EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. 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 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 401. System Administration Subchapter A. Advisory Committees 25 TAC sec.401.23, sec.401.24 The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts on an emergency basis new sec.401.23 and s401.24 of Chapter 401, Subchapter A, concerning advisory committees. The new sections adopted on an emergency basis are contemporaneously proposed for public comment in this issue of the Texas Register. The purpose of the emergency adoption is to recognize two newly created advisory task forces concerning provider/authority roles and alternate uses for the Travis State School. The new sections outline the purpose, tasks, and duration of the committees, which are subject to all other requirements of the subchapter. The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 6252-13a, sec.5(d), which provide emergency rulemaking powers, and under the Texas Health and Safety Code, sec.532.015 (Texas Civil Statutes, Article 5547-202, sec.2.11), which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. sec.401.23. Advisory Committee on Provider/Authority Roles. (a) The purpose of the Advisory Committee on Provider/Authority Roles is to explore the role of a state mental health and mental retardation authority and to recommend needed changes to ensure that TXMHMR can implement this role in a way which supports the department's vision for the future. (b) Tasks of the Advisory Committee on Provider/Authority Roles include: (1) studying the organization of the TXMHMR service delivery system to identify the key organizational principles which should underlie the role of state mental health or mental retardation organizations and identify issues inherent in implementing this role while simultaneously serving as a provider of services; (2) exploring organizational models (other state MH/MR systems, other service systems) which address these issues; (3) recommending to the Board strategies to delineate and separate these roles; and (4) recommending necessary actions to implement these strategies, including legislation, administrative changes, communication mechanisms, organization of functions, and others. (c) This advisory committee shall be abolished January 1, 1995, unless reauthorized. sec.401.24. Advisory Committee on Alternate Uses for the Travis State School. (a) The purpose of the Advisory Committee on Alternate Uses for the Travis State School is to develop for consideration by the TXMHMR Board recommendations for alternate use of the existing facilities and property at the Travis State School. (b) Tasks of the Advisory Committee on Alternate Uses for the Travis State School include: (1) determining if the proposed use(s) protects and serve the interests of the taxpayers of Texas; (2) assessing the ability of the proposed use(s) to address the community's expressed needs and desires; (3) considering the ability of the proposed use(s) to mitigate the economic impact of the closure upon the local community; (4) assessing the ability of the proposed use(s) to provide the job opportunities for Travis State School employees affected by the closure; (5) assessing the ability of the proposed use(s) to provide meaningful compensation to the department for the property and improvements at the Travis State School, and to enhance the value of any neighboring state-owned property; and (6) addressing other relevant concerns. (c) This advisory committee shall be abolished January 1, 1995, unless reauthorized. Issued in Austin, Texas, on January 21, 1994. TRD-9435059 Ann K. Utley Chairman Texas Mental Health and Mental Retardation Effective date: January 21, 1994 Expiration date: May 22, 1994 For further information, please call: (512) 206-4516 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 93. General Provisions Records, Reports and Forms 37 TAC sec.93.75 Texas Youth Commission (TYC) adopts on an emergency basis new sec.93.75, concerning population management. This section is adopted on an emergency basis to allow for immediate movement of committed delinquent youth from the Texas Youth Commission maximum restriction facility to high restriction facilities to relieve overpopulation which creates a high possibility of danger to youth and staff. The new section is adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission authority to order the child's confinement under conditions it believes best designed for the child's welfare and the interests of the public. sec.93.75. Population Management.
    The Texas Youth Commission (TYC) manages resources to maximize available bed space and safety for youth and staff. When necessary to control population and/or manage available resources, the deputy executive director may approve the movement of violent offenders Type A and Type B from the TYC maximum restriction facility to TYC operated high restriction facilities. Issued in Austin, Texas, on January 21, 1994. TRD-9435034 Steve Robinson Executive Director Texas Youth Commission Effective date: January 21, 1994 Expiration date: May 22, 1994 For further information, please call: (512) 483-5244