PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 453. OFFENDER EDUCATION PROGRAMS
The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts the repeal of §453.101 - 453.122, and new §§453.101 - 453.124, concerning Offender Education Programs established for alcohol and drug-related offenses, without changes to the proposed text as published in the March 27, 2009, issue of the Texas Register (34 TexReg 2078) and, therefore, the sections will not be republished. The repeal and new rules will be effective on September 1, 2009.
BACKGROUND AND PURPOSE
Through the enactment of House Bill 2292, 78th Legislature, 2003, the Texas Commission on Alcohol and Drug Abuse was abolished and its powers, duties, functions, programs, and activities were transferred to the department. The rules were transferred from 40 Texas Administrative Code (TAC), Part 3, Chapter 153, to 25 TAC, Part 1, Chapter 453, on September 1, 2004.
The new rules for Offender Education Programs set forth curricula, training, certification, operational, and enforcement standards for the four types of department-approved Offender Education Programs, which are the DWI Education Program, DWI Intervention Program, Drug Offender Education Program, and Alcohol Education Program for Minors. The DWI Education and Intervention Programs are designed, respectively, for first-time and repeat offenders convicted of one of a number of offenses related to driving or operating a motorized vehicle while intoxicated.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 453.101 - 453.122 have been reviewed and the department has determined that, except as amended and renumbered under the new rules, reasons for adopting the sections continue to exist because rules on this subject are needed.
SECTION-BY-SECTION SUMMARY
The repeal of §§453.101 - 453.122 and new §§453.101 - 453.124 are necessary to allow for reorganization and enhancement of the rules governing Offender Education Programs to, in addition to making changes and additions specifically outlined, ensure appropriate section, subsection, and paragraph organization and captioning; improve clarity and draftsmanship; contribute to agency-wide consistency between programs, as appropriate; ensure that the rules reflect current legal, policy, and operational considerations; and update legal citations and agency references. Provisions specifically addressing criminal history standards, setting forth more specific enforcement procedures, and creating a certification period and continuing education requirement for Alcohol Education Program for Minors and DWI Intervention instructors, consistent with the other Offender Education Programs, were also added to the chapter.
New §453.101 contains definitions for the chapter, including added definitions for class, course, course records, course roster, department, in-service, instructor applicant, instructor certification period, and program certification period, and additions and modifications to other terms needed to update or clarify the meaning of terms used within the chapter.
New §453.102 sets forth the certification requirement for Offender Education Programs and Instructors and the scope of the chapter's rules.
New §453.103 specifies certification-related fees, and separately identifies a $5 fee for branch sites, including headquarter relocation fees, which are charged under existing rules as certificate duplication fees. This additional itemization of fees does not alter the fees charged or collected under existing rules.
New §453.104 specifies the qualifications and prerequisites for applicants to become certified instructors for Offender Education Programs, including standards of conduct and criminal history standards relevant to the department's certification decision. Administrators and instructors will be required to report any known felony or misdemeanor convictions to the department within ten days of learning of the conviction.
New §453.105 outlines the requirements for renewal of an Instructor certification. It establishes a certification period and continuing education requirement for Instructors of the Alcohol Education Program for Minors and DWI Intervention instructors, which will provide for greater consistency among the Offender Education Programs and contribute to the ongoing quality of instruction in all programs. Greater detail is also provided concerning options for fulfilling continuing education.
New §453.106 specifies the requirements for applicants seeking certification as approved Offender Education Programs and outlines procedures for establishing branch sites and program headquarters.
New §453.107 specifies the requirements for program renewals and the requirement to re-apply for certification after a program certification expires without timely renewal.
New §453.108 specifies the curricula requirements for approved Offender Education Programs and corrects the address where the public may view the curricula.
New §453.109 contains provisions relating to uniform certificates of course completion for the Offender Education Programs, and adds clarifying language concerning requirements for providing notification of course completion to the Department of Public Safety (DPS) and the appropriate community supervision and corrections department. It also adds a requirement that unused certificates of course completion be returned to the department after a Program's certification is expired or otherwise terminated.
New §453.110 sets forth the requirements for classroom facilities and equipment to be utilized in the Offender Education Programs.
New §453.111 sets forth the requirements relating to the administration of Offender Education Programs, provides for inactivation of a Program certificate when a program lacks a currently certified program administrator, and clarifies requirements concerning referrals of prospective participants to an Offender Education Program.
New §453.112 sets forth the recordkeeping and reporting requirements for each type of Offender Education Program, and provides for inactivation of a Program certificate when a program fails to provide a timely annual report.
New §453.113 sets forth the general program operation requirements of the Offender Education Programs.
New §453.114 sets forth minimum teaching requirements for Drug Offender Education Programs, with specific requirements for each course taught.
New §453.115 sets forth minimum teaching requirements for each Alcohol Education Program for Minors, with specific requirements for each course taught.
New §453.116 sets forth minimum teaching requirements for DWI Education Programs, with specific requirements for each course taught, and adds clarifying language concerning requirements for providing notification of course completion to the DPS and the appropriate community supervision and corrections department.
New §453.117 sets forth minimum teaching requirements for DWI Intervention Programs, with specific requirements for each course taught, and adds clarifying language concerning the maximum number of DWI intervention make-up classes permitted and concerning requirements for providing notification of course completion to the DPS and the appropriate community supervision and corrections department.
New §453.118 requires Offender Education Programs to abide by applicable Federal and State laws regarding confidentiality of patient/client records.
New §453.119 prohibits Offender Education Programs from discriminating on the basis of gender, race, religion, age, national or ethnic origin, or disability of the participant.
New §453.120 requires Offender Education Programs to establish procedures to resolve participant complaints, to display the department's contact information, and to respond promptly to any request for information about the program's complaint procedures.
New §453.121 sets forth guidelines and minimum standards for Offender Education Programs to apply for exceptions to rule provisions because of alleged difficulty or hardship due to extenuating circumstances. The section adds to the existing rule for exceptions that no exceptions will be granted for Instructor teaching, in-service, or continuing education requirements.
New §453.122 sets forth more specific standards and procedures for the department to take action against an Offender Education Program or an Instructor for an Offender Education Program, and redefines actions available to the department, for conduct or behaviors described in this rule. The section also provides for an opportunity in certain cases for an applicant or holder of a certification to avoid adverse action through corrective action.
New §453.123 sets forth new rule provisions relating to criminal history standards and procedures, consistent with Occupations Code, Chapter 53, for Offender Education Program and Instructor applicants and certification holders. Instructor and Offender Education Program applicants and certifications are subject to denial, suspension or revocation based upon a conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of an Offender Education Program or Instructor.
New §453.124 establishes more detailed procedures by which the department may take action against an Offender Education Program or Instructor applicant or certification holder.
COMMENTS
The department, on behalf of the commission, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
25 TAC §§453.101 - 453.122
STATUTORY AUTHORITY
The repeals are authorized by the Transportation Code, §§521.374
- 521.376; Code of Criminal Procedure, Chapter 42, Article 42.12, §13(h)
and (j); and Alcoholic Beverage Code, §106.115, and Health and
Safety Code, §461.012(a)(18), which authorize fees and rulemaking
in relation to Drug Offender Education, DWI Education, DWI Intervention,
and Alcohol Awareness Programs and providers; Occupations Code, Chapter
53, which authorizes the establishment of guidelines governing practices
under that chapter's criminal history provisions; and Government Code, §531.0055,
and Health and Safety Code, §1001.075, which authorize the Executive
Commissioner of the Health and Human Services Commission to adopt
rules and policies necessary for the operation and provision of health
and human services by the department and for the administration of
Health and Safety Code, Chapter 1001. Review of the rules implements
Government Code, §2001.039.
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 15, 2009.
TRD-200902434
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: September 1, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 458-7111 x6972
CHAPTER 453. OFFENDER EDUCATION PROGRAMS (FOR ALCOHOL AND DRUG-RELATED OFFENSES)