Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.91.3 The Texas Youth Commission (TYC) adopts an amendment to sec.91.3, concerning the commission's rules of conduct, contraband, and dress, with changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2116). The amendment to the section will bring about a safer environment for TYC staff and visitors, and youth in custody of the Texas Youth Commission. The change is the deletion of the statement which says that the added subsection on symbolic expression will expire on March 31, 1993. The symbolic expression subsection to be added allows individual superintendents with approval of the director of institutions to prohibit expressions that prompt violence or potentially violent behavior. Serious attacks between gang members resulting from the display of certain colors and hand signals related to gang membership within our facilities presents an imminent peril to the health and safety of our youth, staff, and visitors. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules, appropriate to proper accomplishment of its functions. sec.91.3. Rules of Conduct, Contraband, and Dress. (a) Policy. Texas Youth Commission (TYC) facilities and programs maintain youth discipline to the extent necessary to keep order and provide a safe and constructive environment for youth, staff, and visitors. Youth are expected to follow agencywide rules of conduct, contraband, and dress. Violations of the rules result in disciplinary consequences that are proportional to the severity and extent of the violation and follow appropriate due process. Rules in this policy may be restated in greater detail or otherwise adapted to accommodate a particular program in order to help clarify expected behavior in that program. All adapted or restated rules will remain consistent with the general rules of conduct. The rules are posted in a conspicuous area accessible to youth in each facility and program. (b) Rules. (1) Rules of conduct. It is a violation to knowingly violate or attempt to violate or help someone else violate any of the rules of conduct. Repeated violations of any rule of conduct will result in more serious disciplinary consequences. (A) A major rule violation is any of the following acts for which major consequences may be levied. Major consequences include referral to criminal court, disciplinary movement and/or reclassification, and/or assignment of a minimum length of stay: (i) violate any law of Texas or of the United States; (ii) escape or attempt escape; (iii) cause physical pain or bodily injury to one's self or to another person; (iv) possess a weapon; (v) inhale, ingest, or otherwise consume or import into the body any controlled substance or intoxicant, or refuse to take a drug test; (vi) intentionally damage or destroy property which causes a loss of $100 or more; (vii) fail on two or more occasions to comply with a written reasonable request of staff that is either present in the ICP or is validly related to previous high risk behavior. (B) Minor misbehavior is willful behavior which breaks rules for which minor consequences, called on-site disciplinary consequences, may be levied. Minor consequences include loss of privileges, restriction, or confiscation of contraband. Minor misbehaviors are: (i) take, use, or damage property without proper permission; (ii) possess items instructed not to possess including contraband; (iii) be with someone told not to be with; (iv) threaten to cause harm to someone; (v) engage in inappropriate physical or sexual contact; (vi) engage in tattooing self or other or ear piercing; (vii) engage in setting a fire without permission from staff; (viii) lend, borrow, or trade personal property without permission from staff; (ix) curse or use disrespectful language or behavior toward another; (x) fail to report to someone in authority when told to do so; (xi) enter restricted areas without proper permission; (xii) use or possess tobacco in places where it is prohibited; (xiii) disrupt an authorized activity; (xiv) deliberately disobey a reasonable request of staff; (xv) miss scheduled activities or curfew time; (xvi) gamble; (xvii) fail to follow the dress code; (xviii) fail to report others' misconduct. (2) Contraband. Consistent with the rules of conduct, youth in a residential program which is under contract to TYC or operated by TYC shall not have contraband. Contraband items will be confiscated and disposed of in accordance with General Operating Procedure (GOP)71.03, sec.93.23 of this title (relating to Disposition of Unauthorized Items Seized). Contraband includes: (A) anything which it is a crime to possess under municipal ordinances or state or federal law (including solvent inhalants, drugs, and alcohol); (B) narcotics paraphernalia; (C) items which can be used, made, or adapted to use as weapons; (D) pictures which depict sexually explicit male or female nudity or sexual acts, including magazines or periodicals which routinely publish such pictures; (E) items such as posters or clothing with slogans, mottos, or emblems which are obscene, advocate illegal or immoral conduct, hold individuals or groups up to ridicule or reinforce delinquent subcultural values or in any way disrupt programs or activities; and (F) money in excess of the amount permitted by facility rules. (3) Dress code. Any youth in a residential program operated by TYC must dress in accordance with these rules. (A) Clothing will be clean, fit properly, and be appropriate to the activity at all times. (B) Undergarments must be worn and must not show. Females will wear bras. (C) Patches, embroidery, buttons, and writing on clothing must not signify anything about drugs, alcohol, sex, obscene language, violent acts, or show disrespect to any group or class of people. (D) Shoes or acceptable footwear will be worn as appropriate to the activity at all times. (E) Boys will not wear earrings. (4) Hair. (A) Hair should be clean and well groomed and out of the eyes. (B) Boys' hair may extend no lower than the collar of a dress shirt in the back or past the ear lobes on the side. (C) Youth should be clean shaven. (5) Symbolic expression. A facility superintendent may adopt rules for the facility to prohibit any symbolic expression(s) that have been shown to precipitate violent behavior which endangers the safety of youth, staff, or visitors at the facility. All rules adopted by a superintendent and approved by the director of institutions must be clearly communicated to each youth and posted at the same place as other rules set out in this policy. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 20, 1992. TRD-9205543 Ron Jackson Executive Director Texas Youth Commission Effective date: May 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 12. Special Nutrition Programs Child and Adult Care Food Program 40 TAC sec.sec.12.1-12.10, 12.15, 12.17, 12.22, 12.25 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.12. 1- 12.10, 12.15, 12.17, 12.22, and 12.25, concerning the Child and Adult Care Food Program in its Special Nutrition Programs (formerly Child Nutrition Program) rule chapter, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1901). The justification for the amendments is to establish the availability of funds to expand program participation in the Child and Adult Care Food Program by day care homes in rural and/or low-income areas. In addition, DHS is updating references to Child Care Food Program to reflect the current program name: Child and Adult Care Food Program. The amendments will function by improving the quality of meals served in day care homes providing services in rural or low-income areas of the state. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 22, 1992. TRD-9205578 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 450-3765