Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 134. Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter C. Medical Fee Guidelines 28 TAC sec.134.200 (Editor's note: The text of the following repeal proposed for repeal will not be published. The repeal may be examined in the offices of the Texas Workers' Compensation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Workers' Compensation Commission proposes the repeal of sec.134. 200, concerning medical fee guidelines which establish maximum allowable fees for medical services provided, and durable medical equipment sold or rented, to injured workers under the workers' compensation laws of Texas. The repeal of this section is proposed because the same August 1, 1991 guideline has been proposed for additional public comment and adoption under 28 TAC sec.134.201. If sec.134.201 is adopted, confusion as to which guideline to apply could be caused if sec.134.200 is retained. Andrew Thigpen, associate director for financial management, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. There is no anticipated impact on employment, locally or statewide, as result of implementing the repeal. Mr. Thigpen also 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 section will be the implementation of the Texas Workers' Compensation Act, and the resolution of confusion of any conflict with sec.134.200 and the medical fee guideline adopted under sec.134.201. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal of this section as proposed, because any adaption of automation systems to comply with this section will retain usefulness under sec.134.201. Comments on the proposed repeal may be submitted to Susan M. Kelley, General Counsel, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The guideline being repealed is available for inspection at the commission, or may be purchased for $15 from Reprographics as stated in the proposed section. Copies of the guideline are also available for inspection (but not duplication or sale) at all commission field offices. Requestors should specify that the guideline being sought is the Medical Fee Guideline, 2nd Edition date August 1, 1991. The repeal is proposed under Texas Civil Statutes, Article 8308, sec.2.09(a), which authorize the commission to adopt rules necessary to administer the Texas Workers' Compensation Act. sec.134.200. Medical Fee Guideline. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112764 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 440-3972 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.345 The Comptroller of Public Accounts proposes new sec.3.345, concerning state sales and use tax refunds to qualified businesses in enterprise zones. The refund provisions of this new section are based on legislation passed by the 71st Legislature, 1989. This new section provides information about state sales and use tax refunds to businesses located in enterprise zones. The provisions of this section are effective September 1, 1991. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the section is in effect there will be no significant revenue impact for state or local government as a result of enforcing or administering the section. This section is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. Dr. Plaut 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 in providing new information regarding tax responsibilities. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the new section may be submitted to Lucy Glover, Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The new section is proposed under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.345. State Sales and Use Tax Refunds to Qualified Businesses in Enterprise Zones. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Enterprise zone-An area of the state designated by the Department of Commerce as an enterprise zone. (2) Equipment and machinery-Any machinery and equipment, including office furniture and equipment, used exclusively in an enterprise zone by a qualified business. These terms do not include building materials or motor vehicles. (3) Local governing body-A governing body of a city or county with an enterprise zone within its boundaries. (4) One-time refund-The maximum amount that may be refunded from all claims during the life of a qualified business regardless of the amount of tax paid or jobs retained in an enterprise zone. (5) Qualified business-A person, including a corporation or other entity, that the Texas Department of Commerce certifies has met the criteria required under the Texas Enterprise Zone Act. (6) Qualified employee-An employee who works for a qualified business and who performs at least 50% of his service for the business within the enterprise zone. (7) Retained job-An existing employment position of a qualified business that has provided employment to a qualified employee of at least 1,820 hours annually. (b) Eligibility for a one-time refund of state sales and use tax. A business is eligible for the refund if: (1) the business is designated as an enterprise project by a local governing body; (2) has operated in an enterprise zone's jurisdiction for at least three consecutive years before filing a claim; (3) has retained 10 or more jobs held by qualified employees during the year; and (4) has been certified as eligible for a refund to the Comptroller's Department by the Texas Department of Commerce. (c) When to apply for a one-time refund. On or after September 1, 1991, a qualified business may apply for a refund of state sales and use tax immediately upon receipt of certification from the Texas Department of Commerce. (d) Accumulated purchases. A qualified business may apply for and receive a refund of tax paid on equipment and machinery upon which the qualified business paid sales or use tax within four years of the date of application. The allowed refund is up to $500 per qualified employee retained, for a total of not more than $5,000. See sec.3.325 of this title (relating to Refunds, Interest, and Payments Under Protest) for information on the statute of limitations on refunds. (e) How to apply for a one-time state sales or use tax refund. After a qualified business has been certified as eligible for a refund by the local governing body sponsoring the enterprise zone and by the Texas Department of Commerce, the qualified business may obtain a refund by applying directly to the Comptroller of Public Accounts. A refund request submitted to the comptroller must: (1) be in writing on forms provided by the comptroller; (2) be accompanied by copies of the certification by the Department of Commerce; and (3) list each item purchased, the name of each seller, invoice or contract number, dollar amount of each purchase, and amount of state tax paid on each purchase. (f) The refund applies to state tax only. No city, county, transit, special purpose district tax, or any other local sales and use tax may be obtained from the state. Information regarding city tax refunds may be obtained from the city having an enterprise zone within its boundaries. (g) Manufacturers. A qualified business engaged in manufacturing that claims a sales tax refund under both sec.3.300 of this title (relating to Manufacturing; Custom Manufacturing; Fabricating; Processing) and this section on the same machinery and equipment, may not claim more than the total amount of state sales or use tax paid on the machinery and equipment. (h) Records. A qualified business must maintain records supporting the refund request which can be verified by audit. See sec.3.281 of this title (relating to Records Required; Information Required) and sec.3.282 of this title (relating to Auditing Taxpayer Records). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 14, 1991. TRD-9112699 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control 37 TAC sec.91.11 The Texas Youth Commission (TYC) proposes an amendment to sec.91.11, concerning criteria for assigning youth to a program of greater restriction than the one he or she was currently assigned. The amendment will allow the commission to move a youth to a program of more restriction when he or she has previously been classified for a high risk offense. John Franks, director of fiscal affairs, 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. Franks 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 increased protection of the public. 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. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The new section is proposed under the Human Resources Code, sec.61.075, which provides TYC with the authority to permit the liberty or confinement of a youth in TYC custody. sec.91.11. Disciplinary Transfer/Assigned Minimum Length of Stay Consequence. (a) (No change.) (b) Rules. (1) (No change.) (2) Criteria. A youth may be transferred or assigned a minimum length of stay if it is found at a Level II hearing that the youth has committed: (A)-(B) (No change.) (C) any major rule violation and has previously been classified for a high risk offense; (D)
    [(C)] any major rule violation causing substantial bodily injury; (E)
      [(D)] the sum of two or more major rule violations within 30 days at the most recent permanent placement and any subsequent temporary placement; or (F)
        [(E)] the sum of three or more major rule violations at the most recent permanent placement and any subsequent temporary placement. (3)-(4) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 14, 1991. TRD-9112733 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 483-5244 Part VI. Texas Department of Criminal Justice Chapter 161. Community Justice Assistance Division-Administration Subchapter B. Organization 37 TAC sec.161.21 The Texas Department of Criminal Justice proposes an amendment to sec.161.21, concerning the role of the judicial advisory council. The proposed change requires the chair of the council to consult with the director of the Community Justice Assistance Division (CJAD) on council meetings, committees, and advisory groups to ensure that arrangements can be made and that funds are available for expense reimbursement. Bob Young, director, Austin Budget Office, Finance and Administration Division, has determined that for the first five-year period the section is in effect there will be no significant revenue impact for state or local government as a result of enforcing or administering the section. Mr. Young 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 council operations stay within budgeted funding levels. 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. Comments on the proposal may be submitted to Dick Lewis, Director of the Community information Assistance Division of the Community Justice Assistance Division, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753. The amendment is proposed under the Code of Criminal Procedure, Article 42.13, sec.2(a), which provides the Texas Department of Criminal Justice with the authority to adopt reasonable rules concerning the operation of the Community Justice Assistance Division. sec.161.21. Role of the Judicial Advisory Council. (a) (No change.) (b) State-level role of the council. In accordance with Texas Civil Statutes, Article 4413(401), sec.1.12(b), the function of the Judicial Advisory Council
          (council) is to advise the board and the director of the Community Justice Assistance Division (CJAD) on matters of interest to the judiciary. To accomplish this purpose, the council shall: (1) act as an information exchange and provide expert advice to the board [both when requested and at other times as may be necessary to fulfill its statutory role]; (2)-(3) (No change.) (c) (No change.) (d) Additional authority of the council. The chair of the council may appoint committees of council members or advisory groups of noncouncil members to achieve the purposes of this section. The chair of the council shall consult with the director of CJAD regarding the scheduling of meetings of the council, committees of the council, or advisory groups to the council, to ensure that arrangements can be made and that sufficient funds exist to allow reimbursement of expenses for attendance, where authorized by law. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112767 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 Chapter 163. Standards Subchapter B. Local Departments 37 TAC sec.163.21 The Texas Department of Criminal Justice proposes new sec.163.21, concerning administration. As part of a recodification (as mandated by the secretary of state), the previous sec.321.1 shall now be numbered sec.163.21. The recodified standards incorporate new requirements added by amendments to the Texas Code of Criminal Procedure, to Article 42.131, sec.3 (b), as included in House Bill 93, 72nd Legislative Session, Second Called Session. Under the revisions, every jurisdiction must have a community justice council and a community justice task force. Bob Young, Director, Austin budget office, finance and administration, has determined that there will be no fiscal implications resulting from this recodification. Mr. Young 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments, if any, with respect to this recodification should be sent to Dick Lewis, Director of the Community Assistance Division of the Community Justice Assistance Division, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753. The new section is adopted under the Texas Code of Criminal Procedure, Article 42.13, sec.2(a), which provides the deprtment with the authority to adopt reasonable rules concerning the operation of community supervision and corrections departments. sec.163.21. Administration. (a) Public protection. Community supervision and corrections departments (CSCD) should recognize their responsibility to the community by providing opportunities for rehabilitation of offenders, and by initiating appropriate action to impose more retrictive sanctions or to remove promptly from the community those offenders who through their behavior have demonstrated their failure to follow the rules imposed by the court. (b) Community education. CSCDs should recognize their position as a public agency, always reponsive to the needs of the community, making every reasonable effort to educate the community to the duties, responsibilities, and accomplishments of the community corrections system. (c) Professional competence. CSCDs should be impartial, non-political, and professionally competent. (d) Administrative manual. (1) CSCDs should develop an administrative manual defining general purposes and functional objectives, incorporating all written policies and procedures, assuring that they are distributed to all staff members. Departments should use the publication "Guidelines for the Organization, Management, and Operation of Local Adult Probation Departments in Texas," as a guide in the development of it administrative, personnel, and operational policies and procedures. These policies and procedures should be reviewed annually and revised as necessary. (2) The Community Justice Assistance Division (CJAD) is to be notified about the appointment of a CSCD chief/director and shall be responsible for providing the chief/director with copies of the standards, guidelines, and other appropriate information within 30 days. (e) Job description. CSCDs hould have written job descriptions for all positions. Probation officers should be releaed from routine clerical and record-keeping responsibilities which may be performed by clerical personnel. Job decriptions should be reviewed and revised at least annually. (f) Training officer. CSCDs should have a designated officer to monitor the skill levels and training needs of individual staff members and develop a plan for meeting those needs. To facilitate the training function, the officer may conduct internal audits of direct supervision cases to check for technical compliance, for utilization of case classification, and for supervision planning. (g) Entry level salary. CSCDs should establish the entry level salary of probation officers based upon educational requirements as provided by law, experience, levels of reponsibility, and the prevailing wage structure for comparable positions at the local level. (h) Automobile allowance. CSCDs should establish an automobile allowance for the use of personal automobiles on official business by authorized individuals to be paid from judicial district funds. Personal automobile allowance should not be less than the state allowance per mile. Flat rate monthly payment based on approximate mileage computed at not less than the current state rate per mile is not prohibited. Departments paying flat rate monthly allowances should maintain written documentation within the probation department of business mileage. This documentation should include the officer's name, month, and officer's signature. The form should also contain the date, beginning odometer reading, ending odometer reading, total miles driven, and purpose of trips for each business day. These forms should be available for review by the CJAD auditors. (i) Per diem. CSCD's should establish per diem allowances for employee expenses at a rate not less than the rate allowed state employees. (j) Records. (Texas Code of Criminal Procedure, Article 42.13, sec.3). CSCD's shall maintain and provide to CJAD fiscal records and statistical data consistent with the requirements of the statute. (k) Audits. (Texas Code of Criminal Procedure, Article 42.13, sec.3 and sec.4). CJAD shall conduct a fiscal audit of each CSCD at least onece every two years. Outside audits are not required unless requested by CJAD. (l) Budget. (Texas Code of Criminal Procedure, Article 42.13, sec.2 and sec.3). CSCDs shall prepare and operate from an annual budget developed in a form consistent with good accounting practices and approved by the judges(s) of their judicial district. A copy of the budget shall be provided to the CJAD and other entities as required by law. (m) Annual report. (Texas Code of Criminal Procedure, Article 42.13, sec.3 and sec.5). CSCDs should publish and furnish an annual report and a financial report to the judge(s) of the judicial district covering its operations and the condition of community corrections services in its judicial district during the previous year, making whatever recommendations it considers necessary. A copy of these reports should be provided to CJAD and other entities as required by law. (n) Equal employment opportunity. CSCDs shall comply with the Equal Employment Opportunity Act. (o) Ethics. CSCDs should provide each probation officer with a copy of the Code of Ethics adopted by the CJAD and a copy of the procedure developed by the department to be used in investigating and reviewing any alleged violation. CSCDs shall see that probation officers comply with the Code of Ethics and take disciplinary action for noncompliance. (p) Multi-department districts. (1) Judicial districts composed of more than one county may apply to the CJAD for authorization to establish more than one CSCD within that judicial district. The application submitted by the judge(s) shall explain how the creation of more than one department will promote: (A) administrative convenience; (B) economy; or (C) improved community supervision and corrections services, and other reasons if any. (2) The application shall indicate the financial impact and the approval of the judges in the judicial district or districts hearing criminal cases affected by the change. (q) Automobile liability insurance. CSCDs should require all individuals using their automobiles for department business to provide documentation of liability insurance coverage or fiscal responsibility as required by law for peronal motor vehicles used in conduct of official business. (r) Automobiles purchased or leased by judicial districts. CSCDs should ensure that economical use of judicial district funds is considered if the judicial district purchases automobiles to be used by CSCD personnel. (s) Expenses for training. CSCDs may use judicial district funds to pay the expenses of training for employees. The training must be related to community supervision and corrections services or to the employee's particular function or professional advancement within the department. Departments may also use judicial district funds to pay the expenses of training for judges trying criminal cases. Training for judges must be related to community supervision and corrections or to the judge's function as an administrator of the department. This agency hereby certifies that the propogal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on October 16, 1991. TRD-9112770 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 834-8188 37 TAC sec.163.25 The Texas Department of Criminal Justice proposes new sec.163.25, concerning facilities. As part of a recodification (as mandated by the secretary of state), the previous sec.321.6 shall now be numbered 37 TAC sec.163. 25. This recodification of prior standards published at 37 TAC sec.321.6 updates statutory references and changes references to the Texas Adult Probation Department to reflect their transfer to the Community Justice Assistance Division. Bob Young, Director, Austin budget office, finance and administration, has determined that there will be no fiscal implications resulting from this recodification. Mr. Young 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. 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. Comments, if any, with respect to this recodification should be sent to Dick Lewis, Director of the Community Assistance Division of the Community Justice Assistance Division, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753. The new section is proposed under the Texas Code of Criminal Procedure, Article 42.13, sec.1, which provides the Texas Department of Criminal Justice with the authority to adopt reasonable rules concerning the operation of community supervision and corrections department. sec.163.25. Facilities. (a) Facilities Other than restitution centers. (1) Minimum facilities. (Texas Code of Criminal Procedure, (TCCP) Article 42.13, sec.2(a)(1)) Each probation officer should be provided a private office, or in the alternative a private office should be available to the probation officer for interviewing and counseling. Each office should have the necessary lighting, air conditioning, telephone, furniture, equipment, privacy, and decor to provide and promote professional conduct and the establishment of good rapport with the probationer. (2) Location. (Texas Code of Criminal Procedures, Article 42.13, sec.2(a)(1)) Each probation office providing direct court services should be located in the courthouse or as near the courthouse as practically possible to promote prompt and efficient services to the court. (3) Satellite offices. (Texas Code of Criminal Procedures, Article 42.13, Section 2(a)(1)) Satellite probation office should be established in the area of the judicial district to provide efficient services to the probationer as is practically possible. (4) Correctional facilities. (TCCP, Article 42.12, s19). Each probation department should promote the establishment of community-based correctional facilities other than jails and prisons. (b) Expenditure of district funds for facilities, untilities, and equipment for probation offices. (1) Expansion. Judicial district funds may be expended only for expansion of the probation office. The county, or counties, must continue to provide all costs associated with current level operation. (2) Public meeting. Requests for expanded facilities, utilities, and equipment must be placed in the county's budget and be reviewed in a public meeting. (3) Certification information. If the county determines that funds are not available, then a certification must be issued to the district judge indicating that funds are not available. As part of the certification, the county must provide the following information: (A) the total dollar amount of the county's general revenue financial contribution to the community supervision and corrections department for the immediately preceding four county fiscal years, and for the current fiscal year; (B) the total dollar amount of the county budget for the preceding four county fiscal years plus the current fiscal year; (C) the total dollar amount of the county tax roll for the preceding four county fiscal years plug the current calendar year; and (D) the population of the county for the preceding four calendar years plus the current calendar year. (4) Information for the Community Justice Assistance Division (CJAD). The district judge will forward the county certification document, with the attachments, to the CJAD. In addition to the certification information, a listing of expansion items and their approximate cost, should be included. The listing for equipment must be itemized with an approximate cost for each item. A cover letter indicating agreement with the county certification must be signed by the district judge. (5) Approval of items. The CJAD staff will review the request for expansion items and return an approved listing of items that may be purchased with judicial district funds. All facility, utility, and equipment purchases, including rent of lease contracts, charged to the judicial district fund must be approved by the executive director of the TAPC before the purchase is made. (6) First priority purchases. First priority will be given to those items that are directly related to new probation officer positions. This include facilities, utilities, desks, chairs, cabinets, etc. (7) Second priority purchases. Second priority will be given to those items directly related to new support positions. This includes facilities, utilities, desks, chairs, file cabinets, typewriters, calculators, etc. (8) Third priority purchases. Third priority will be given to technologically advanced equipment such as word processing systems and computer equipment. The purchase of these items will be approved only if additional officers have been hired and the purchase of these types of equipment can be offset against the hiring of additional support staff. (9) Source of funds for facility, utility, and equipment purchases. All facility, utility, and equipment purchases charged to the judicial district fund must be purchased from the general operating funds. No funds from the special program funding category will be specifically allocated by the TAPC for the purchase of facilities, utilities, and equipment for probation offices. (c) Expenditure of district funds for facilities, utilities, and equipment for community-based correctional program. (1) Types of programs. Judicial district funds may be expended for new programs, current level existing programs, or expansion of existing programs identified as community-based correctional programs. (2) Public meeting. Requests for facilities, utilities, and equipment for community-based correctional programs must be initially requested from the county and reviewed in a public meeting. (3) Certification information. If the county determines that funds are not available, then a certification must be issued to the district judge indicating that funds are not available. As part of the certification, the county must provide the following information: (A) the total dollar amount of the county's general revenue financial contribution to the community supervision and corrections department for the four preceeding county fiscal years and the current county fiscal year; (B) the total dollar amount of the county budget for the four preceding county fiscal years plus the current fiscal year; (C) the total dollar amount of the county tax roll for the four preceding county fiscal years plus the current fiscal year; (D) the population of the county for the four preceding calendar years plus the current calendar year. (4) Information for CJAD. The district judge will forward the county certification document, with the attachments, to CJAD. In addition to the certification information a listing of the facility, utility, and equipment items to be purchased must be forwarded with the approximate cost of each included. A cover letter indicating agreement with the certification must be signed by the district judge. (5) Approval of items. The CJAD staff will review the request and return an approved listing of items that may be purchased with judicial district funds. All facility, utility, and equipment expenditures, including rent or lease contracts, charged to the judicial district funds must be approved by the executive director of CJAD before the purchase is made. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112775 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.163.29 The Texas Department of Criminal Justice proposes new sec.163.29, concerning community justice councils. As part of a recodification (as mandated by the secretary of state), the previous sec.321.14 shall now be numbered sec.163. 29. The recodified standards incorporate new requirements added by amendments to the Texas Code of Criminal Procedure, Article 42.131, sec.3(b), as included in House Bill 93, 72nd Legislative Session, Second Called Session. Under revisions, every jurisdiction must have a community justice council and a community justice task force. Bob Young, Director, Austin budget office, finance and administration, has determined that there will be no fiscal implications resulting from this recodification. Mr. young 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the section as proposed. Comments, if any, with respect to this recodification should be sent to Dick Lewis, Director of the Community Assistance Division of the Community Justice Assistance Division, 8100 Cameron Road Suite 600, Building B, Austin, Texas 78753. The new section is proposed under the Texas Code of Criminal Procedure, Article 42.13, sec.1, which provides the Texas Department of Criminal Justice with the authority to adopt reasonable rules concerning the operation of community supervision and corrections departments. sec.163.29. Community Justice Council and Community Justice Task Forces. (a) Establishment. In accordance with the Texas Code of Criminal Procedure, Article 42.131, a community justice council (CJC) must be established by the district judge or judges, unless a board or council exists in the community on or before September 1, 1991 that performs duties substantially similar to those imposed on a CJC. The CJC shall provide continuing policy guidance and direction for the development of community justice plans and community corrections facilities and programs. The council membership should consist of the following persons or their designees: (1) a sheriff of a county served by the department, chosen by the sheriffs of the counties served by the department; (2) a county commissioner or a county judge from a county served by the department, chosen by the county commissioners and county judges of the counties served by the department; (3) a city council member of the most populous municipality in a county served by the department, chosen by the members of the city councils of cities served by the department; (4) not more than two state legislators elected from a county served by the department, chosen by the state legislators elected from the counties served by the department; (5) the presiding judge from a judicial district served by the department chosen by the district judges from the judicial districts served by the department; (6) a judge of a statutory county court exercising criminal jurisdiction in a county served by the department be chosen by the judges of statutory county courts with criminal jurisdiction in counties served by the department; (7) a county attorney with criminal jurisdiction from a county served by the department, chosen by the county attorneys with criminal jurisdiction from the counties served by the department; (8) a district attorney or criminal district attorney from a judicial district served by the department chosen by the district attorneys or criminal district attorneys from the judicial districts served by the department; (9) an elected member of the board of trustees of an independent school district in a county served by the department, chosen by the members of the boards of trustees of independent school districts located in counties served by the department; and (10) members of the general public and representatives of any non-profit organizations which play a significant role in the corrections system of the community. (b) Community justice task force. The CJC shall appoint a community justice task force to provide support staff for the development of a community justice plan. The task force may consist of any number of members, but should include: (1) the county or regional director of the Texas Department of Human Services with responsibility for the area served by the department; (2) the chief of police of the most populous municipality served by the department; (3) the chief juvenile probation officer of the juvenile probation office serving the most populous area served by the department; (4) the superintendent of the most populous school district served by the department; (5) the supervisor of the Department of Public Safety region closest to the department, or the supervisor's designee; (6) the county or regional director of the Texas Department of Mental Health and Mental Retardation with responsibility for the area served by the department; (7) a substance abuse treatment professional appointed by the council of governments serving the area served by the department; (8) the department chief/director of the community supervision and corrections department (CSCD) served by the department; (9) the local or regional representative of the Board of Pardons and Paroles Division of the Texas Department of Criminal Justice with responsibility for the area to be served by the department; (10) the representative of the Texas Employment Commission with responsibility for the area served by the department; (11) the representative of the Texas Rehabilitation Commission with responsibility for the area served by the department; (12) a licensed attorney who practices in the area served by the department and whose practice consist primarily of criminal law; (13) a court administrator, if one serves the area served by the department; (14) a representative of a community service organization that provides services to the area served by the department; and (15) a representative of an organization in the area served by the department that is actively involved in issues relating to defendant's rights, chosen by the county commissioners and county judges of the counties served by the department. As with the membership of the CJC, it is encouraged that the membership of the community justice task force be expanded to include members of the general public and representatives of any non-profit organizations which plan a significant role in the corrections system of the community. (c) Recognition. In order for a group to be recognized as a designated CJC under the provisions of the Texas Code of Criminal Procedure, Article 42.13, sec.6 and Article 42.131, sec.3, the judge(s) responsible for establishing the CJC shall forward to the CJAD the following items: (1) a list of names and titles of the individual members of the CJC or group functioning as a CJC; (2) documentation as to the date of formation of the CJC or group; (3) written documentation indicating the charge, responsibilities, and/or duties of the CJC or group; (4) a list of names and titles of the individual members of the community justice task force; and (5) written documentation indicating the charge, responsibilities, and/or duties of the task force. The CJAD, after a review of the materials submitted by the jurisdiction, will issue a letter of confirmation. (d) Continuing recognition. In order for a CJC to maintain its recogni--tion status the judge(s) responsible for establishing the CJC shall file with the CJAD by September 1 each year a list of active members of the council and of the task force. It is the intent for establishing jurisdictions to replace members of the councils as vacancies occur. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112777 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.163.31 The Texas Department of Criminal Justice proposes an amendment to sec.163.31, concerning the community justice plan. The modifications incorporated into the recodification incorporate the requirements of the Texas Code of Criminal Procedure, Article 42.131, Subsection 3(c) as amended by Subsection 11.08 of House Bill 93, 72nd Legislative Session, Second Called Session. Bob Young, director, Austin Budget Office, Finance and Administration Division, 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. Young 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 improved local planning and coordination. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the section as proposed. Comments on the proposal may be submitted to Dick Lewis, Director of the Community information Assistance Division of the Community Justice Assistance Division, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753. The amendment is proposed under the Code of Criminal Procedure, Article 42.13, sec.2(s), which provides the Texas Department of Criminal Justice with the authority to adopt reasonable rules concerning the operation of the Community Justice Assistance Division. sec.163.31. Community Justice Plan. (a) (No change.) (b) Development. All community justice plans must be approved by the district judge(s)
            [judges] who manages
              [manage] the department. Unless otherwise specified by the judge(s), the CSCD chief/director or designee shall serve as the primary manager of the planning process, coordinating council activities, data collection, plan composition, program prioritization and plan drafting, and submission. [If a community justice council serves the department,] The community justice
                council shall provide direction for the development of the community justice plan. The council, after judicial approval, shall submit the plan to the CJAD. (c) (No change.) (d) Policies and procedures. Each department and its
                  [or] council shall develop and implement policies and procedures for the review of proposals submitted to the department and its council
                    [department/council] in response to the priority programs identified in the plan and based upon the target population. Procedures should also outline how action will be taken and what recommendations will be made for funding these proposals. The department and its council
                      recommendations of the local department and its council
                        [department/council], with approval of the district judge(s), will then be submitted to the CJAD for review. (e) Annual submission. After the district judge(s)
                          [judges] managing the department has
                            [have] approved the [fiscal year 1991] community justice
                              plan, the department and its council
                                [department/council] shall submit the
                                  [a] plan to the CJAD [each year with appropriate revisions]. The plan for each fiscal year is to be submitted by March 1 of the preceding fiscal year. (f) (No change.) (g) Regional planning process. Planning on a regional basis is encouraged. Programs and facilities which serve offenders from several local jurisdictions are cost-effective alternatives. The community justice plan from each jurisdiction should clearly identify the target population and priority need for the services offered by the regional program or facility. The jurisdiction in which the facility or program is to be based should describe in detail the program operations. [If the regional planning process identifies the need for a facility, a community justice council must be established in the jurisdiction which is responsible for the development and operation of the facility.] Representatives from other participating jurisdictions should participate in the community justice planning process. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on October 16, 1991. TRD-9112768 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.163.55 The Texas Department of Criminal Justice proposes new sec.163.55, residential services. As part of a recodification (as mandated by the secretary of state) the previous sec.321.11 shall now be numbered sec.163.55. This is a recodification of former 37 TAC sec.321.11, with amendments which provide additional requirements for public hearings for site selection of community corrections facilities, as required by the Texas Code of Criminal Procedure, Article 42.13, sec.10(d) and (e), amended by House Bill 93, 72nd Legislative Session, Second Called Session. Bob Young, director, Austin budget office, finance and administration, has determined that there will be no fiscal implications resulting from this recodification. Mr. Young has determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be integrating departmental rules and standards into the secretary of state's required recodification scheme. 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. Comments, if any, with respect to this recodification should be sent to Dick Lewis, Director of the Community Assistance Division of the Community Justice Assistance Division, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753. The new section is adopted under the Texas Code of Criminal Procedure, Article 42.13, sec.1, which provides the Texas Department of Criminal Justice with the authority to adopt reasonable rules concerning the operation of community supervision and corrections departments. sec.163.55. Residential Services (the Texas Code of Criminal Procedure (TCCP), Article 42.13, sec.5). (a) Purpose. Residential facilities funded by the Community Justice Assistance Division (CJAD) shall provide the courts with a sentencing alternative designed to: (l) reduce jail/prison overcrowding by impacting potential jail/prison admissions as identified by a risk assessment instrument approved by the CJAD; (2) provide public protection by ensuring level of security appropriate for the population served by the facility, including as a minimum a monitored and structured environment in which residents' interior and exterior movements and activities can be supervised by specific destination and time; (3) provide an intermediate sanction for offenders who require a level of supervision/services greater than that of non-residential supervision to ensure compliance with the conditions of probation and law-abiding behavior; and (4) provide services that target reintegration of the offender back into the community. (b) Types of programs. (Texas Code of Criminal Procedure, Article 42.13, sec.6 Facilities funded by the CJAD and operated by departments, other governmental entities, or private contractors may include, but are not limited to: (1) community corrections facilities; including: (A) restitution centers; (B) court residential treatment centers; (C) substance abuse treatment facilities; (D) custody camps and boot camps; (E) residential facilities for the mentally impaired; (F) intermediate sanction facilities; (G) halfway houses; (H) pre-parole transfer facilities; and (I) work facilities; and (2) county correctional centers (CCC). (A) The commissioners court of a county may establish a CCC after receiving written consent of the sheriff. (B) The sheriff of the county in which a CCC has been established is responsible for the operation of the CCC and must consult with the chief/director of the community supervision and corrections department serving the county about issues relating to probationers participating in the CCC programs. (C) The sheriff through the CCC program may: (i) house and provide work programs and counseling for eligible defendants; and (ii) in cooperation with the community supervision and corrections department serving the county, operate work programs and counseling programs for probationers. (c) Offender eligibility. Placement of offenders in residential facilities shall only be by an order of the court and shall meet the following criteria: (1) community corrections facilities: (A) the defendant did not cause serious bodily injury or death of another as a result of the commission of the offense as determined by the trier of facts; (B) the defendant did not use a deadly weapon during the commission of or flight from the offense as determined by the trier of the facts; (C) the defendant matches the profile of offenders historically committed to county jail/prison from that jurisdiction; or the defendant has high risk/needs, who, if supervised at a lower supervision level would have increased the likelihood of violating the conditions of probation; and (D) for restitution centers only: (i) the defendant must have been convicted or pled guilty or nolo contendre to a felony offense other than those under the Texas Penal Code, Title 5; and (ii) the defendant must be employable. (2) CCCs. The defendant is eligible for placement: (A) in lieu of a sentence of confinement in county jail; (B) in lieu of jail time as a condition of probation; (C) in lieu of jail time as punishment for violation of conditions of probation; or (D) if required as a condition of probation to participate in a work program or counseling program through a county correctional center. (d) Funding eligibility. Upon application and approval, the CJAD will distribute funds to CSCDs, counties, or municipalities which: (1) are in compliance with CJAD standards; if application is made by a CSCD; or (2) are in compliance with CJAD standards for residential services if application is made by a county or municipality; and (3) have had their community justice plan accepted by the CJAD. (e) Target population. The CSCDs, counties, or municipalities operating facilities shall define a specific target population of offenders to be served and provide supervision/services that address the level of risk and needs of that target population. (f) Term of participation. The term of participation in residential facilities shall be based on the following criteria: (1) the offender has made sufficient progress towards meeting the objectives of the supervision plan; (2) the offender has satisfied a sentence of confinement; or (3) the offender has satisfied a period of detention as a condition of probation. (g) Policies and procedures. Local jurisdictions shall provide supervision/services to offenders placed in residential facilities in accordance with policies and procedures as described in the facility's operations manual. The policies and procedure shall be approved by the division director of the CJAD prior to accepting residents. These policies and procedures shall include, but are not limited to, the following: (1) using the CJAD Cage Management System for Residential Services or an equivalent as approved by CJAD; (2) providing food services; (3) providing a level of security consistent with public protection; (4) providing a resident discipline system; (5) providing fiscal accountability; (6) providing for property inventory and control; (7) providing for fire and other emergency plans such as medical and natural disasters; (8) providing for protection of residents' rights; (9) ensuring ready access to medical and psychiatric emergency services 24 hours a day; (10) providing the court with timely written resident evaluation reports; (11) providing for release procedures and continuity of supervision services based on an exit plan predicated on existing resources, upon release from the facility; (12) developing and implementing negotiated supervision plans; (13) implementing sound personnel practices; (14) orienting new residents; and (15) providing a pass/furlough policy for residents. All policies and procedures are to be reviewed and updated as necessary and approved annually by the division director of CJAD as per minimum guidelines established by the CJAD. (h) Maximum resident capacity. The maximum resident capacity should be defined as the total number of offenders who can be housed at the facility at any given time as determined by the CSCD and approved by the CJAD. (i) Utilization. Agencies establishing facilities under this section shall ensure that the facility reaches 90% capacity within the first six months of operation. Facilities should strive to have 100% capacity utilizing appropriate placements only and shall not fall below 90% capacity. (j) Denying admission. An offender who appears to be an inappropriate placement shall be returned to the court of original jurisdiction by the facility director so placement into a more appropriate community corrections sanction may be determined. An offender may be placed on a waiting list or returned to the court for an alternative sanction if the facility has reached capacity. (k) Public meeting. Agencies interested in the establishment of community corrections facilities should demonstrate sensitivity to the community and to other issues considered important by the community justice council by holding a public meeting on the proposed site. A minimum of 30 days prior to the meeting, the agency proposing to operate the facility shall: (1) publish notice of the date, hour, place and subject of the meeting in three consecutive issues of a newspaper, or in newspapers that collectively have, general circulation in the county in which the proposed facility is to be located. In describing the subject of the meeting, the notice is to specifically state the address of the proposed location of the facility and describe the proposed action. The public meeting is to be held in the county where the facility's location is being proposed, at a site as close as practicable to the proposed location of the facility; and (2) mail a copy of the notice to each city council member, county commissioner, state representative, and state senator who represents the area in which the proposed facility is to be located, unless the proposed facility has been previously authorized to operate at a particular location by a community justice council. (l) Physical plant. (1) Community corrections facilities. Agencies operating facilities under this section must provide annually to the CJAD documentation that the facility meets local and state safety, health and sanitation standards, codes, and ordinances. The agency must also ensure that the facility provides an environment that promotes reintegration of the offender into the community. (2) CCCs. Agencies operating facilities under this section must follow the county correctional center standards and rules as adopted by the Texas Commission on Jail Standards pursuant to Texas Civil Statutes, Article 5115.1. (m) Data. Agencies operating or utilizing facilities under this section shall submit, on a timely basis, data required by the CJAD. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112773 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 Chapter 165. State Aid Distribution and Monitoring Subchapter C. Community Corrections Program 37 TAC sec.165.41 The Texas Department of Criminal Justice proposes an amendment to sec.165.41, concerning the Community Corrections Program. The purpose of the amendment is to include the requirement that all community justice plans be prepared by Community Justice Councils, as is required by the Texas Code of Criminal Procedure, Article 42.131, as amended by House Bill 93, in the Second Called Session of the 72nd Legislative Session. Bob Young, director, Austin Budget Office, Finance and Administration Division 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. Young 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 improved coordination of the entities involved in community justice planning. 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. Comments on the proposal may be submitted to Dick Lewis, Director of the Community Information Assistance Division of the Community Justice, Assistance Division, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753. The amendment is proposed under the Code of Criminal Procedure, Article 42.13, which provides the Texas Department of Criminal Justice with the authority to adopt rules concerning the operations of the Community Justice Assistance Division. sec.165.41. Community Corrections Program Generally. (a)-(b) (No change.) (c) Eligibility for funding. The Community Justice Assistance Division (CJAD) will distribute community corrections program state aid to community supervision and corrections departments that: (1) (No change.) (2) have a community justice plan and supporting documentation submitted by the Community Justice Council (CJC) [where councils exist]; and (3) (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 authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112769 Jackee Cox, General Counsel General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.321.1 (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 Department of Criminal Justice or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Criminal Justice proposes the repeal of sec.321.1, concerning administration. The repeal is for purposes of recodifying prior rules under a new numbering system mandated by the secretary of state. Additionally, the new rule clarifies the audit responsibilities of the Community Justice Assistance Division. In compliance with the mandate of the secretary of state, all prior rules of the Adult Probation Department as previously codified at 37 TAC Chapters 321, 323, and 325 must now be recodified under different section numbers. The prior 37 TAC sec.321.1 is being recodified as 37 TAC sec.163.21, also published in this edition of the Texas Register. Bob Young, Director, Austin Budget Office, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Young also 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. The repeal is proposed under the Texas Code of Criminal Procedure, Article 42. 13, sec.2(a). sec.321.1. Administration. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112772 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.321.6 The Texas Department of Criminal Justice proposes the repeal of sec.321.6, concerning facilities. The recodification of prior standards published at 37 TAC sec.321.6 updates statutory references and changes references to the Texas Adult Probation Department to reflect their transfer to the Texas Department of Criminal Justice. In compliance with the mandate of the secretary of state, all prior rules of the Adult Probation Department as previously codified at 37 TAC Chapters 321, 323, and 325 must now be recodified under different section numbers. The prior 37 TAC sec.321.6 is being recodified as 37 TAC sec.163.25, also published in this edition of the Texas Register. Bob Young, director, Austin budget office, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Young also 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. The repeal is proposed under the Texas Code of Criminal Procedure, Article 42. 13, sec.2(a). sec.321.6. Facilities. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112774 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.321.11 (Editor's note: The text of the following repeal proposed for repeal will not be published. The repeal may be examined in the offices of the Texas Department of Criminal Justice or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Criminal Justice proposes the repeal of sec.321.11, concerning residential services. In compliance with the mandate of the secretary of state, all prior rules of the Adult Probation Department as previously codified at 37 TAC, Chapters 321, 323, and 325 must now be recodified under different section numbers. The prior 37 TAC sec.321.11 is being recodified as 37 TAC sec.163.55, also published in this edition of the Texas Register. Bob Young, director, Austin budget office, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Young also 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. The repeal is proposed under the Texas Code of Criminal Procedure, Article 42. 13, sec.2(a). sec.sec.321.11. Residential Services. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112771 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.321.14 (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 Department of Criminal Justice or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Criminal Justice proposes the repeal of sec.321.14, concerning community justice councils. In compliance with the mandate of the secretary of state, all prior rules of the Adult Probation Department as previously codified at 37 TAC Chapters 321, 323, and 325 must now be recodified under different section numbers. The prior 37 TAC sec.321.14 is being recodified as 37 TAC sec.163.29, also published in this edition of the Texas Register. Bob Young, director, Austin Budget Office, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Young also 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 integrating departmental rules and standards into the secretary of state's required recodification scheme. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. The repeal is proposed under the Texas Code of Criminal Procedure, Article 42. 13, sec.2(a). sec.321.14. Community Justice Councils. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1991. TRD-9112776 Jackee Cox General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: November 22, 1991 For further information, please call: (512) 463-9988