

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 May 22, 2009.

TRD-200902014

Cheryln K. Townsend

Executive Commissioner

Texas Youth Commission

Earliest possible date of adoption: July 5, 2009

For further information, please call: (512) 424-6014