ADOPTED RULES 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 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 20. Reporting Political Contributions and Expenditures Subchapter C. Reporting Requirements for a Candidate 1 TAC sec.20.206 The Texas Ethics Commission (the commission) adopts new sec.20.206 without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 749). This section provides guidelines to a candidate when transferring his or her appointment of campaign treasurer to anther filing authority and provides for the automatic termination of a candidate's appointment of campaign treasurer with the former filing authority. This section will govern the transfer of a campaign treasurer appointment from one filing authority to another when a candidate decides to seek a different office when requires that reports are to be filed with a different filing authority. No comments were received regarding adoption of the rule. The new section is adopted under Texas Government Code, Chapter 571, sec.571. 062, which provides the commission with the authority to promulgate rules to implement laws administered and enforced by the commission, and by Texas Election Code, sec.252.010 (relating to Transfer of Appointment), 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 March 25, 1994. TRD-9438318 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: April 20, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 463-5800 Chapter 34. Conduct of Lobbyists Subchapter A. Restrictions on Lobby Expenditures 1 TAC sec.sec.34.7, 34.9, 34.11 The Texas Ethics Commission (the commission) adopts new sec.sec.34.7, 34.9, 34.11, without changes to the proposed text ads published in the February 4, 1994, issue of the Texas Register (19 TexReg 749). These sections implement laws that regulate gifts of cash or loans by a lobbyists to a member of the legislative or executive branch of state government. These sections are renumbered from previous rules adopted and repealed by the commission. No substantive changes were made other than those needed to renumber these sections. These sections set forth rules concerning gifts and loans to be followed by any person registered as a lobbyists under Chapter 305, Texas Government Code. No comments were received regarding adoption of these rules. These rules are adopted under Texas Government Code, Chapter 571, sec.571. 062, which provides the commission with the authority to promulgate rules to implement laws administered and enforced by the commission; and by Texas Government Code, Chapter 305 (relating to Registration of Lobbyists), sec.305. 024 (relating to Restrictions and Expenditures) and sec.305.025 (relating to Exceptions). 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 March 25, 1994. TRD-9438319 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: April 20, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 463-5800 1 TAC sec.sec.34.9, 34.11, 34.13 The Texas Ethics Commission adopts the repeal of sec. sec.34.9, 34.11, and 34. 13, concerning the conduct of those persons registered as lobbyists with the commission pursuant to Chapter 305 of the Government Code, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 749). These sections are being recodified under new section numbers. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Government Code, Chapter 571, sec.571. 062, which provides the Texas Ethics Commission with the authority to promulgate rules to implement laws administered and enforced by the commission, and by Texas Government Code, sec.305.024, (relating to Restrictions and Expenditures) and sec.305.025 (relating to Exceptions). 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 March 25, 1994. TRD-9438320 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: April 20, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 463-5800 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 65. Boiler Division 16 TAC sec.sec.65.20, 65.50, 65.65, 65.70, 65.80 The Texas Department of Licensing and Regulation adopts new sec.65.65 and amendments to sec.sec.65.20, 65.50, 65.70, and 65.80 concerning the certification of boilers. Section 65.70 is adopted with changes to the proposed text as published in the February 11, 1994, issue of the Texas Register (19 TexReg 1004). Sections 65.20, 65.50, 65.65, and 65.80 are being adopted without changes and will not be republished. These sections are being adopted in order to incorporate recommendations by the Board of Boiler Rules to increase the fee for a boiler certificate of operation when the boiler inspection is performed by an authorized inspector and to clarify the late renewal fee for a commission. The change in sec.65.70 will enhance clarity and afford consistency with other sections. Section 65.20 will function by clarifying the time requirement for a boiler inspection; sec.65.50 will function by allowing for the acceptance of certain data to be electronically transmitted from inspection agencies to this department; sec.65.65 will function by defining the purpose, method of reporting, and reimbursement of expenses of the Boiler Board; sec.65.70 will function to clarify the time requirement for a boiler inspection; and sec.65.80 will function by providing for a boiler certificate of operation fee increase for boiler inspections performed by an authorized inspector and will clarify the commission late renewal fee. No comments were received regarding adoption of the rules. The amendments and new section are adopted under the Health and Safety Code, Chapter 755, which provides the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules in keeping with standard usage for the construction, inspection, installation, use, maintenance, repair, alteration, and operation of boilers. sec.65.70. Responsibilities of the licensee/certificate holder/registrant. (a) New installations (1)-(2) (No change.) (3) New boilers, including reinstalled boilers, shall be installed in accordance with the requirements of the latest revision of the applicable section of the ASME code and these rules. These boilers shall be inspected within 30 days of the owner or operator notification. (4) (No change.) (b)-(e) (No change.) (f) Clearance. (1) (No change.) (2) A minimum clearance of two feet shall be maintained on all sides of a boiler except portable boilers. A minimum of four feet shall be maintained between top of a boiler and roof joist. A minimum of one foot shall be maintained between the bottom of scotch-type boilers and the foundation or f floor. (g)-(h) (No change.) 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 March 28, 1994. TRD-9438291 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: April 19, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 463-2904 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 61. School Districts Subchapter AA. Commissioner's Rules 19 TAC sec.61.1010 The Texas Education Agency (TEA) adopts new sec.61.1010, concerning standards that limit administrative cost expenditures by school districts, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 755). The rule is necessary to decrease expenditure of school district funds on administration, increase expenditure of district funds on instruction, or some combination of the two. The rule establishes standards against which districts' administrative-to-instructional cost ratios are compared. Districts with excess administrative expenditures can meet these standards by reducing administrative expenditures and/or increasing instructional expenditures. One person commented in favor of the proposed new rule. The individual also expressed two concerns related to administrative costs. First, the cost information in the Academic Excellence Indicator System (AEIS) report should be coordinated with the information regarding administrative cost standards. Second, district residents need information on the allocation of district resources to administration in terms of staffing levels (for example, salaried and contracted administrative staff full-time employees (FTE) per student and teaching FTEs per administrative FTE). The new section is adopted under the Texas Education Code, sec.16.205, which authorizes the commissioner of education to adopt standards that limit school districts' administrative costs. 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 March 28, 1994. TRD-9438311 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: April 20, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 463-9701 Chapter 161. Advisory Committees Subchapter AA. Commissioner's Rules 19 TAC TAC sec.sec.161.1001-161.1003 The Texas Education Agency (TEA) adopts new sec.sec.161.1001-161.1003, concerning advisory committees. Section 161.1003 is adopted with changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 755). Section 161.1001 and sec.161.1002 are adopted without changes and will not be republished. The rules are necessary to streamline management of public education advisory committees and disclose all information about advisory committees. The rules specify the procedures for establishing advisory committees and list all committees currently in effect. The changes to sec.161.1003 amend the list of public education advisory committees currently in effect by deleting obsolete committees, adding new committees, and changing the names of two committees. The Texas Collaborative Transition Grant Advisory Committee is changed to the Texas Collaborative Transition Project Steering Committee. The Academic Excellence Indicator System (AEIS): Parent Report Card Advisory Committee is changed to the Academic Excellence Indicator System (AEIS): Parent/Family Report Card Advisory Committee. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Education Code, sec.11.954 and sec.11.957, which authorizes the commissioner of education to adopt rules concerning the purpose, task, reporting procedures, and abolishment of advisory committees. sec.161.1003. Advisory Committees. The following public education advisory committees are in effect: (1) Texas Commission on Braille Textbook Production; (2) Committee of Practitioners for Career and Technology Education; (3) State Committee of Practitioners-Chapter 1 Handicapped Program; (4) Committee of Practitioners-Chapter 1; (5) Chapter 2 Advisory Committee; (6) Texas Collaborative Transition Project Steering Committee; (7) Comprehensive System of Personnel Development Leadership Council; (8) Task Force on the Education of Students with Disabilities; (9) Texas Environmental Education Advisory Committee; (10) Commissioner's Advisory Council on the Education of Gifted Students; (11) Advisory Task Force on the Education of Homeless Children and Youth; (12) Policy Committee on Public Education Information; (13) State Parent Advisory Council for Migrant Education; (14) Minority Recruitment Advisory Committee; (15) Academic Excellence Indicator System (AEIS): Parent Report Card Advisory Committee; (16) Investment Advisory Committee on the Permanent School Fund; (17) Texas Education Program Manual Task Force; (18) Roundtable on School Safety and Violence Prevention; (19) Statewide Site-Based Decision Making Advisory Committee; (20) Special Education Effectiveness Studies Project Advisory Committee; (21) Continuing Advisory Committee for Special Education; (22) Advisory Committee on Student Assessment; (23) Committee on Student Learning; (24) Texas Successful Schools Award System Advisory Committee; (25) Committee on Teacher Appraisal/Assessment; (26) Commission on Standards for the Teaching Profession; (27) Educational Technology Advisory Committee; and (28) State Textbook Committees for Proclamation 1992. 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 March 28, 1994. TRD-9438312 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: April 20, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XXII. Texas State Board of Public Accountancy Chapter 501. Professional Conduct Professional Practices 22 TAC sec.501.11 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 11, concerning Independence, without changes to the proposed text as published in the February 8, 1994, issue of the Texas Register (19 TexReg 869). The amendment allows the Board to correct an omission from the definition. The amendment will function by making it clearer that a CPA's parents could affect his independence. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purpose of the law. 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 March 17, 1994. TRD-9438222 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: April 18, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 505-5566 Other Responsibilities and Practices 22 TAC sec.501.44 The Texas State Board of Public Accountancy adopts the repeal of sec.501. 44, concerning soliciting, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 762). The amendment removes a rule superseded by federal law. The amendment will function by complying with Edenfield et al v. Fane, 113 Supreme Court 1792 (1993). No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purpose of the law, and sec.21, which lists those actions or omissions for which the Board may take disciplinary action against its licensees. 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 March 17, 1994. TRD-9438223 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: April 18, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 505-5566 Chapter 513. Registration Registration of CPAs of Other States and Persons holding Similar Titles in Foreign Countries 22 TAC sec.513.34 The Texas State Board of Public Accountancy adopts an amendment to sec.513. 34 concerning Limited Liability Company, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 762). The amendment allows licensees to choose another form of entity for their practice. The amendment will function by allowing licensees to use a Professional Limited Liability Company for their practices. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the Authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.20 which allows CPAs to engage in public accountancy in corporate entities. 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 March 17, 1994. TRD-9438224 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: April 18, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 505-5566 TITLE 22. EXAMINING BOARDS Part XXXV. Texas State Board of Examiners of Marriage and Family Therapists Chapter 801. Licensure and Regulation of Marriage and Family Therapists The Texas State Board of Examiners of Marriage and Family Therapists (board) adopts new sec.sec.801.1, 801.2, 801.11-801.20, 801.41-801.54, 801.71-801. 73, 801.91-801.93, 801.111-801.114, 801.141-801.144, 801.171-801.174, 801. 201- 801.204, 801.231-801.237, 801.261-801.268, 801.291-801.298, 801.331, 801. 332, 801.351, and 801.361-801.369. Sections 801.2, 801.113, 801.142, 801.143, 801.237, 801.291, 801.295, 801.332, 801.351, 801.362-801.365, and 801.367-801. 369 are adopted with changes to the proposed text as published in the December 17, 1993, issue of the Texas Register (18 TexReg 9672). Sections 801.1, 801.11- 801.20, 801.41-801.54, 801.71-801.73, 801.91-801.93, 801.111, 801.112, 801.114, 801.141, 801.144, 801.171-801.174, 801.201-801.204, 801.231-801.236, 801.261- 801.268, 801.292-801.294, 801.296-801.298, 801.331, 801.361, and 801. 366 are adopted without change and will not be published. The licensing of marriage and family therapists provided for in these rules will safeguard public health, safety, and welfare by providing a means by which the public can identify licensed marriage and family therapists that meet minimum standards of competence. The regulation of licensed marriage and family therapists will create a means to better serve the public. The following comments were received during the comment period concerning the proposed sections. Comments were received in writing, as well as at two public hearings. During the comment period the board made minor editorial changes for clarification purposes or due to publication errors. COMMENT: Concerning sec.801.2, the definition of "Administrative Law Judge (ALJ)" was added and the definition of "hearing examiner" has been removed in accordance with Texas Civil Statutes, Article 4512c-1. In addition, the term "hearing examiner" has been replaced throughout the rules (sec.sec.801.2, 801. 363-801.365, 801.367-801.369) by the term "Administrative Law Judge (ALJ)" for clarification purposes. RESPONSE: The board made the changes throughout the sections. COMMENT: Concerning sec.801.15, a commenter suggested that the term "sexual orientation" be added to sections concerning impartiality or discrimination. RESPONSE: The board disagreed as there is no state or federal law that discusses sexual orientation in regards to impartiality or discrimination. COMMENT: Concerning sec.801.113, proposed subsections (c) and (d) were deleted and moved to new sec.801.142(a) and (b) under experience requirements, as these requirements do pertain to experience for clarification purposes as suggested by the board. RESPONSE: The board clarified the language. COMMENT: Concerning sec.801.142(c)(2), several commenters wanted clarification of the word "primarily". The commenters wanted to know if the word "primarily" would allow for some percentage of the direct, face-to-face therapeutic services to be documented through other means such as over the telephone in a telephone therapy setting. RESPONSE: The board clarified this section by deleting the word "primarily", thereby stating that 100% of the direct clinical service must be direct, face- to-face, therapeutic services. COMMENT: Concerning sec.801.263, a commenter wanted clarification on how many hours of continuing education would be required. RESPONSE: The board's response is that 20 hours of continuing education will be required annually as stated in the section. COMMENT: Concerning sec.801.264, a commenter wanted clarification on the types of acceptable continuing education. RESPONSE: The board's response is that providers from the various mental health disciplines are eligible to apply as a provider of continuing education. COMMENT: Concerning sec.801.268, a commenter wanted clarification on how continuing education will be submitted. RESPONSE: The board's response is that by stating that the requirements are set out in the section. An applicant would submit documentation of 20 hours of continuing education annually on one form prescribed by the board. The board will audit a random sample of the submittals each year. None of the commenters were totally for or against the sections, but they had recommendations and suggestions regarding changes. Comments were received from Hardin-Simmons University, Hendrick Medical Center, Resources for Living, Licensed Marriage and Family Therapists and Marriage and Family Therapy Interns. Subchapter A. Introduction 22 TAC sec.801.1, 801.2 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1 , sec.13(c), which provide the Texas State Board of examiners of Marriage and Family Therapists the authority to adopt rules to determine the qualifications and fitness of applicants for licensure. The sections will affect Vernon's Texas Civil Statutes, 4512c-1, sec.13(c). sec.801.1. Purpose. The purpose of this chapter is to implement the provisions in the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, concerning the licensure and regulation of marriage and family therapists. sec.801.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context indicates otherwise. Act-The Licensed Marriage and Family Therapist Act relating to the licensing and regulation of marriage and family therapists, Texas Civil Statutes, Article 4512c-1. Administrative Law Judge (ALJ)-A person within the State Office of Administrative Hearings who conducts hearings under this subchapter on behalf of the board. APA-The Administrative Procedure Act, the Texas Government Code, Chapter 2001. Board-The Texas State Board of Examiners of Marriage and Family Therapists. Completed application -The official marriage and family therapy application form, fees and all supporting documentation which meets the criteria set out in sec.801.73 of this title (relating to Required Application Materials). Contested case -A proceeding in accordance with the APA and this chapter, including, but not limited to, rule enforcement and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for an adjudicative hearing. Department-The Texas Department of Health. Family systems -An open, on going, goal-seeking, self-regulating, social system which shares features of all such systems. Certain features such as its unique structuring of gender, race, nationality and generation set it apart from other social systems. Each individual family system is shaped by its own particular structural features (size, complexity, composition, life stage), the psychobiological characteristics of its individual members (age, race, nationality, gender, fertility, health and temperament) and its sociocultural and historic position in its larger environment. Formal hearing -A hearing or proceeding in accordance with this chapter, including a contested case as defined in this section to address the issues of a contested case. Group supervision -Supervision that involves a minimum of three and no more than six marriage and family therapy supervisors in a clinical setting during the supervision hour. A supervision hour is 60 minutes. Hearing examiner -An attorney duly designated chairperson of the board or the commissioner of health who conducts hearings under this chapter on behalf of the board. Individual supervision -Supervision of no more than two marriage and family therapy supervisees in a clinical setting during the supervision hour. A supervision hour is 60 minutes. Intern-See definition of marriage and family therapist intern. Investigator-A professional complaint investigator employed by the Texas Department of Health. License-A marriage and family therapist license, a temporary marriage and family therapist license, or a provisional marriage and therapist license. Licensed Marriage and Family Therapist-An individual who offers to provide marriage and family therapy for compensation. Licensee-Any person licensed by the Texas State Board of Examiners of Marriage and Family Therapists. Marriage and Family Therapist Intern-A person who holds a temporary license issued by the Texas State Board of Examiners of Marriage and Family Therapists to practice marriage and family therapy under the supervision of a board- approved supervisor. Marriage and family therapy-The rendering of professional therapeutic services to individuals, families, or married couples, singly or in groups, and involves the professional application of family systems, theories, and techniques in the delivery of therapeutic services to those persons. The term includes the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction within the context of marriage or family systems. Month-A calendar month. Party-Each person, governmental agency, or officer or employee of a governmental agency named by the Administrative Law Judge (ALJ) as having a justiciable interest in the matter being considered, or any person, governmental agency, or officer or employee of a governmental agency meeting the requirements of a party as prescribed by applicable law. Person-An individual, corporation, partnership, or other legal entity. Pleading-Any written allegation filed by a party concerning its claim or position. Regionally accredited institutions-An institution accredited by one of the following accreditation associations will be accepted for licensing purposes: Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Northwest Association of School and Colleges, Southern Association of Colleges and Schools, and Western Association of Schools and Colleges. Recognized religious practitioner-A rabbi, clergyman, or person of similar status who is a member in good standing of and accountable to a legally recognized denomination or legally recognizable religious denomination or legally recognizable religious organization and other individuals participating with them in pastoral counseling if: (A) the therapy activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices of sponsorship of an established and legally cognizable church, denomination or sect, or an integrated auxiliary of a church as defined in Federal Tax Regulations, 26 Code of Federal Regulations, sec.1.6033-2, (g)(5)(i), (1982); (B) the individual providing the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary; and (C) the person does not use the title of or hold himself or herself out as a licensed marriage and family therapist. Rules-The rules in this chapter covering the designated policies and procedures of operation for the board and for individuals affected by the Act. Supervision-The guidance or management of an individual or group in a clinical setting. Supervisor-A person approved by the board as meeting the requirements set out in sec.801.143 of this title (relating to Supervisor Requirements), to supervise a licensed marriage and family therapist and/or marriage and family therapist intern. Texas Open Meetings Act-Government Code, Chapter 551. Texas Open Records Act-Government Code, Chapter 552. Therapist-For purposes of this chapter, a Texas licensed marriage and family therapist. Waiver-The suspension of educational, professional, and/or examination requirements for applicants who meet the criteria for licensure under special conditions. Year-A calendar year. 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 March 30, 1994. TRD-9438341 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter B. The Board 22 TAC sec.sec.801.11-801.20 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438340 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter C. Rendering Professional Therapeutic Services and Code of Ethics 22 TAC sec.sec.801.41-801.54 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438339 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter D. Application Procedures 22 TAC sec.sec.801.71-801.73 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438338 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter E. Criteria for Determining Fitness of Applicants for Examination and Licensure 22 TAC sec.sec.801.91-801.93 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438337 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter F. Academic Requirements for Examination and Licensure 22 TAC sec.sec.801.111-801.114 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.113. Academic Requirements. (a) Persons applying for examinations and licensure must have: (1) a master's or doctoral degree in marriage and family therapy or in a related mental health field with coursework and training equivalent to a graduate degree in marriage and family thereapy; and (2) a planned graduate program in marriage and family therapy or its substantial equivalent of at least 45 semester hours which an applicant completed at an accredited school. The 45 semester hours may be coursework taken in the required graduate degree program. (b) A graduate degree under subsection (a)(1) of this section or the substantial equivalent of a planned graduate program of at least 45 semester hours which was designed to train a person to provide direct services to assist individuals, families or couples in a therapeutic relationship in the resolution of cognitive, affective, behavioral or relational dysfunctions within the context of marriage or family systems. 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 March 30, 1994. TRD-9438336 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter G. Experience Requirements for Examination and Licensure 22 TAC sec.sec.801.141-801.144 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.142. Experience Requirements. (a) After receipt of a degree meeting the requirements of subsection (a)(1) of this section, the applicant must have completed two years of work experience in marriage and family therapist services that: (1) include at least 1,000 hours of direct clinical services to individuals, couples, or families, of which at least 500 hours must be direct clinical services to couples or families; and (2) are supervised in a manner acceptable to the Texas State Board of Examiners of Marriage and Family Therapists (board), including at least 200 hours of supervision of the provision of direct clinical services by the applicant, of which at least 100 hours must be supervised on an individual basis. (b) No direct clinical services course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward the 1,000 clock-hour requirement. (c) Experience shall be acceptable to the board if: (1) it was begun and completed after the completion of a graduate degree in marriage and family therapy or its substantial equivalent degree; (2) it consisted of the provision of direct, face-to-face therapeutic services in the practice of marriage and family therapy to assist individuals, couples, and families; and (3) the experience was under the direct supervision of a supervisor meeting the requirements of sec.801.143 of this title (relating to Supervisor Requirements). sec.801.143. Supervisor Requirements. (a) A supervisor acceptable to the Texas State Board of Examiners of Marriage and Family Therapists (board) must be licensed by the board for at least 24 months or have been eligible for licensure by the board for at least 24 months. (b) A supervisor must be approved by the board by submitting a notarized board form as well as other documentation of credentials. Supervised experience will not be approved until all required documentation has been received. (c) A supervisor approved by the board must meet and document the following educational, experiential, and supervision requirements: (1) education required: (A) a graduate degree in marriage and family therapy, or a graduate degree in a mental health field, such as counseling and guidance, psychology, psychiatry, and clinical social work, from a regionally accredited educational institution, as defined in sec.801.2 of this title (relating to Definitions); and (B) a one-semester graduate course in marriage and family therapy supervision (45 contact hours); or (C) an equivalent course of study consisting of marriage and family therapy supervision workshops in combination with direct study of the literature. Fifteen of the 45 contact hours must have been in a class or workshop format which included a minimum of four persons training to become supervisors of marriage and family therapy. Direct study must have been approved and monitored by a licensed marriage and family therapy supervisor. (2) post-master's degree experience required: (A) at least 3,000 hours of client contact in the practice of marriage and family therapy over a minimum of three years; and (B) provision of a minimum of 180 hours of marriage and family therapy supervision over at least two years. 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 March 30, 1994. TRD-9438335 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter H. Licensure Examinations 22 TAC sec.sec.801.171-801.174 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438334 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter I. Issuance of License 22 TAC sec.sec.801.201-801.204 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438333 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter J. Licensure Renewal and Inactive Status 22 TAC sec.sec.801.231-801.237 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.237. Surrender of License. (a) Surrender by licensee. A licensee may at any time voluntarily offer to surrender his or her license for any reason, without compulsion. (b) Acceptance by the Texas State Board of Examiners of Marriage and Family Therapists (board). (1) The board shall decide whether to formally accept the voluntary surrender of a license. (2) Surrender of a license without the acceptance of the board or a licensee's failure to renew the license shall not deprive the board of jurisdiction against the licensee under the Licensed Marriage and Family Therapist Act (Act) or any other statute. (c) Formal disciplinary action. When a licensee has offered the surrender of his or her license after a complaint has been filed alleging violations of the Act or this chapter and the board has accepted such a surrender, that surrender is deemed to be the result of a formal disciplinary action. (d) Reinstatement. A license which has been surrendered and accepted may not be reinstated; however, a person may apply for a new license in accordance with the Act and this chapter. 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 March 30, 1994. TRD-9438332 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter K. Continuing Education Requirements 22 TAC sec.sec.801.261-801.268 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438331 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter L. Complaints and Violations 22 TAC sec.sec.801.291-801.298 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.291. Purpose. The purpose of this subchapter is to set forth the valid causes for the denial, revocation, probation or suspension of licensure, or reprimand of a licensee and the procedures for filing complaints and allegations of statutory or rule violations. (1) Prior to denying, revoking, suspending, probating or suspending probation of a license, or reprimanding a licensee, the subcommittee shall give the applicant or licensee the opportunity for an informal disposition or a formal hearing or both an informal disposition and a formal hearing in accordance with the provisions of this subchapter, Subchapter N of this chapter (relating to Informal Dispositions), and Subchapter O of this chapter (relating to Formal Hearings). (2) The following shall be grounds for revocation, suspension, probation or suspension of probation of a license, or reprimand of a licensee if a person has: (A) been convicted of a felony or a misdemeanor involving moral turpitude; (B) obtained or attempted to obtain a license by fraud or deception; (C) used drugs or alcohol to an extent that affects professional competence; (D) been grossly negligent in performing professional duties; (E) been adjudicated mentally incompetent by a court of competent jurisdiction; (F) practiced in a manner detrimental to the public health or welfare; (G) advertised in a manner that tends to deceive or defraud the public; (H) had a license or certification revoked by a licensing agency or by a certifying professional organization; (I) otherwise violated the Licensed Marriage and Family Therapist Act (Act) or board rules; or (J) committed an act in violation of Penal Code, sec.2114, or for which liability exists under Civil Practice and Remedies Code, Chapter 81. sec.801.295. Power to Sue. The Texas State Board of Examiners of Marriage and Family Therapists (board) may institute a suit in its own name and avail itself of any other action, proceeding, or remedy authorized by law to enjoin the violation of the Licensed Marriage and Family Therapist Act (Act) . 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 March 30, 1994. TRD-9438330 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter M. Licensing of Persons with Criminal Backgrounds 22 TAC sec.801.331, sec.801.332 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.332. Criminal Conviction. The Texas State Board of Examiners of Marriage and Family Therapists (board) shall consider the felony or misdemeanor conviction of a therapist as grounds for the suspension or revocation of the therapist's license and shall review the conviction. (1) The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a therapist or if the crime involves moral turpitude. (2) In considering whether a criminal conviction directly relates to the occupation of a therapist, the board shall consider: (A) the nature and seriousness of the crime; (B) the relationship of the crime to the purposes for requiring a licensee to be a therapist. The following felonies and misdemeanors relate to the license of a therapist because these criminal offenses indicate an inability or a tendency to be unable to perform as a therapist: (i) the misdemeanor of knowingly or intentionally acting as a therapist without a license; (ii) a misdemeanor and/or a felony offense under various chapters of the Texas Penal Code: (I) concerning Title 5, which relates to offenses against the person; (II) concerning Title 7, which relates to offenses against property; (III) concerning Title 9, which relates to offenses against public order and decency; (IV) concerning Title 10, which relates to offenses against public health, safety, and morals; and (V) concerning Title 4, which relates to offenses of attempting or conspiring to commit any of the offenses in subclauses (I)-(IV) of this clause. (iii) The misdemeanors and felonies listed in subclauses (I)-(II) of this subparagraph are not inclusive in that the board may consider other particular crimes in special cases in order to promote the intent of the Licensed Marriage and Family Therapist Act (Act) and this chapter. (C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a therapist. In making this determination, the board will apply the criteria outlined in Texas Civil Statutes, Article 6252-13c, sec.4(c)(1)-(7). 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 March 30, 1994. TRD-9438329 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter N. Informal Disposition 22 TAC sec.801.351 The new section is adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.351. Informal Disposition. (a) Informal disposition of any complaint or contested case involving a licensee or an applicant for licensure may be made through an informal settlement conference held to determine whether an agreed settlement order may be approved. (b) If the executive director or the complaints committee of the Texas State Board of Examiners of Marriage and Family Therapists (board) determines that the public interest might be served by attempting to resolve a complaint or contested case with an agreed order in lieu of a formal hearing, the provisions of this subchapter shall apply. A licensee or applicant may request an informal settlement conference; however, the decision to hold a conference shall be made by the executive director or the complaints committee. (c) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing. (d) The executive director shall decide upon the time, date and place of the settlement conference, and provide written notice to the licensee or applicant of the same. Notice shall be provided no less than ten days prior to the date of the conference by certified mail, return receipt requested, to the last known address of the licensee or applicant or by personal delivery. The ten days shall begin on the date of mailing or delivery. The licensee or applicant may waive the 10-day notice requirement. (e) A copy of the board's rules concerning informal disposition shall be enclosed with the notice of the settlement conference. The notice shall inform the licensee or applicant of the nature of the alleged violation of the following: (1) that the licensee may be represented by legal counsel; (2) that the licensee or applicant may offer the testimony of witnesses and present other evidence as may be appropriate; (3) that committee members may be present; (4) that the board's legal counsel or a representative of the Office of the Attorney General will be present; (5) that the licensee's or applicant's attendance and participation is voluntary; (6) that the complainant and any client involved in the alleged violations may be present; and (7) that the settlement conference shall be cancelled if the licensee or applicant notifies the executive director that he or she or his or her legal counsel will not attend. (f) The notice of the settlement conference shall be sent by certified mail, return receipt requested, to the complainant at his or her last known address or personally delivered to the complainant. The complainant shall be informed that he or she may appear and testify or may submit a written statement for consideration at the settlement conference. The complainant shall be notified if the conference is cancelled. (g) Members of the complaints committee may be present at a settlement conference. (h) The settlement conference shall be informal and shall not follow the procedures established in this chapter for contested cases and formal hearings. (i) The licensee or applicant, the licensee's or applicant's attorney, the committee members, the board's legal counsel, the executive director, and the board may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate. (j) The board's legal counsel or an attorney from the Office of the Attorney General shall attend each settlement conference. The committee members or executive director may call upon the attorney at any time for assistance in the settlement conference. (k) The licensee shall be afforded the opportunity to make statements that are material and relevant. (l) Access to the board's investigative file may be prohibited or limited in accordance with the Open Records Act and the Administrative Procedure Act (APA). (m) At the discretion of the executive director or the committee members, a tape recording may be made of some or all of the settlement conference. (n) The committee members or the executive director shall exclude from the settlement conference all persons except witnesses during their testimony, the licensee or applicant, the licensee's or applicant's attorney, and board staff. (o) The complainant shall not be considered a party in the settlement conference but shall be given the opportunity to be heard if the complainant attends. Any written statement submitted by the complainant shall be reviewed at the conference. (p) At the conclusion of the settlement conference, the committee members or executive director may make recommendations for informal disposition of the complaint or contested case. The recommendations may include any disciplinary action authorized by the Licensed Marriage and Family Therapist Act (Act). The committee member may also conclude that the board lacks jurisdiction, conclude that a violation of the Act or this chapter has not been established, order that the investigation be closed, or refer the matter for further investigation. (q) The licensee or applicant may either accept or reject the settlement recommendations at the conference. If the recommendations are accepted, an agreed settlement order shall be prepared by the board office or the board's legal counsel and forwarded to the licensee or applicant. The order shall contain agreed findings of fact and conclusions of law. The licensee or applicant shall execute the order and return the signed order to the board office within ten days of his or her receipt of the order. If the licensee or applicant fails to return the signed order within the stated time period, the inaction shall constitute rejection of the settlement recommendations. (r) If the licensee or applicant rejects the proposed settlement, the matter shall be referred to the executive director for appropriate action. (s) If the licensee or applicant signs and accepts the recommendations, the agreed order shall be submitted to the entire board for its approval. Placement of the agreed order on the board agenda shall constitute only a recommendation for approval by the board. (t) The identity of the licensee or applicant shall not be made available to the board until after the board has reviewed and accepted the agreed order unless the licensee or applicant chooses to attend the board meeting. The licensee or applicant shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary. (u) Upon an affirmative majority vote, the board shall enter an agreed order approving the accepted settlement recommendations. The board may not change the terms of a proposed order but may only approve or disapprove an agreed order unless the licensee or applicant is present at the board meeting and agrees to other terms proposed by the board. (v) If the board does not approve a proposed agreed order, the licensee or applicant and the complainant shall be so informed. The matter shall be referred to the executive director for other appropriate action. (w) A proposed agreed order is not effective until the full board has approved the agreed order. The order shall then be effective in accordance with the APA. (x) A licensee's opportunity for an informal conference under this subchapter shall satisfy the requirement of the APA, sec.2001.054(c). (1) If the executive director or complaints committee determines that an informal conference shall not be held, the executive director shall give written notice to the licensee or applicant of the facts or conduct alleged to warrant the intended disciplinary action and the licensee or applicant shall be given the opportunity to show, in writing and as described in the notice, compliance with all requirement of the Act and this chapter. (2) The complainant shall be sent a copy of the written notice. The complainant shall be informed that he or she may also submit a written statement to the board office. 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 March 30, 1994. TRD-9438328 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 Subchapter O. Formal Hearings 22 TAC sec.sec.801.361-801.369 The new sections are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. sec.801.362. General. (a) The Texas State Board of Examiners of Marriage and Family Therapists (board) on its own motion or on request from a licensee or applicant may initiate a formal hearing. A formal hearing and all related proceedings shall be conducted in accordance with the provision of the Administrative Procedure Act (APA), applicable state statutes, and this chapter. (b) A formal hearing or contested case proceeding unless otherwise determined by board shall be held in Travis County, Texas. sec.801.363. Notice. (a) The Administrative Law Judge (ALJ) shall give notice of the formal hearing according to the notice requirements of the Administrative Procedure Act (APA). (b) If a party fails to appear or be represented at a hearing or proceeding after receiving notice, the ALJ may proceed with the hearing or proceeding or take whatever action is fair and appropriate under the circumstances. sec.801.364. Parties to the Hearing. (a) All parties must have a justiciable interest in the proceedings to be designated as parties. All appearances are subject to a motion to strike upon a showing that the party has no justiciable interest in the proceeding. (b) A party has the privilege to participate fully in any prehearing and formal hearing, to appeal as provided by law, and to perform any and all duties and privileges provided by the Administrative Procedure Act (APA) and other applicable laws. (c) Any person not wishing to be designated as a party but desiring only to appear for the purpose of showing support or opposition or to make general relevant statements showing support or opposition may appear at the hearing and make or file statements. (d) The Administrative Law Judge (ALJ) shall designate parties at any time prior to final closing of the hearing. No person shall be admitted as a party later except upon a finding by the ALJ of good cause and extenuating circumstances and that the hearing will not be unreasonably delayed. (e) In their pleadings, parties may classify themselves as applicants, petitioners, respondents, protesters, complainants, etc., but regardless of such classification, the ALJ has the authority to determine and designate their true status whenever necessary. (f) A party may appear personally and/or be represented by counsel or other authorized representative. (g) The ALJ may require parties of each class of affected persons to select one person to represent them in the proceedings. sec.801.365. Subpoenas. (a) On the Administrative Law Judge's (ALJ) own motion or on the written request of any party to the hearing, the ALJ shall issue a subpoena to the appropriate sheriff or constable to require the attendance of witnesses or the production of documents. (b) There must be a showing of good cause for the subpoena, i.e., the witnesses or documents must have information that is relevant and material to the hearing. The subpoena should not result in undue harassment, imposition, inconvenience, or unreasonable expense to a party. (c) A party or witness may seek to nullify the subpoena or move for a protective order as provided in the Texas Rules of Civil Procedure. (d) Witnesses may be subpoenaed. (e) Documents include books, papers, accounts, and similar materials or objects. (f) The payment of subpoena costs or fees and the failure to comply with a subpoena shall be governed by the Administrative Procedure Act (APA), sec.14. sec.801.366. Depositions. The taking and use of depositions in any contested case proceeding shall be governed by the Administrative Procedure Act (APA), sec.14. sec.801.367. Pre-hearing Conferences. (a) In a contested case, the Administrative Law Judge (ALJ), on his or her own motion or the motion of a party, may direct the parties, their attorneys, or representatives to appear at a specified time and place for a conference prior to the hearing for the purpose of: (1) the formulation and simplification of issues; (2) the necessity or desirability of amending the pleading; (3) the possibility of making admissions or stipulations; (4) the procedure at the hearing; (5) specifying the number of witnesses; (6) the mutual exchange of prepared testimony and exhibits; (7) designation of parties; and (8) other matters which may expedite the hearing. (b) The Administrative Law Judge (ALJ) shall conduct the pre-hearing conference in such a manner and with the necessary authority to expedite the conference while reaching a fair, just, and equitable determination of any matters or issues being considered. (c) The ALJ shall have the minutes of the conference recorded in an appropriate manner and shall issue whatever orders are necessary covering the said matters or issues. (d) Any action taken at the pre-hearing conference shall be reduced to writing, signed by the parties, and made a part of the record. sec.801.368. Hearing Procedures. (a) The Administrative Law Judge's (ALJ) duties. The Administrative Law Judge (ALJ) shall preside over and conduct the hearing. On the day and time designated for the hearing, the ALJ shall: (1) convene and call the hearing to order; (2) state the purpose of and the legal authority for the hearing; (3) announce that a record of the hearing will be made; (4) outline the procedure and order of presentation that will be followed; (5) administer oaths to those who intend to testify; and (6) take any and all other actions as authorized by applicable law and this subchapter to provide for a fair, just, and proper hearing. (b) Order of presentation. (1) After making the necessary introductory and explanatory remarks on the purpose of and other matters related to the hearing, the ALJ will begin receiving testimony and evidence from the witnesses. (2) Each party may present evidence and testimony and cross-examine or ask clarifying questions of any witness who presents evidence or testimony. (3) In the request for relief or action of any kind, the party seeking such relief or action has the burden of proving entitlement to the same; provided, however, that the order of the proceeding may be altered or modified by the ALJ either upon agreement of the parties or upon his or her own motion when such action will expedite the hearing without prejudice to any party. (4) When the party first proceeding finishes his or her case, the remaining party or parties will be allowed to present evidence and testimony in the same manner. Each witness is subject to cross-examination and clarifying questions by other participants to the proceedings. (5) The ALJ may limit the number of witnesses whose testimony will be repetitious, and the ALJ may also establish time limits for testimony so long as all viewpoints are given a reasonable opportunity to be expressed. (6) When the parties have concluded their testimony and evidence, the ALJ will ask the audience if any interested person desires to make a statement. If so, the interested person will be allowed to make his or her statement subject to cross-examination and clarifying questions by any party. (7) After interested persons make statements or if there are no such statements, the ALJ, at his or her discretion, may allow final arguments or take the case under advisement, and shall note the time and close the hearing. For sufficient cause, the ALJ may hold the record open for a stated number of days for the purpose of receiving additional evidence into the record. (c) Consolidation. The ALJ, upon his or her own motion or upon motion by any party, may consolidate for hearing two or more proceedings which involve substantially the same parties or issues. Proceedings before the agency shall not be consolidated without consent of all parties to such proceedings unless the ALJ finds that such consolidation will be conducive to a fair, just and proper hearing and will not result in unwarranted expense or undue delay. (d) The hearing record. The hearing record will include: (1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings of them; (5) proposed findings and exceptions; (6) any decision, opinion, or report by the Administrative Law Judge (ALJ); and (7) all staff memoranda or data submitted to or considered by the Administrative Law Judge (ALJ) or members of the agency who are involved in making the decision. (e) Recording the hearing. The ALJ will keep either a stenographic or audio record of the hearing proceeding. In the event an independently contracted court reporter is utilized in the making of the record of the proceedings, the Texas State Board of Examiners of Marriage and Family Therapists (board) shall bear the cost of the per diem or other appearance fee for such a reporter. Any party desiring a written transcript of the proceedings shall contract directly with such court reporter and be responsible for payment of same pursuant to the authority of the Administrative Procedure Act (APA), sec.13(g). In those cases when a tape recording of the formal hearing is made, the board shall make such recording available to any party requesting permission to hear or, with appropriate protective measures, allow such recording to be duplicated. Upon appeal of any final order of the board necessitating the forwarding of the record to a court of law, the board may assess the cost of the transcript to the appealing party. (f) Rules of evidence. The ALJ, at a hearing, a reopened hearing, or a rehearing will apply the rules of evidence under the APA, sec.14(a), and the following rules. (1) Consolidation. The ALJ may consolidate the testimony of parties or persons if the evidence can be effectively consolidated into one document or the testimony of one witness. The standard by which the ALJ should judge this consolidation is whether each party or person can offer unique or new evidence that has not been previously introduced. Any party, under oath, may make an offer of proof of the testimony or evidence excluded through consolidation by dictating into the record or submitting in writing the substance of the proposed testimony prior to the conclusion of the hearing. (2) Documentary evidence. Documentary evidence should be presented in its original form but if the original is not readily available, documentary evidence may be received in the form of copies or excerpts. On request, parties shall be given an opportunity to compare the copy with the original. When numerous documents are offered, the ALJ may limit those admitted to a number which is typical and representative, and may, at his or her discretion, require the abstracting of the relevant data from the documents and presentation of the abstracts in the form of exhibits; provided, however, that before making such requirement, the ALJ shall require that all parties of record or their representatives be given the right to examine the documents from which such abstracts were made. Any party may make an offer of proof of the documents which are excluded by a ALJ's decision to remove only typical or representative documents. (3) Exhibits. (A) Form. Exhibits of documentary character shall be limited to facts material and relevant to the issues involved in a particular proceeding, and the parties shall make a reasonable effort to introduce exhibits which will not unduly encumber the files and records of the board. (B) Tender and service. The original of each exhibit offered shall be tendered to the ALJ or a designee for identification and shall be offered to the parties for their inspection prior to offering or receiving the same into evidence. (C) Excluded exhibits. In the event an exhibit has been identified, objected to, and excluded, it shall be given an exhibit number for purposes of identification and shall be included in the record under seal. (D) After hearing. Unless specifically directed by the Administrative Law Judge (ALJ), no exhibit will be permitted to be filed in any proceeding after the conclusion of the hearing except in a reopened hearing or a rehearing. (4) Admissibility of prepared testimony and exhibits. When a proceeding will be expedited and the interests of the parties will not be prejudiced substantially, evidence may be received in written form. The prepared testimony of a witness upon direct examination, either in narrative or question- and- answer form, may be incorporated in the record as if read or received as an exhibit, upon the witness being sworn and identifying the same as a true and accurate record of what his or her testimony would be if he or she were to testify orally. The witness shall be subject to clarifying questions and to cross-examination and his or her prepared testimony shall be subject to a motion to strike either in whole or in part. (5) Offer of proof. When testimony is excluded by the ALJ, the party offering such evidence shall be permitted to make an offer of proof by dictating into the record or submitting in writing the substance of the proposed testimony prior to the conclusion of the hearing, and such offer of proof shall be sufficient to preserve the point for review by the board. The ALJ may ask such questions of the witness as he or she deems necessary to satisfy himself or herself that the witness would testify as represented in the offer of proof. An alleged error in sustaining any objections to questions asked on cross-examination may be preserved without making an offer of proof. (6) Official notice. Official notice by the Administrative Law Judge (ALJ) of the board shall be in accordance with the APA, sec.14(q). Official notice may be taken of any statute, ordinance, or duly promulgated and adopted rules or regulations of any governmental agency. The examiner shall indicate during the course of a hearing that information of which he or she will take official notice. When an examiner's findings are based upon official notice of a material fact not appearing in the evidence of record, the examiner shall set forth in his or her proposal for decision those items with sufficient particularity so as to advise the parties of the matters which have been officially noticed. The parties shall have the opportunity to show to the contrary through the filing of exceptions to the ALJ's proposal for decision. sec.801.369. Action After the Hearing. (a) Reopening of hearing for new evidence. (1) The Texas State Board of Examiners of Marriage and Family Therapists (board) may reopen a hearing where new evidence is offered which was unobtainable or unavailable at the time of the hearing. (2) The board will reopen a hearing to include such new evidence as part of the record if the board deems such evidence necessary for a proper and fair determination of the case. The reopened hearing will be limited to only such new evidence. (3) Notice and procedural requirements will be the same as for the original hearing. (b) Proposal for decision. (1) If a proposal for decision is necessary under the Administrative Procedure Act (APA), sec.15, the Administrative Law Judge (ALJ) shall prepare the proposal and provide copies of the same to all parties. (2) Each party having the right and desire to file exceptions and briefs shall file them with the ALJ within the time designated by the ALJ. (3) Parties desiring to do so shall file written replies to these exceptions and briefs as soon as possible after receiving same and within the time designated by the ALJ. (4) All exceptions and replies to them shall be succinctly stated. (c) Pleadings after close. At any time after the record has been closed in a contested case, and prior to the administrative decision becoming final in such case, all briefs, exceptions, written objections, motions (including motion for rehearing), replies to the foregoing, and all other written documents shall be filed with the ALJ. The party filing such instrument shall provide copies of the same to all other parties of record by first class United States mail or personal service and certify, in writing thereon, the names and addresses of the parties to whom copies have been furnished, as well as the date and manner of service. (d) Final orders or decisions. (1) The final order or decision will be rendered by the board. (2) All final orders or decisions shall be in writing and shall set forth the findings of fact and conclusions required by law, either in the body of the order or by reference to the ALJ's proposal for decision. (3) All final orders shall be signed by the executive director and the chairperson of the board; however, interim orders may be issued by the ALJ in accordance with his or her order of appointment. (4) A copy of all final orders and decisions shall be timely provided to all parties as required by law. (e) Motion for rehearing. A motion for rehearing shall be in accordance with the APA, sec.16, or other pertinent statute and shall be addressed to the executive director of the board and filed with the ALJ. (f) Appeals. All appeals from final board orders or decisions shall be in accordance with the APA, sec.19 and sec.20, or other pertinent statute and communications regarding any appeal shall be to the executive director of the board. 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 March 30, 1994. TRD-9438327 Bobby Schmidt Executive Director Texas State Board of Examiners of Marriage and Family Therapists Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 834-6657 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 125. Special Care Facilities 25 TAC sec.sec.125.1-125.8 The Texas Department of Health (department) adopts amendments to sec.sec.125.1-125.7, and new sec.125.8, concerning special care facilities. Sections 125.1-125.4 and 125. 6-125.8 are adopted with changes to the proposed text as published in the December 3, 1993, issue of the Texas Register (18 TexReg 8848). Section 125.5 is adopted without changes and will not be republished. The amendments clarify and update existing language and add new language to implement Acts of the 73rd Legislature, 1993, Chapter 504 (House Bill 944) and Chapter 800 (House Bill 1551). In implementing the new legislation, the new language adds definitions for AIDS, bereavement, bereavement services, hospice services, palliative care, residential AIDS hospice, residential AIDS hospice care, support services, and terminal illness (House Bill 1551); language relating to the residential AIDS hospice designation for a special care facility (House Bill 1551); and language which reflects the exemption from special care facility licensure of a child care institution, foster group home, foster family home, and child-placing agency, and children in foster care or other residential care who are under the conservatorship of the Texas Department of Protective and Regulatory Services (House Bill 944). HB 1551 prohibits a facility from using the word "hospice" in a title or description of a facility, organization, program, service provider, or services, or using any other words, letters, abbreviations, or insignia indicating or implying that the person holds a license under the Health and Safety Code, Chapter 142 (relating to Home and Community Support Services Act) to provide hospice services. The residential AIDS hospice designation will allow a special care facility to use the term "residential AIDS hospice" without receiving an additional license issued under the Health and Safety Code, Chapter 142. In clarifying existing language, the amendments add a definition of "social worker" and clarify the meaning of the term "special residential care facility" which appears in the definition of "special care facility" by adding a definition of "special residential care facility." In updating existing rule language, the amendments require a facility to adopt and enforce a policy for natural disaster preparedness. The new section adds language relating to time periods in which the department processes initial, renewal and change of ownership applications for special care facilities. The language relating to natural disaster preparedness and time frames for processing a license mirror language presently in other health care facility rules adopted by the department. Changes made to the proposed text result from comments received during the comment period. The details of the changes are described in the following summary of comments below. Other minor editorial changes were made for clarification purposes. Comment: Concerning the definition of "bereavement services" in sec.125.1, one commenter recommended that the family should include a significant other(s) . Response: The department agrees with the commenter and has added the suggested language to the definition. Comment: Concerning the definition of "hospice services" in sec.125.1, one commenter stated that certain wording in the definition was not relevant to the provision of hospice services to residents in a residential AIDS hospice. Response: The department agrees and has deleted the irrelevant language. Comment: Concerning the addition of a definition for "social worker" in sec.125.1, one commenter recommended the addition for clarification purposes. Response: The department agrees and has added the definition. Comment: Concerning the definition of "support services" in sec.125.1, one commenter suggested the definition should be modified to reference a residential AIDS hospice to avoid confusion with a hospice licensed under the Health and Safety Code, Chapter 142. Response: The department agrees with the commenter and has added the suggested language. Comment: Concerning sec.125.2, one commenter requested the exemptions contained in the Health and Safety Code, sec.248.003(a) be included in the rules. Response: The department agrees in part with the commenter and has added the reference to the statute in sec.125.2(i). The department has not repeated the language which appears in the statute to avoid redundancy and because repetition is not necessary. Comment: Concerning sec.125.2(a)(2)(B) and sec.125.4(e)(2), one commenter pointed out that the word "Code" was omitted when referring to the Tax Code in each paragraph. Response: The department agrees and has made the corrections. Comment: Concerning sec.125.2(a)(15)(A), one commenter stated one of the specific concerns that the legislation was designed to address was the need to ensure that designated residential AIDS hospices were in fact providing palliative care and requested that the required policy relates also to palliative care. Response: The department agrees with the commenter and has added the suggested language. Comment: Concerning sec.125.3(e), one commenter pointed out that the time frame of 20 days regarding submittal of an acceptable plan of correction to the department by a special care facility is not consistent with the time frame of ten days applicable to other facilities licensed by the department. Response: The department agrees and has changed the plan of correction submittal timeframe from 20 days to 10 days. Comment: Concerning sec.125.6(a)(1)(H), one commenter suggested clarifying that the administrative records are to be filed in the facility director's office. Response: The department agrees with the commenter and has added the word "facility" to the rule when referring to the director's office. Comment: Concerning sec.125.6(a)(2)(B), one commenter stated that the facility's policy should require the facility to evacuate, transport or triage the residents. Response: The department agrees with the commenter and has modified the language in the rules. Comment: Concerning sec.125.6(b)(11), one commenter pointed out that the department unintentionally deleted the numerical reference of sec.125.6(b)(10) to replace it with the new numerical reference of sec.125.6(b)(11). Response: The department agrees with the commenter and has corrected the citation to sec.125.6(b)(10) as it appears in the present rules. The text in the subsection (relating to facility location) is not affected. Comment: Concerning sec.125.6(f)(12)(B), one commenter stated that the description of hospice services is not the same as the definition "hospice services" in sec.125.1 and requested revision of the paragraph to more accurately relate to the term as defined. Response: The department agrees, has added the suggested language, and has modified the language in sec.125.6(f)(12)(B)(v) to delete the word "facility" and replace it with the words "interdisciplinary team." Comment: Concerning sec.125.6(f)(12)(B)(i), one commenter stated that the description of care and services to be provided by a facility needed clarification. Response: The department agrees with the commenter and has added the clarified language suggested by the commenter. Comment: Concerning sec.125.6(f)(12)(B)(ii)(I) and sec.125.6(f)(12)(B)(iv)(I), two commenters stated that the meaning of the terms "qualified individual" and "qualified person" should be more specific as to the meaning of these terms. Response: The department agrees and has added language suggested by one of the commenters. Comment: Concerning sec.125.6(f)(12)(B)(v)(II)(-c-), two commenters stated that the review of the plan of care "periodically as necessary" is not specific enough to ensure quality provision of hospice services. Response: The department agrees that a minimum review cycle should be required and has added the language one commenter recommended that the review take place "periodically as necessary, but not less than once a month." Comment: Concerning sec.125.6(f)(12)(B)(vi), two commenters stated that the physician conducting the clinical and medical review of the care and services provided to a resident should be a member of the interdisciplinary team. Response: The department agrees and has added mandatory language to the rule. The department has further clarified the physician's status with the facility may be as an employee, a volunteer or a contracted consultant. Comment: Concerning sec.125.7(e) in reference to the facility's receipt of the department's notice of the reasons for a proposed action to deny, suspend or revoke a license and opportunity for a hearing, a commenter recommended clarification concerning whether the number of days mentioned are calendar days or working days. Response: The department agrees with the commenter and has clarified the number of days as "calendar" days. The sentence now reads, "Receipt of the notice is presumed to occur on the tenth calendar day after the notice is mailed to the last address known to the department...." Comment: Concerning sec.125.7(j), two commenters stated that stronger language concerning the unauthorized and misleading use of the term "hospice" should be added. Response: The department agrees with the commenter and has added the language suggested by one of the commenters. Comment: Concerning sec.125.8(d), a commenter requested clarification regarding the submittal of a written report of facts relating to the processing of an application. Response: The department agrees with the commenter and has specified that the Health Facility Licensure and Certification Division (division) will submit the written report to the commissioner of health; and the commissioner, in making the final decision, will provide written notification of the decision to the applicant and the division. The comments on the proposed rules received by the department during the comment period were submitted by a board member of the Texas Hospice Organization, by Vitas Healthcare Corporation, and by department staff. The commenters were neither for nor against the rules in the entirety; however, they raised questions, offered comments for clarification purposes, and suggested clarifying language concerning specific provisions in the rules. The amendments and new section are adopted under the Health and Safety Code, sec.248.026, which provides the Texas Board of Health (board) with the authority to adopt rules to establish and enforce minimum standards for the licensing of special care facilities; and sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department and the commissioner of health. sec.125.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. AIDS-Acquired immune deficiency syndrome. Bereavement-The process by which a survivor of a deceased person mourns and experiences grief. Bereavement services -Support services offered to a family during bereavement. Family includes a significant other(s). Hospice services -Services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a resident or resident's family as part of a coordinated program which includes palliative care for terminally ill residents and support services for a resident and a resident's family that are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; and are provided by a medically directed interdisciplinary team. Nursing personnel -All persons responsible for giving nursing care to residents. Such personnel includes registered nurses, licensed vocational nurses, nurses aides, and orderlies. Palliative care -Intervention services that focus primarily on the reduction or abatement of physical, psychosocial, and spiritual symptoms of a terminal illness. Residential AIDS hospice-A special care facility licensed and designated as a residential AIDS hospice in accordance with sec.125.6(f)(12) of this title (relating to Standards). Residential AIDS hospice care-Hospice services provided in a residential AIDS hospice. Social worker-A person who is currently licensed as a social worker under the Human Resource Code, Chapter 50. Special residential care facility-A residential facility required to obtain a special care facility license under the Act. Support services -Social, spiritual, and emotional care provided to a resident and a resident's family by a residential AIDS hospice. Terminal illness -An illness for which there is limited prognosis if the illness runs its usual course. sec.125.2. Application and Issuance of License for First-Time Applicants. (a) Upon written request, the department shall furnish a person with an application form for a special care facility license. The applicant shall be at least 18 years of age, and shall submit to the department a separate and accurate application form for each license, required documentation, and the license application fee. The applicant shall retain a copy of all documentation that is submitted to the department. The address provided on the application must be the address from which the facility will be operating. The applicant shall submit the following documents with the application for the license: (1) (No change.) (2) if an applicant is a corporation; (A) a certificate from the State Comptroller's office which states that the corporation that operates the facility is not delinquent in tax owed to the state under the Tax Code, Texas Codes Annotated, Chapter 171, or that the corporation is exempt from the payment of the tax and is not subject to the Tax Code, Chapter 171; or (B) a notarized certification on the license application form that the tax owed to the state under the Tax Code, Chapter 171, is not delinquent or that the corporation is exempt from the payment of the tax and is not subject to the Tax Code, Texas Codes Annotated, Chapter 171; (3)-(11) (No change.) (12) documentation regarding volunteer orientation to the facility, which include at a minimum location of fire alarm system; emergency procedures, including emergency phone numbers; evacuation plan; availability of counseling programs, support groups, and advocacy information; the facility's policy on confidentiality of medical records and information pertaining to patients' diagnosis, treatment, and identification; and the general mission statement of the facility; (13) written approval by the local fire marshal and a copy of the certificate of occupancy granted by the local building official; (14) a written policy for publicly-known natural disaster preparedness for facility residents. The written policy shall include a plan for a reasonable mechanism for triaging residents, the notification of appropriate personnel and family members or significant other in the event of a disaster, the identification of appropriate community resources, and the identification of evacuation procedures. The plan need not require the facility actually evacuate, transport or triage the residents; and (15) if the facility requests designation as a residential AIDS hospice, the facility shall request the designation on the initial application and provide the following as evidence that it meets the minimum standards described in sec.125.6(f)(12) of this title (relating to Standards): (A) a written policy relating to the facility's organized program for the provision of hospice services, including the provision of palliative care and support, counseling and bereavement services; and (B) documentation relating to the establishment and responsibilities of the facility's interdisciplinary team. (b) Upon receipt of the application, including the required documentation and the fee, the department shall review the material to determine whether it is complete in accordance with sec.125.8 of this title (relating to Time Periods for Processing and Issuing a Special Care Facility License). All documents submitted with the original application shall be certified copies or originals. (c) Once the application is complete and correct, a presurvey conference shall be held at the survey office designated by the department. An applicant is required to attend a presurvey conference unless the designated survey office waives the requirement. The designated survey office shall verify compliance with the applicable provisions of this chapter and may recommend that the facility be issued a license or that the application be denied pursuant to sec.125.7 of this title (relating to License Denial, Suspension, or Revocation and Criminal Penalties). (d) (No change.) (e) If the facility is approved for occupancy by local authorities, a license may be issued if the facility submits a plan of correction acceptable to the department to bring the facility into full compliance with the provisions of this chapter. The plan may reflect dates for compliance occurring after issuance of the license if approved by the department. (f) If the department determines that compliance with the provisions of this chapter is not substantiated, the department may propose to deny the license and shall notify the applicant of a license denial as provided in sec.125.7 of this title (relating to License Denial, Suspension, or Revocation and Criminal Penalties). (g) The department shall mail the license to the licensee. A license shall not be materially altered. Continuing compliance with the minimum standards and the provisions of this chapter is required during the licensing period. (h) The change of ownership of a special care facility requires the submittal of an application as a first-time applicant. A request for a change of ownership application for a special care facility shall be submitted 60 days prior to the desired change of licensure and in accordance with subsection (a) of this section. A change of ownership application shall be reviewed by the department in accordance with subsection (b) of this section. (i) Persons who are exempt from licensing requirements are listed in the Health and Safety Code, sec.248.003(a). sec.125.3. Inspections. (a)-(b) (No change.) (c) After an inspection is completed, the surveyor shall submit a compliance record to the department which contains the following: (1) a citation of each standard with which the facility was not in compliance and the specifics of noncompliance, if applicable; and (2) a plan of correction proposed by the facility for each deficient standard cited and the date(s) by which correction(s) must be made. (d) The surveyor shall request the owner or person in charge to sign the compliance record as an acknowledgment of receipt of a copy of the record at the completion of the on-site survey. Signing the record does not indicate agreement with any part of the compliance record. If a person declines to sign the record, the surveyor shall note the declination and the name of the person in charge on the compliance record. Any written comments of the owner or person in charge concerning the compliance record shall be attached to and become a permanent part of the record. The surveyor shall leave a copy of the compliance record at the facility, and, if the person in charge is not the owner, shall mail a copy to the owner. If at the time of inspection the person in charge declines to provide a plan of correction, the department will notify the facility by certified mail, return receipt requested, that a plan of correction must be submitted by the facility within 30 calendar days of receipt of the notice. (e) The surveyor shall prepare a summary report of each inspection and submit it to the department for evaluation and decision. If the department determines the facility is not meeting minimum standards, the department shall notify the facility in writing of the standards that are not met and request that the facility prepare the plan of correction necessary for compliance if a plan has not been submitted at the time of inspection. If the plan of correction is not acceptable, the department will notify the applicant in writing within 10 calendar days of receipt of the plan and request that an acceptable plan of correction be resubmitted within a specified period of time, but no later than 30 calendar days from the date of the department's written notification. (1)-(4) (No change.) sec.125.4. Renewal of License. (a) (No change.) (b) The department will send notice of expiration to a facility at least 45 calendar days before the expiration date of the facility's license. If the facility has not received notice of expiration from the department 30 calendar days prior to the expiration date, it is the duty of the facility to notify the department and request a renewal application for a license. The facility shall submit to the department a complete, correct, and notarized application renewal form and the license renewal fee postmarked no later than ten calendar days prior to the expiration date of the license. (c)-(d) (No change.) (e) If an applicant is a corporation, the facility shall provide: (1) a certificate from the State Comptroller's office which states that the corporation that operates the facility is not delinquent in tax owed to the state under the Tax Code, Chapter 171, or that the corporation is exempt from the payment of the tax and is not subject to the Tax Code, Chapter 171; or (2) a notarized certification on the license application form that the tax owed to the state under the Tax Code, Chapter 171, is not delinquent or that the corporation is exempt from the payment of the tax and is not subject to the Tax Code, Chapter 171. (f) If a licensee fails to timely renew his or her license because the licensee is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the licensee may renew the license pursuant to this subsection. (1) Renewal of the license may be requested by the licensee, the licensee's spouse, or an individual having power of attorney from the licensee. The renewal form shall include a current address and telephone number for the individual requesting the renewal. (2) Renewal may be requested before or after the expiration of the license. (3) A copy of the official orders or other official military documentation showing that the licensee is or was on active military duty serving outside the State of Texas should be filed with the department along with the renewal form. (4) A copy of the power of attorney from the licensee shall be filed with the department along with the renewal form if the individual having the power of attorney executes any of the documents required in this section. (5) A licensee renewing under this subsection shall pay the applicable renewal fee. (6) A licensee is not authorized to operate the facility for which the license was obtained after the expiration of the license unless and until the licensee actually renews the license. (7) This subsection applies to a licensee who is a sole practitioner or a partnership with only individuals as partners where all of the partners were on active duty with the armed forces of the United States serving outside the State of Texas. (g) The department shall conduct a review of the renewal application and accompanying documents described in subsections (d) and (e) of this section in accordance with sec.125.8 of this title (relating to Time Period for Processing and Issuing a Special Care Facility License). The department shall issue an annual license to the facility which meets the minimum standards for a license. sec.125.6. Standards. (a) Administrative management. (1) General requirements. (A)-(B) (No change.) (C) A special care facility license is not a license to provide day care services to children or adults; it allows the facility to provide only the services defined in the Special Care Facility Licensing Act (Act). (D) Each resident receiving services in a special care facility must be admitted for 24-hour residential care. (E) Copies of this chapter shall be available to the personnel and residents of the facility upon request. (F) The facility management upon request shall make available to the department representatives copies of pertinent facility documents or records which in the opinion of the representatives contain evidence of conditions that threaten the health and safety of residents. Such documents and records are residents' medical records including health care notes, pharmacy records, medication records, physicians' orders, and incident/accident reports concerning residents. (G) Each facility shall conspicuously and prominently post the facility license. (H) All accidents, whether resulting in injury, and any unusual incidents or abnormal events, including allegations of mistreatment of residents by staff, personnel, or visitors, shall be described in separate administrative records filed in the facility director's office. Certain procedures regarding accidents, unusual incidents, and abnormal events shall be observed as directed by the department. (I) Within 72 hours of admission, the facility must prepare a written inventory of the personal property a resident brings to the facility. The facility does not have to inventory the resident's clothing. If requested by the resident or responsible party, the inventory shall be updated. The facility should have a mechanism to protect resident clothing. (J) Grounds for denial, revocation, or suspension of the license in accordance with sec.125.7 of this title (relating to License Denial, Suspension, or Revocation and Criminal Penalties) may exist when there is substantiated evidence of the owner, director, or any employee willfully inflicting injury, physical suffering, or mental anguish on any resident in a facility; the failure of management, who is knowledgeable of a substantiated case of physical or mental abuse or neglect, to take corrective action; or the failure of management, who has cause to believe that a resident's physical or mental health or welfare has been or may be adversely affected by abuse or neglect caused by another person, to report it to the department. (K) A license may not be transferred or assigned. (2) Operating policies and procedures. The facility shall comply with its own written policies and procedures. All policies shall be reviewed and updated annually. (A) (No change.) (B) A facility shall adopt, implement, and enforce a written policy for publicly-known natural disaster preparedness for residents. The written policy shall include a plan for the reasonable mechanism for triaging residents; the notification of appropriate personnel, family members and significant other in the event of a disaster; the identification of appropriate community resources; and the identification of possible evacuation procedures. The policy shall require how the facility will actually evacuate, transport or triage residents should the circumstances of the disaster require such action. (C) A facility shall adopt, implement, and enforce a written policy to ensure compliance of the facility and its employees, volunteers and contractors with the Health and Safety Code, sec.161.091, concerning the prohibition of illegal remuneration for securing or soliciting patients or patronage. (D) The facility shall have written personnel policies and procedures. These policies and procedures must be explained to employees when first employed and be made available to them. (E) In accordance with personnel policies, the facility may hire and retain employees with certain communicable diseases based on their abilities to perform on the job adequately and safely and on their willingness to follow prescribed measures to prevent the transmission of infections. Questions of employee infectious status and ability to perform duties should be resolved by consultation with a physician and/or local health authorities. (F) The requirements of subparagraph (E) of this paragraph shall apply to staff from outside resources and to volunteers. (G) The facility shall ensure that personnel records are correct and contain sufficient information to support placement in the assigned position (including a resume of training and experience). Where applicable, a current copy of the person's license or permit shall be in the file. If copying of a license is prohibited, the file shall include a notation of when the license was verified. (H) If the resident or the resident's responsible party entrusts the handling of cash to the facility, simple accounting records of receipts and expenditures of such cash shall be maintained. These funds must be separate from the facility's operating accounts. (I) The facility is encouraged to provide assistance to the residents in their securing or arranging for transportation to meet the residents' transportation needs. (J) In the case of an acute episode, a serious change in the resident's condition, or death, the resident's responsible party shall be notified as soon as possible. (K) If a facility does not employ a person qualified to provide a required or needed service, it shall have arrangements with an outside resource that has the necessary qualifications to provide the service directly to residents or to act as a consultant to the facility. Facility policies shall state the methods used to provide required or needed services. The facility may employ personnel or use appropriate volunteer services or arrange with outside resources to provide services to residents or to act as consultants to the facility. Regardless of the method or combinations of methods used, staff performing services must be appropriately qualified or supervised. (3)-(7) (No change.) (b) Minimum construction standards. (1) A facility that is classified as an institutional occupancy shall comply with the requirements found in National Fire Protection Association (NFPA), Life Safety Code (NFPA 101), Chapter 12 (concerning new construction) and Chapter 13 (concerning existing facilities), and building codes applicable to institutional use. New construction shall be subject to applicable local codes covering construction and electrical and mechanical systems for the occupancy. In the absence of, or absence of enforcement of the local codes, the department shall require conformance to the fundamentals of the following codes: (A) the appropriate sections of NFPA 101; (B)-(E) (No change.) (2) (No change.) (3) A facility that is classified by an occupancy other than institutional or which will house 16 or less residents shall comply with NFPA 101, Chapter 22, relating to residential board and care facilities. (4)-(7) (No change.) (8) When a common wall exists between a facility and another occupancy, the common wall between the facility and the other occupancy shall be not less than a two-hour noncombustible fire-rated partition as is defined in NFPA 101, Chapter 6 (concerning features of fire protection), unless approved otherwise by the department. A licensed hospital, nursing home, custodial care home, or personal care home is not considered another occupancy for this purpose. (9) Planning, construction, procedures, and approvals shall be done in conformance with the following provisions. (A) A facility shall submit construction documents to the department if it is anticipated the facility is classified as institutional by the local building authority or will house 17 or more residents. (B) The construction documents shall be drawn to scale; include a plot plan; and indicate the usages of all spaces, sizes of areas and rooms, and the kind and location of fixed equipment. (i)-(ii) (No change.) (C) (No change.) (10) Facility location shall be determined using the following considerations. (A) The facility shall be located so as to promote at all times the health, comfort, safety, and well-being of the residents. (B) The facility shall be serviced by a paid or volunteer fire fighting unit as approved by the department. Water supply for fire fighting purposes shall be as required or approved in writing by the fire fighting unit serving the area. (C) Any site conditions that can be considered a fire hazard, health hazard, or physical hazard shall be corrected by the facility as determined by the department. (c)-(e) (No change.) (f) Care and services. (1)-(6) (No change.) (7) Medications. (A)-(F) (No change.) (G) Medications that are administered to a resident shall be administered only by a registered professional nurse, licensed vocational nurse, practitioner or individual under direct delegation orders by a physician and in conformance with all laws, rules, and recognized professional standards of practice. A home health agency who is providing services within a special care facility may use a home health medication aide in accordance with sec.115.62(c) of this title (relating to Home Health Medication Aides). (i)-(vi) (No change.) (H) -(O) (No change.) (8)-(11) (No change.) (12) Residential AIDS hospice designation. (A) General. A special care facility designated as a residential AIDS hospice shall meet the standards of this paragraph. These standards are in addition to the other standards described in this chapter which apply to special care facilities. (B) Provision of hospice services. Hospice services shall be provided as follows: (i) Palliative care. The facility shall provide exclusively palliative care that is reasonable and necessary to meet the needs of a resident and the management of the resident's terminal illness and related conditions. (ii) Support services. Support services shall be available to both the resident and the family. (I) There shall be an organized program for the provision of support services under the supervision of a qualified individual who may be a person with a master of social work, an accredited member of the clergy, or a person with appropriate training and experience. (II) Support services shall include social, spiritual and emotional care provided to a resident and the family. (iii) Counseling services. Counseling services shall be available to the resident and the family. If provided, counseling services shall be identified as a need in the resident's plan of care described in clause (v) of this subparagraph. (iv) Bereavement services. Bereavement services shall be available to the family. The provision of bereavement services shall be: (I) provided in an organized program under the supervision of a qualified person who may be a person with a master of social work, an accredited member of the clergy, or a person with appropriate training and experience; (II) available to families for up to one year following the death of the resident; and (III) identified as a need for the family in the resident's plan of care described in clause (v) of this subparagraph. (v) Plan of care. The interdisciplinary team shall develop a plan of care for each resident receiving hospice services. (I) A registered nurse shall participate in developing the initial plan of care for each resident receiving hospice services. (II) The facility shall use an interdisciplinary team in implementing and reviewing the plan of care. (-a-) The interdisciplinary team shall consist of a physician, a registered nurse and other appropriate members who are involved with the resident's care. (-b-) A member of the interdisciplinary team may be a volunteer, an employee of the facility, an individual under contract with facility, or an employee or representative of a home and community support services agency employed by the resident to provide services. (-c-) The interdisciplinary team shall review and revise the resident's plan of care periodically as necessary, but not less than once a month, in providing hospice services to the resident. (III) The plan of care shall identify the need for counseling and bereavement services, as appropriate. (vi) Clinical and medical review. A physician shall conduct a clinical and medical review of the care and services provided to a resident receiving hospice services. The physician conducting the review shall serve as a member of the interdisciplinary team described in clause (v)(II) of this subparagraph. The physician may be an employee, a volunteer, or a contracted consultant to the facility. (C) A special care facility's designation as a residential AIDS hospice must be approved by the department prior to the implementation of hospice services. (i) A special care facility may request designation as a residential AIDS hospice at the submission of the initial application by completing the applicable section on the initial application; or by submitting a written request to the department for the designation at any time during the renewal period. (ii) A written request for designation as a residential AIDS hospice submitted during a renewal period shall include the evidence described in sec.125.2(a)(15) of this title (relating to Application and Issuance of License for First-Time Applicants). (iii) The department shall send written notice approving or disapproving the designation to the facility. If disapproved, the written notice shall state the reasons for the disapproval and the facility may submit additional information to the department supporting the request for the designation. (iv) The facility may withdraw the residential AIDS hospice designation by submitting to the department a written request to withdraw. The written request to withdraw shall include the effective date of withdrawal. A facility which withdraws the designation must resubmit the request as described in clause (ii) of this subparagraph in order to re-establish hospice services. (13) Laboratory services. A facility which provides laboratory services must meet the requirements of Federal Public Law 100-578, Clinical Laboratory Improvement Amendments of 1988 (CLIA 1988). CLIA 1988 applies to all facilities with laboratories that examine human specimens for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings. (g) (No change.) sec.125.7. License Denial, Suspension, or Revocation and Criminal Penalties. (a)-(d) (No change.) (e) If the department proposes to deny, suspend, or revoke a license, the director shall notify the applicant or the facility by certified mail, return receipt requested, of the reasons for the proposed action and offer the applicant or facility an opportunity for a hearing. The applicant or facility must request a hearing within 30 calendar days of receipt of the notice. The request must be in writing and submitted to the Director, Health Facility Licensure and Certification Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. A hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001, and the department's formal hearing procedures in Chapter 1 of this title (relating to Texas Board of Health). If the applicant or facility does not request a hearing, in writing, within 30 calendar days of receipt of the notice or does not appear at a scheduled hearing, the applicant or facility is deemed to have waived the opportunity for a hearing and the proposed action shall be taken. Receipt of the notice is presumed to occur on the tenth calendar day after the notice is mailed to the last address known to the department unless another date is reflected on a United States Postal Service return receipt. (f) The department may suspend or revoke a license to be effective immediately when the department has reasonable cause to believe the health and safety of persons are threatened. The department shall notify the facility of the emergency action by certified mail, return receipt requested, or personal delivery of the notice. If requested by the license holder, the department shall conduct a hearing, which shall be not earlier than ten calendar days from the effective date of the suspension or revocation. The effective date of the emergency action shall be stated in the notice. The hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001 and the department's formal hearing procedures in Chapter 1 of this title (relating to the Texas Board of Health). (g)-(i) (No change.) (j) A licensed special care facility designated as a residential AIDS hospice may use the term "residential AIDS hospice" or a similar term or language in its title or in a description or representation of the facility if the similar term or language clearly identifies the facility as a licensed special care facility and clearly distinguishes the facility from a hospice regulated under the Health and Safety Code, Chapter 142. A special care facility shall be designated as a residential AIDS hospice and shall meet the standards of sec.125.6(f)(12) of this title (relating to Standards) if the facility provides hospice services. sec.125.8. Time Periods for Processing and Issuing a Special Care Facility License. (a) General. (1) The date an application for an initial license, renewal license or change of ownership is received is the date the application reaches the department. (2) An application for an initial license is complete when the department has received, reviewed and found acceptable the information described in sec.125.2(a)-(c) of this title (relating to Application and Issuance of License for First-Time Applicants). (3) An application for a renewal license is complete when the department has received, reviewed and found acceptable the information described in sec.125.4(b)-(e) of this title (relating to Renewal of License). (4) An application for change of ownership is complete when the department has received, reviewed and found acceptable the information described in sec.125.2(a)-(c) of this title. (b) Time periods. An application from a special care facility shall be processed in accordance with the following time periods. (1) The first time period begins on the date the application is received. The first time period ends on the date the special care facility license is issued, or, if the application is received incomplete, the period ends on the date the special care facility is issued a written notice that the application is incomplete. The written notice shall describe the specific information that is required before the application is considered complete. The time period is 20 calendar days for each of the following categories: (A) application for an initial license; (B) application for change of ownership; and (C) application for renewal of license. (2) The second time period begins on the date the last item necessary to complete the application is received and ends on the date the special care facility license is issued. The time period is 20 calendar days for each of the following categories: (A) application for an initial license; (B) application for change of ownership; and (C) application for renewal of license. (c) Reimbursement of fees. (1) In the event the application is not processed in the time periods as stated in subsection (b) of this section, the applicant has the right to request the department reimburse in full all filing fees paid in that particular application process. If the department does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied. (2) Good cause for exceeding the period established is considered to exist if: (A) the number of applications for licenses to be processed exceeds by 15% or more the number processed in the same calendar quarter the preceding year; (B) another public or private entity utilized in the application process caused the delay; or (C) other conditions existed giving good cause for exceeding the established periods. (d) Appeal. If the request for full reimbursement authorized by subsection (c) of this section is denied, the applicant may then appeal to the commissioner of health for a resolution of the dispute. The applicant shall give written notice to the commissioner requesting full reimbursement of all filing fees paid because the application was not processed within the adopted time period. The division shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner will make the final decision and provide written notification of the decision to the applicant and the division. (e) Contested case hearing. If at any time during the processing of the application during the second time period, a contested case hearing becomes involved, the time periods in sec.1.34 of this title (relating to Time Periods for Conducting Contested Case Hearing) are applicable. 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 March 30, 1994. TRD-9438358 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 1, 1994 Proposal publication date: December 3, 1993 For further information, please call: (512) 834-6650 Chapter 128. Licensure and Regulation of Marriage and Family Therapists The Texas State Board of Examiners of Marriage and Family Therapists (board) adopts the repeal of sec.sec.128.1, 128.2, 128.11-128.20, 128.41-128.51, 128.71- 128.73, 128.91-128.94, 128.111-128.114, 128.141-128.144, 128.171-128. 174, 128.201-128.203, 128.231-128.237, 128.261, 128.291-128.295, 128.321, 128. 322, and 128.331-128.339, concerning licensure as licensed marriage and family therapists. These repeals are adopted because Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425) which amends Texas Civil Statutes, Article 4512c-1, provide the board with the authority to adopt rules independently (without Board of Health approval). New sections are being adpopted in this issue of the Texas Register under Title 22, Part XXXV, Chapter 801. No comments were received regarding adoption of the repeals. The repeals are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. Subchapter A. Introduction 25 TAC sec.sec.128.1-128.2 The repeals are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. The sections affect Texas Civil Statutes, Article 4512c-1. 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 March 30, 1994. TRD-9438355 Bobby D. Schmidt Executive Director Texas Department of Health Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 458-7236 Subchapter B. The Board 25 TAC sec.sec.128. 11-128.20 The repeals are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438354 Bobby D. Schmidt Executive Director Texas Department of Health Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 458-7236 Subchapter C. Code of Ethics 25 TAC sec.sec.128. 41-128.51 The repeals are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438353 Bobby D. Schmidt Executive Director Texas Department of Health Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 458-7236 Subchapter D. Application Procedures 25 TAC sec.sec.128.71-128.73 The repeals are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438352 Bobby D. Schmidt Executive Director Texas Department of Health Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 458-7236 Subchapter E. Criteria for Determining Fitness of Applicants for Examination and Licensure 25 TAC sec.sec.128.91-128.94 The repeals are adopted under Acts 1993, 73rd Legislature, Regular Session, Chapter 863 (Senate Bill 1425), which amended Texas Civil Statutes, Article 4512c-1, which provide the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists. 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 March 30, 1994. TRD-9438351 Bobby D. Schmidt Executive Director Texas Department of Health Effective date: April 20, 1994 Proposal publication date: December 17, 1993 For further information, please call: (512) 458-7236 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 157. State Jail Felony Facilities 37 TAC sec.sec.157.21, 157.23, 157.25, 157.27, 157.29, 157.31, 157.33, 157.35, 157.37, 157.39, 157.41, 157.43, 157.45, 157.47, 157.49, 157.51, 157.53, 157.55, 157.57, 157.59, 157.61, 157.63, 157.71, 157.73, 157.75, 157. 77, 157.79, 157.81, 157.83, 157.85, 157.87, 157.89, 157.91, 157.93, 157.95, 157.97 The Texas Department of Criminal Justice adopts new sec. sec.157.21, 157.23, 157.25, 157.27, 157.29, 157.31, 157.33, 157.35, 157.37, 157.39, 157.41, 157.43, 157.45, 157.47, 157.49, 157.51, 157.53, 157.55, 157.57, 157.59, 157.61, 157. 63, 157.71, 157.73, 157.75, 157.77, 157.79, 157.81, 157.83, 157.85, 157.87, 157.89, 157.91, 157.93, 157.95, and 157.97, concerning State Jail Standards. Sections 157.21, 157.23, 157.27, 157.33, 157.35, 157.37, 157.39, 157.41, 157. 51, 157.53, 157.55, 157.57, 157.83, 157.87, 157.89, 157.91, and 157.95 are adopted with changes to the proposed text as published in the October 5, 1993, issue of the Texas Register (18 TexReg 6805). Sections 157.25, 157.29, 157.31, 157.43, 157.45, 157.47, 157.49, 157.59, 157.61, 157.63, 157.71, 157.73, 157.75, 157.77, 157.79, 157.81, 157.85, 157.93, and 157.97 are adopted without changes and will not be republished. The new sections provide minimum standards for a new type of state correctional facility, the state jail, as enacted in Senate Bill 532, 73rd Texas Legislature. The sections will govern facilities constructed and operated by the Department of Criminal Justice, as well as those constructed and operated by counties and community supervision and corrections departments. The new sections define the objectives of state jails and operate to ensure policies are adopted to meet minimum standards in the following areas: administration, management, and operations; personnel policies, training, and staff development; eligibility criteria; use of a state jail as a transfer facility; security and control measures; disciplinary procedures for inmates; enforcement of inmate rights; classification and orientation services; food service, sanitation, and health services; rehabilitative programs and services; citizen involvement and volunteer services; physical plant standards and variances; inmate housing requirements; and construction approval requirements. The agency received the following comments. Commenters requested that references to oversight authority and appropriate TDCJ division director should be specified where possible to clearly state who the authority is who determines if specific conditions or procedures meet standards; and that the word "will" should be changed to "shall" in several areas, and the agency should review the use of the words "may" and "should" in specific areas. One commenter stated the standards raise some general concerns about restrictiveness in some areas and lack of restrictiveness in other areas, and that certain standards should be reviewed in that context; and another commenter stated the standards do not address distinctions between Mode One and Mode Two facilities, such as who decides which one a defendant goes to, and what criteria govern the decision. Other commenters stated that the standards are commendable as being comprehensive and consistent with practice and legal precedent; that the standards related to physical plant provide design latitude that offers opportunity for reduced development time and lower construction costs; and that the standards are highly professional. The agency received the following specific comments concerning individual sections as listed: sec.157.21, Objectives: a fourth objective should be added consistent with legislative intent; sec.157.23, Administration, Management and Operations: the section is too restrictive on Mode II; sec.157.33, Security and Control: additional language should be added to reflect use of least amount of force necessary, paragraph (1) appears to be a missing word or phrase, paragraph (33) a routine maintenance plan should be added, and in paragraph (16) a reference to searching inmate housing areas/materials should be added; sec.157.35, Rules and Discipline: paragraph (4) needs clarification on personnel training; sec.157.37, Special Management: paragraph (14), on legal access should be expanded; sec.157.39, Inmate Rights: a procedure for handling inmate requests should be added; a prohibition on retaliation for exercising access to courts/grievances should be added; in paragraph (3), access to stamps for indigent inmates should be added; sec.157.53, Inmate Programs: the 90-day program cycle should be optional; the CSCD and Community Justice Councils should be able to provide program consultation to the facility staff rather than the State Jail Division and Community Justice Assistance Division; sec.157.55, Mail, Telephone, Visiting: indigent inmates should receive unlimited postage allowance for legal mail; in paragraph (6), mail to media and legislators should be included; sec.157.81, Building and Safety: where national or association codes are referenced, they should be reviewed to ensure that all sections apply, or that only applicable sections are referenced; adoption of Uniform Codes is commended, but Uniform Fire Code should be added; changes reflected in supplements to codes via 1993 Accumulative Supplement should be considered; sec.157.83, Size, Organization and Location: deviation on wording of several standards suggested to include elimination of requirement for guard towers in lieu of fence alarm systems, allow separate laundry facilities for housing areas, and in paragraph (6), a clarifying statement suggested on rated capacity; sec.157.85, Site Design Requirements: a deviation requested to make the 300-foot wide clear zone optional; sec.157.87, Inmate Housing: in paragraph (2), dormitory capacity of 48 should be reviewed as Jail Commission has policy to further reduce to 24; a reference to toiletry for each group of eight inmates should be reviewed/clarified due to 50-bed dormitories; word change suggested to reflect every eight inmates and delete the wording "or increment thereof"; in paragraph (11), space requirements of dayrooms from 24 to 50 inmates; in paragraph (18), removal of the restriction on modesty shields suggested; sec.157.89, Environmental Conditions: in paragraph (1), a reference to picket towers suggested to be removed; and sec.157.91, Program and Service Facilities: in subsection (d), private visitation for attorneys and inmates should be provided; in subsection (e), dayrooms should be allowed to be used as classrooms/counseling rooms; and in subsection (g), the requirement of counselor offices should be changed from ratio of 1/150 counselor/inmate to 1/250. The agency Standards Review Committee recommended, and the board adopted, several clarifying changes to the following sections: sec.157.27(2), Training requirements; sec.157.33(15), Routine use of restraints; sec.157.33(18), Strip searches; sec.157.33(22), Security equipment; sec.157.33(25), Written reports; sec.157.33(27), Use of force; sec.157.33(28), Use of weapons; sec.157.41(4), Searches of legal material; sec.157.51(e), Dental screening and examinations; sec.157.53(11), Life skills programs; sec.157.53(17), Work requirements; sec.157. 55, Mail, Telephone, Visiting; sec.157.57(2), Comprehensive library services; sec.158.83(1)(R), Laundry facilities; sec.157.83(1)(JJ), Armory; sec.157.83(13), Space requirements; sec.157.87(14), Furnishings -dayrooms for administrative segregation cells; sec.157.91(2), Indoor recreation; sec.157.91(8)(C), Dining facilities; sec.157.91(8)(J), Guard post; and sec.157.95, Security. The following groups and associations commented in favor of adoption of the new sections: Commission on Jail Standards, International Conference of Building Officials, Aguirre Associates, Sprung Instant Structures, Cornell Cox Group, L.P. The Travis County Community Justice Council commented against adoption of the new sections. The characterization as "for" or "against" is difficult, as most comment letters were mixed. The agency does not agree with the general comment regarding use of "will" and "should," as being based on a limiting misinterpretation of intent. The agency does not agree with the following comments. Concerning sec.157.23, because the board determined that current wording should generally stand as all state jails must have consistent and common missions, and TDCJ should approve operational policies. Concerning sec.157.53, the board determined that the 90-day program cycle should remain to enhance programming efforts to meet offender needs, and nothing in the standards prevents open-ended programs; inmate programs local/regional planning should remain as proposed, to provide equal protection and consistent programs statewide, which does not prevent additional creative, innovative programs from being developed and implemented within regions. Concerning sec.157.55, the board determined that current standards allow for adequate postage, and that waiver is available where necessary. Concerning sec.157.85, the board determined that the clear zone should not be optional due to security concerns, particularly in light of the possibility of using state jails as transfer facilities. Concerning sec.157.91, the board determined that counselor ratios should remain at 1/150 due to the nature of programs designed for state jails; and that dayrooms should remain dedicated for their specific purpose rather than double as program space, for the same reason. The new sections are adopted under Government Code, Chapter 507, as enacted in Senate Bill 532, 1993, which provides authority for the financing, construction, operation, maintenance, and management of state jail facilities by the Board of Criminal Justice; and Government Code, sec.492.013(a), which gives the Board authority to adopt rules as necessary for the operation of the department. Read together, these statutes authorize adoption of rules setting out minimum standards for state jail facilities, which are to be operated by state, local, and private entities. sec.157.21. Objectives. (a) The objective of the State Jail facility concept are: (1) to provide the courts with a viable alternative in the expansion of sentencing options and rehabilitative programs for state jail felony offenders; (2) to provide local jurisdictions with additional opportunities to increase their involvement in the risk control management of offenders from their communities; (3) to provide state jail felony offenders with the structure and programming to address risk and need areas which may impact their criminal behavior; and (4) to reinforce the effectiveness and viability of community supervision by providing a secure residential facility to house state jail offenders who are revoked because they cannot or will not comply with the terms of community supervision. (b) The objectives of the standards for State Jail facilities include the following: (1) to make state jail facility beds available to every judicial district in Texas; (2) to provide criminal justice system decision-makers with the goals, regulations and guidelines of the Texas Department of Criminal Justice (TDCJ) State Jail facilities; (3) to establish uniform policy for the management and operations of those facilities; (4) to establish minimum environmental, structural and functional requirements for state jail facilities; (5) to provide technical assistance in the establishment and implementation and improvement of sentencing alternatives, sanctions and rehabilitative programs; (6) to enhance the state and local partnership through the coordination of their resources, information and services; (7) to establish a statewide offender tracking system and statistical information source for state jail felons; (8) to enhance the professional knowledge and skills of state jail facility personnel and operators by defining the minimum statewide and regional education and training requirements; (9) to establish policy for the ongoing assessment and evaluation of persons confined in state jail facilities; (10) to establish policy for the ongoing assessment and evaluation of state jail facility correctional methods, programs and systems; (11) to ensure that regionally-based sanctions and programs are designed to meet the needs and resources of each region and the offenders whom each serves; and (12) to delineate procedures to ensure fiscal accountability of the funds designated for the state jail facilities and programs. sec.157.23. Administration, Management and Operations. (a) General administration. Each State Jail facility will have a written body of policy and procedure which establishes the facility's goals, objectives, standard operating procedures and a system of regular review. (b) Purpose and mission. Each facility will have a written document delineating the facility's mission, as approved by the TDCJ. This document is reviewed by TDCJ staff at least annually and updated as needed. (c) Policy and goal formulation. The facility administrator will formulate goals for the facility at least annually and translate them into measurable objectives. (d) Employee participation. The facility administrator will establish a process to provide that employees participate in the formulation of policies, procedures and programs. (e) Outside participation. The facility administrator will, through written policy, procedure and practice, demonstrate that related community agencies with which the facility has contact participate in policy development, coordinated planning and interagency consultation. (f) Table of organization. Each facility will have a written document describing the facility's organization. The description includes an organizational chart that groups similar functions, services and activities in administrative subunits. This document is reviewed annually, and specifies the roles and functions of employees of other agencies providing a service to the facility. (g) Policies and procedures manual. The policies and procedures for operating and maintaining the facility and its satellites shall be specified in a manual that is accessible to all employees and the public. This manual is reviewed at least annually and updated as needed. These manuals will be submitted for approval by the appropriate state oversight authority 60 days prior to acceptance of offenders into the facility. Offenders cannot be accepted into the facility until approval is granted by TDCJ. Changes to the manuals must have the same approval prior to implementation of those changes. (h) Monitoring and assessment. The facility administrator will develop written policy, procedure and practice to provide that operations and programs that are monitored through inspections and reviews. This regular self-monitoring of operations and programs will be separate from external or continuous inspection conducted by other agencies, including TDCJ audits and inspections. (i) Routine reports. The facility administrator shall ensure that quarterly reports on the facility's activities are provided to the TDCJ and the Community Justice Councils for that region. These reports are in writing and include major developments in each department or administrative unit, major incidents, population data, assessment of staff and inmate morale and major problems and plans for solving them. (j) Media access. The facility administrator shall, through written policy, procedure and practice, grant representatives of the media access to the facility consistent with preserving inmates' right to privacy and maintaining order and security. (k) Waiver. The TDCJ may grant a waiver, to a State Jail facility administrator/operator, from a State Jail facility standard or standards upon receipt and approval of a Request for Waiver by the appropriate TDCJ division director. The Request for Waiver must include a plan to comply with said standard or standards by a specific date, and an explanation as to why the facility is not currently in compliance with said standard or standards. If the waiver is approved by the TDCJ division director, the waiver becomes part of the audit record for compliance with that standard. (l) Compliance with standards. Compliance with all State Jail standards is required of all agencies, governmental units, individuals and private operators responsible for the operations and/or provision of services, in whole or in part, of TDCJ State Jail facilities. (m) Budget. The facility administrator shall operate from an annual budget in a manner consistent with good accounting practices and approved by the TDCJ. The budget shall be prepared and submitted to the TDCJ budget office in a format as required and within the provisions as outlined by the TDCJ budget office. (n) Complaint notice. Each facility administrator shall have posted, in conspicuous public and common areas of each facility, a sign notifying offenders and members of the public that they can direct written complaints to the TDCJ. The sign shall include the State Jail Division's (SJD) and/or the Community Justice Assistance Division's (CJAD) mailing address. sec.157.27. Training and Staff Development. A written body of policy and procedure establishes the facility's training and staff development programs, including training requirements for all categories of personnel. (1) Training plan. Facility administrators will ensure that written policy, procedure and practice provide that the facility's employee staff development and training programs are planned, coordinated and supervised by a qualified employee. The training plan is reviewed annually. (2) Training requirements. Pre-service, in-service and appropriate specialized training necessary for facility operations shall be provided to all facility personnel. Training requirements will be specified by TDCJ. Additional training may be provided, as needed, at the direction of the facility administrator. (3) Outside resources. The facility administrator will develop procedures to provide that the training and staff development program uses outside resources when appropriate. (4) Space and equipment. Facility administrators shall ensure that the necessary space and equipment for the training and staff development program are available. sec.157.33. Security and Control. The facility shall use a combination of supervision, inspection, accountability and clearly-defined policies and procedures on use of force to promote safe and orderly operations. (1) Operations manual. Each facility will develop and maintain a manual containing all procedures for facility security and control, with detailed instructions for implementing these procedures. The manual is available to all staff, reviewed at least annually and updated if necessary. (2) Correctional officer assignments. Facility administrators shall ensure that correctional officer posts are located in or immediately adjacent to inmate areas to permit officers to be deployed in such a manner as to ensure safety and security. (3) Security staff. The facility administrators shall ensure that the facility has the staff needed to provide full coverage of designated security posts, full surveillance of inmates and to perform all ancillary functions. (4) Post orders. Each facility will maintain written orders for every correctional officer post. These orders are reviewed annually and updated if necessary. (5) Personnel notification. Written policy, procedure and practice will provide that personnel read the appropriate post order each time they assume a new post and sign and date the post order. (6) Staff and inmate interactions. Facility administrators will develop written policy, procedure and practice to facilitate personal contact and interaction between staff and inmates. The policy shall define both security and rehabilitative interactions. (7) Co-ed staffing. Facility administrators shall ensure that when both males and females are housed in the facility, at least one male and one female staff members are on duty at all times. (8) Prohibition of inmate authority. Facility administrators shall ensure that no inmate or group of inmates is given control or authority over other inmates. (9) Permanent log. Facility administrators will ensure that written policy, procedure and practice require that correctional staff maintain a permanent log and prepare shift reports that record routine information, emergency situations and unusual incidents. (10) Patrols and inspections. Facilities will maintain written policy, procedure and practice to ensure that supervisory staff conduct a daily patrol, including holidays and weekends, of all areas occupied by inmates and submit a daily written report to their supervisory. Unoccupied areas are to be inspected weekly. (11) Regular observation by corrections officers. Every facility will develop a security staffing plan that provides visual, face-to-face observation of all inmates by corrections officers on a continuous basis. At least one corrections officer shall be provided on each floor where inmates are housed and sufficient officers must be provided to meet the continuous observation requirement. (12) Inmate counts. The facility shall have a system for physically counting inmates. The system includes strict accountability for inmates assigned to work educational or program activities release, and other approved temporary absences. (13) Inmate movement. Each facility will maintain written policy, procedure and practice to provide that staff regulate inmate movement. (14) Inmate transportation. Facility administrators will ensure that written policy and procedure govern the transportation of inmates outside the facility and from one jurisdiction to another. (15) Use of restraints. Facility administrators shall ensure that written policy, procedure and practice provide that instruments of restraint, such as handcuffs, irons and straightjackets, are never applied as punishment and are applied only with the approval of the facility administrator or designee. This policy shall include a description of the routine use of restraints. (16) Control of contraband. Facility administrators shall establish written policy, procedure and practice to require facility shakedowns and pat searches of inmates to control contraband and provide for its disposal. (17) Body cavity searches. Facility administrators shall ensure that an established written policy and procedure provide that body cavity searches conducted for reasons of security will be done in private, by medical personnel or by correctional personnel of the same sex as the inmate, who have been trained by a physician or other health care provider to probe body cavities (without the use of instruments) so as to cause neither injury to tissue nor infections. (18) Strip searches. Facility administrators will establish written policy, procedure and practice to provide for strip searches of inmates based on specific guidelines (e.g., entry into the facility, after/before visitation, returning from furlough or when there is a reasonable belief) that the inmate is carrying contraband or any other prohibited items. Such searches shall be conducted by personnel of the same sex as the inmate being searched whenever reasonably possible. (19) Controlled access and use of keys. Each facility will develop and maintain written policy and procedure to detail the control and use of keys. (20) Tools and equipment. Each facility will develop and maintain written policy and procedure to govern the control and use of tools and culinary and medical equipment. (21) Monitoring system. Security areas may have electronic monitoring systems to assist in inmate supervision and enhance the overall security of the facility. Monitoring systems may be used to supplement and reduce corrections officers, but will not be used as a replacement for minimum security personnel requirements. (22) Security equipment. Facility administrators will ensure that written policy and procedure govern the availability, control, and use of chemical agents, and related security devices and specify the level of authority required for their access and use. Chemical agents are used only with the authorization of the facility administrator or designee. (23) Emergency distribution. Facility administrators will ensure that written policy, procedure and practice provide that the facility maintains a written record of routine and emergency distributions of security equipment. (24) Security equipment inventory. Facility administrators will ensure that firearm, chemical agents and related security equipment are inventoried at least monthly to determine their condition and expiration dates. (25) Written reports. Facility administrators shall require that personnel discharging firearms, using chemical agents or any other weapon, or any other security equipment to control inmates, with the use of force, submit written reports to the facility administrator or designee no later than the conclusion of the tour of duty. (26) Injuries. Facility administrators will ensure that written policy, procedure and practice provide that all persons injured in an incident receive immediate medical examination and treatment. (27) Use of force. Facility administrators will ensure that written policy, procedure and practice restrict the use of physical force to commensurate instances of justifiable self-defense, protection of others, protection of property, prevention of escapes and only as a last resort and in accordance with statutory authority. In no event is physical force justifiable as punishment. A written report is prepared following all uses of force and is submitted to administrative staff for review. (28) Use of weapons. Facility administrators will develop written policy and procedure to govern the use of weapons and include the following listed requirements: (A) security equipment is subjected to stringent safety regulations and inspections; (B) a secure weapons locker is located outside the primary security perimeter of the facility; (C) except in emergency situations, firearms and security equipment such as batons are permitted only in designated areas to which inmates have no access; (D) employees supervising inmates outside the facility perimeter follow procedures for the security of security equipment; (E) employees are instructed to use deadly force only after other actions have been tried and found ineffective, and only when the employee believes that a person's life is immediately threatened; and (F) employees on duty only use weapons or other security equipment that have been approved through the facility and only when directed by or authorized by the facility administrator. (29) Fire safety. Each facility will maintain written policy and procedure to specify the facility's fire prevention regulations and practices to ensure the safety of staff, inmates and visitors. They include, but are not limited to, the following: (A) provision for an adequate fire protection service; (B) a system of fire inspection and testing of equipment at least quarterly; (C) an annual inspection by local or state fire officials or other qualified person(s); and (D) availability of fire hoses or extinguishers at appropriate locations throughout the facility. (30) Monthly inspections. Facility administrators will ensure that written policy, procedure and practice provide for a comprehensive and thorough monthly inspection of the facility by a qualified fire and safety officer for compliance with safety and fire prevention standards. There is a weekly fire and safety inspection of the facility by a qualified departmental staff member. This policy and procedure is reviewed annually and updated as needed. (31) Flammable, toxic and caustic materials. Each facility will maintain written policy, procedure and practice to govern the control and use of all flammable, toxic and caustic materials. (32) Emergency power and communications. Facility administrators will develop and implement written policy, procedure and practice to provide for a communications system within the facility and between the facility and community in the event of urgent, special or unusual incidents or emergency situations. (33) Maintenance. There shall be a written plan for routine and preventive maintenance of the physical plant; the plan includes provisions for emergency repairs or replacement in life-threatening situations. (34) Emergency plans. Facility administrators will ensure that facility personnel are trained in the implementation of written emergency plans. (35) Evacuation procedures. Each facility will maintain a written evacuation plan to be used in the event of fire or major emergency. The plan is certified by an independent, outside inspector trained in the application of national fire safety codes and is reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The plan includes the following: (A) location of building/room floor plans; (B) use of exit signs and directional arrows for traffic flow; (C) location of publicly posted plan; (D) at least quarterly drills in all facility locations, including administrative areas; and (E) staff drills even when evacuation of inmates may not be included. (36) Emergency release. Facility administrators will ensure that written policy, procedure and practice specify the means for the immediate release of inmates from locked areas in case of emergency and provide for a backup system. (37) Work stoppage. Each facility will maintain written plans that specify the procedures to be followed in situations that threaten facility security. Such situations include but are not limited to: natural disasters; riots; hunger strikes; disturbances; work stoppages; and the taking of hostages. These plans are made available to all applicable personnel, are reviewed at least annually and updated as needed. (38) Escapes. Facility administrators will ensure that there are written procedures regarding escapes; these procedures are reviewed at least annually and updated if necessary. sec.157.35. Rules and Discipline. The facility rules of conduct and sanctions and procedures for violations are defined in writing and communicated to all inmates and staff. Disciplinary procedures are carried out promptly and with respect for due process. (1) Rules of conduct. Facility administrators shall provide all inmates and staff with written rules of inmate conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation. The written rules are reviewed annually and updated if necessary. (2) Disciplinary procedures. Facility administrators will ensure that there is a written set of disciplinary procedures governing inmate rule violations. These are reviewed annually and updated if necessary. (3) Rulebook. During facility orientation, a rulebook that contains all chargeable offenses, ranges of penalties and disciplinary procedures is given to each inmate and is translated into those languages spoken by significant numbers of inmates. When a literacy or language problem prevents an inmate from understanding the rulebook, a staff member or translator assists the inmate in understanding the rules. Each staff member shall be given a copy of the rulebook. (4) Training requirements. Facility administrators shall ensure that all personnel who work with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct and inmate staff, the rationale for the rules and the sanctions available. (5) Resolution of minor infractions. Each facility will maintain written guidelines for resolving minor inmate infractions that include a written statement of the rule violated and a hearing and decision within seven days, excluding weekends and holidays, by a person not involved in the rule violation. The inmate may waive the hearing. (6) Criminal violations. Each facility will establish written policy, procedure and practice to provide that, where an inmate allegedly commits an act covered by criminal law, the case is referred to appropriate court or law enforcement officials for consideration for prosecution. (7) Disciplinary reports. Facility administrators shall ensure that written policy, procedure and practice provide that when rule violations require formal resolution, staff members prepare a disciplinary report and forward it to the designated supervisor. (8) Report content. Disciplinary reports prepared by staff members shall include, but are not limited to, the following information: (A) specific rule(s); (B) a formal statement of the charge; (C) any unusual inmate behavior; (D) any staff witness; (E) an explanation of the event that should include who was involved, what transpired, and the time and location of occurrence; (F) any physical evidence and its disposition; (G) any immediate action taken, including the use of force; and (H) reporting staff member's signature and date and time of report. (9) Prehearing action. Facility administrators shall ensure that written policy, procedure and practice specify that, when an alleged rule violation is reported, an appropriate investigation is begun within 24 hours of the time the violation is reported and is completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation. (10) Prehearing detention. Within the disciplinary procedures shall document there is a provision for preheating detention of inmates who are charged with a rule violation. The inmate's preheating status shall be reviewed by the facility administrator or designee within 72 hours, including weekends and holidays. (11) Written statement of charges. Facility administrators shall ensure that written policy, procedure and practice provide that an inmate charged with a rule violation receives a written statement of the charge(s), including a description of the incident and specific rules violated. The inmate is given the statement at the same time that the disciplinary report is filed with the disciplinary committee but no less than 24 hours prior to the disciplinary hearing. The hearing may be held within 24 hours with the inmate's written consent. (12) Presence at hearing. Facility administrators shall ensure that written policy and procedure provide that inmates charged with rule violations are present at the hearing, unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion are documented. (13) Disciplinary hearing. Each facility shall maintain written policy, procedure and practice to provide that inmates charged with rule violations are scheduled for hearing as soon as practicable but no later than seven days, excluding weekends and holidays, after the alleged violation. Inmates are notified of the time and place of the hearing at least 24 hours in advance of the hearing. (14) Postponement of continuance. Each facility shall maintain written policy, procedure and practice to provide for postponement or continuance of the disciplinary hearing for reasonable period and good cause. (15) Conducting of hearing. Each facility shall maintain written policy, procedure and practice to provide that disciplinary hearings on rule violations are conducted by an impartial person or panel of persons. A record of the proceedings is made and maintained for at least six months. (16) Inmate rights. Each facility shall maintain written policy, procedure and practice to provide that inmates have an opportunity to make a statement and present documentary evidence at the hearing and can request witnesses on their behalf. The reasons for denying such a request are stated in writing. (17) Inmate assistance. Each facility shall maintain written policy, procedure and practice to provide that a staff member or agency representative assist inmates at disciplinary hearings if requested. A representative is appointed when it is apparent that an inmate is not capable of collecting and presenting evidence effectively on his or her own behalf. sec.157.37. Special Management. Inmates who threaten the secure and orderly management of the facility may be removed from the general population and placed in special units. (1) General policy. Each facility shall maintain written policy, procedure and practice to govern the operation and supervision of inmates under administrative segregation, protective custody and disciplinary detention. (2) Immediate segregation. The facility administrator or shift supervisor can order immediate segregation when it is necessary to protect the inmate or others. That action is reviewed within 72 hours by the appropriate authority as designated in the policy. (3) Admission and review of status. Facility administrators shall ensure that written policy, procedure and practice provide that an inmate is admitted to protective custody status when there is documentation that protective custody is warranted and no reasonable alternatives are available. (4) Disciplinary detention. Each facility shall maintain that written policy, procedure and practice provide that an inmate is placed in disciplinary detention for a rule violation only after a hearing. (5) Status review. Facility administrators shall establish written policy, procedure and practice to provide for a review of the status of inmates in administrative segregation and protective custody every seven days for the first two months and at least every 30 days thereafter. The facility administrator shall designate staff responsible for this review. (6) Review process. Facility administrators shall ensure that written policy, procedure and practice specify the review process used to release an inmate from administrative segregation or protective custody. (7) Daily visits. Facility administrators shall ensure that written policy and procedure provide that inmates in segregation receive daily visits from the chief security officer or shift supervisor, member of the program staff on request and a qualified health care provider three times per week as specified in the Health Services Policy and Procedure Manual. (8) Log. Facility administrators shall ensure that written policy, procedure and practice provide that staff operating special management units maintain a permanent log. (9) General conditions of confinement. Facility administrators shall ensure that all inmates in special management units provide prescribed medication, clothing that is not degrading and access to basic personal items for use in their cells unless there is imminent danger that an inmate or any other inmate(s) will destroy an item or induce self-injury. (10) On-going services. Facility administrators shall ensure that inmates in special management units receive laundry, barbering, hair care services and are issued and exchanged, bedding and linen on the same basis as inmates in the general population. Exceptions are permitted only when found necessary by the senior officer on duty; any exception is recorded in the unit log and justified in writing. (11) Action report. Each facility will maintain written policy and procedure to provide that whenever an inmate in segregation is deprived of any usually authorized item or activity, a report of the action is made and forwarded to the facility administrator. (12) Programs and services for special management units. Facility administrators shall ensure written policy, procedure and practice provide that inmates in special management units can write and receive letters on the same basis as inmates in the general population. (13) Visiting. Facility administrators will ensure written policy, procedure and practice provide that inmates in special management units have opportunities for visitation unless there are substantial reasons for withholding such privileges. (14) Access to legal materials. Each facility shall maintain written policy, procedures and practice to provide that inmates in special management units have access to legal materials, counsel and the courts. (15) Access to reading materials. Each facility shall maintain written policy, procedure and practice to provide that inmates in special management units have access to reading materials. (16) Exercise outside of cell. Facility administrators shall ensure written policy, procedure and practice provide that inmates in these units receive a minimum of one hour of exercise per day outside their cells, unless security or safety considerations dictate otherwise. (17) Telephone privileges. Facility administrators shall ensure written policy, procedure and practice provide that inmates are allowed telephone privileges. (18) Telephone privileges-segregation/custody. Facility administrators shall ensure written policy and procedure provide that inmates in administrative segregation and protective custody are allowed telephone privileges. (19) Telephone privileges-disciplinary detention. Facility administrators shall ensure written policy and procedure provide that inmates in disciplinary detention are allowed limited telephone privileges consisting of telephone calls related specifically to access to the judicial process and family emergencies as determined by the facility administrator or designee. sec.157.39. Inmate Rights. The facility protects the safety and constitutional rights of inmates and seeks a balance between expression of individual rights and preservation of facility order. (1) Access to courts. Each facility will maintain written policy, procedure and practice to ensure the right of inmates to have access to courts. (2) Access to counsel. Each facility will maintain written policy, procedure and practice to ensure and facilitate inmate access to counsel and assist inmates in making confidential contact with attorneys and their authorized representatives; such contact includes, but is not limited to, telephone communications, uncensored correspondence and visits. (3) Access to law library. Each facility will maintain written policy, procedure and practice to provide that inmates have access to legal materials if there is not adequate free legal assistance to help them with criminal, civil and administrative legal matters. Inmates shall have access to paper, writing materials, postage and other supplies and services related to legal matters. (4) Access to programs and services. Facility administrators shall ensure written policy, procedure and practice provide that program access, work assignments and administrative decisions are made without regard to inmates' race, religion, national origin, sex, handicap or political views. (5) Administrative segregation. Inmates in administrative segregation because of behavioral problems should be provided with programs conducive to their well- being. (6) Protective custody. Inmates in protective custody should be allowed to participate in as many of the programs afforded the general population, providing such participation does not threaten facility security. (7) Equal opportunity. Where males and females are housed in the same facility, equal opportunities shall be provided for participation in programs and services. They are provided separate sleeping quarters but equal access to all available services and programs. Neither sex is denied opportunities solely on the basis of their smaller number of the total population. (8) Inmate communications. Each facility shall maintain written policy, procedure and practice to grant inmates the right to communicate or correspond with persons or organizations, subject only to the limitations necessary to maintain order and security. (9) Grievance procedures. Facility administrators shall ensure that there is a written inmate grievance procedure that is made available to all inmates which includes at least one level of appeal. (10) Inmate requests. Each facility shall maintain a written policy describing the manner in which inmates may make written requests of the staff. (11) Prohibition of harassment. There will be no harassment of or retaliation against any inmate for exercising their access to the courts or filing a grievance. sec.157.41. Institutional Services. All incoming inmates undergo thorough screening and assessment at admission and receive thorough orientation to the facility's procedures, rules, programs and services. (1) Reception and orientation. Each facility will maintain written policies and procedures to govern the admission of inmates new to the system and are reviewed annually and updated if necessary. These procedures include at a minimum the following: (A) determination that inmate is legally committed to the facility; (B) drug/alcohol use; (C) thorough search of the individual and possessions; (D) disposition of personal property; (E) shower and hair care, if necessary; (F) issuance of clean, laundered clothing when appropriate; (G) photographing and fingerprinting, including notation of identifying marks or other unusual physical characteristics; (H) medical, dental and mental health screening; (I) assignment to a housing unit; (J) recording basic personal data and information to be used for mail and visiting list; (K) explanation of mail and visiting procedures; (L) assistance to inmates in notifying their next of kin and families of admission; (M) medical, dental, substance abuse and mental health screening; (N) assignment of registered number to the inmate; (O) giving written orientation materials to the inmate; (P) telephone calls by inmate; (Q) criminal history check; and (R) assignment to a case manager to develop supervision/treatment plan. (2) Inmate location. Inmates will be separated from the general population of the facility during the admissions process. (3) Personal property. Inmate admission will include a written, itemized inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables. The inmate is given a receipt for all property held until release. If the inmate arrives with medications or prosthetic devices, the items should be submitted to the unit medical staff for a determination of appropriate disposition. (4) Searches of Legal Material. Facility administrators shall establish written policy, procedure and practice to govern the search of legal materials of all incoming inmates. sec.157.51. Health Screenings and Examinations. (a) Preliminary screening. Facility administrators shall ensure that written policy, procedure and practice require medical, dental and mental health screening to be performed by health-trained or qualified health care personnel on all inmates, excluding intrasystem transfers, on the inmate's arrival at the facility. All findings are recorded on a form approved by the health authority. The screening includes at least the following: (1) Inquiry to: (A) current illness and health problems, including venereal diseases and other infectious diseases; (B) dental problems; (C) mental problems; (D) use of alcohol and other drugs, including type(s) of drugs used, mode of use, amounts used, frequency used, date or time of last use and history of any problems that may have occurred after ceasing use (e.g., convulsions); (E) past and present treatment or hospitalization for mental disturbance or suicide; (F) possibility of pregnancy; and (G) other health problems designated by the responsible physician. (2) Observation of: (A) behavior, including state of consciousness, mental status, appearance, conduct, tremor and sweating; (B) body deformities, ease of movement, etc.; and (C) condition of skin, including trauma markings, bruises, lesions, jaundice, rashes and infestations and needle marks or other indications of drug abuse. (3) Medical disposition of inmate: (A) general population; or (B) general population with prompt referral to appropriate health care service; or (C) referral to appropriate health care service for emergency treatment. (b) Intrasystem transfers. Facility administrators shall ensure written policy, procedure and practice require that all intrasystem transfers receive a health screening by health-trained or qualified health care person immediately on arrival at the facility. All findings are recorded on a screening form approved by the health authority. The screening includes at a minimum the following: (1) Designated nursing personnel at each unit will pick up the medical record for each day's incoming inmates. (2) The health record for each incoming inmate will be reviewed for the following: (A) housing, work, disciplinary restrictions (from the health summary for classification form); (B) prescribed medication; and (C) prescribed treatment regimen. (3) Based on the records review, medication, appointments and referrals will be scheduled as appropriate. (4) Following the nursing service review, the record will be forwarded to dental and psychiatric services for their respective reviews. (c) Health appraisal. The facility health authority shall ensure written policy, procedure and practice require that a health appraisal for each inmate, excluding intrasystem transfers, is completed within 14 days after arrival at the facility. If there is documented evidence of a health appraisal within the previous 90 days, a new health appraisal is not required except as determined by the designated health authority. The health appraisal shall include the following: (1) review of the earlier receiving screening; (2) collection of additional data to complete the medical, dental, mental health and immunization histories; (3) laboratory and/or diagnostic tests to detect communicable disease and tuberculosis; (4) recording of height, weight, pulse, blood pressure and temperature; (5) other tests and examinations as appropriate; (6) medical examination, including review of mental and dental status; (7) review of the results of the medical examination, tests and identification of problems by a physician or other qualified health care personnel, if such is authorized in the Medical Practice Act; (8) initiation of therapy when appropriate; and (9) development and implementation of treatment plan, including recommendations concerning housing, job assignments and program participation. (d) Recording appraisal data. The facility health authority shall ensure written policy, procedure and practice for the collection and recording of health appraisal data require the following: (1) the process is completed in a uniform manner as determined by the health authority; (2) health history and vital signs are collected by health-trained or qualified health personnel; and (3) collection of all other health appraisal data is performed only by qualified health personnel. (e) Dental screening and examination. The facility health authority shall ensure written policy and procedure require that dental care is provided to each inmate under the direction and supervision of a dentist, licensed in the state, as follows: (1) dental screening within 14 days of admission; (2) dental health orientation and education services within 14 days of admission; (3) dental examinations within three months of admission; (4) dental treatment, not limited to extractions, within three months of admission when the health of the inmate would be adversely affected; and (5) dental emergency treatment within 24 hours of admission or discovery. (f) First aid. First aid kits shall be available in designated areas of the facility based on need. (g) Use of specialists. The facility administrators will ensure written policy and procedure require that arrangements are made for the provision of special medical programs, including chronic care, convalescent care and medical preventive maintenance for the inmates. (h) Severe mental illness and retardation. The facility health authority shall ensure written policy and procedure require postadmission screening and referral for care of mentally ill or retarded inmates whose adaption to the correctional environment is significantly impaired. (i) Administrative consultation. Each facility shall maintain written policy which requires consultation between the facility administrator and the responsible physician, or their designees, under the following conditions before the following actions are taken regarding patients who are diagnosed as having a psychiatric illness: (1) housing assignments; (2) program assignments; (3) disciplinary measures; and (4) transfers in and out of the facility. (j) Management of chemical dependency. The facility health authority shall maintain written policy and procedure to guide the clinical management of chemically dependent inmates and include the following requirements: (1) screening, assessment and diagnosis of chemical dependency; and (2) determination as to whether an individual requires nonpharmacologically supported care. (k) Informed consent. All examinations, treatments and procedures affected by informed consent standards in the community shall likewise be observed for inmate care. In the case of minors, the informed consent of parent, guardian or legal custodian applies when required by law. Health care is rendered against inmate's will only in accordance with law. sec.157.53. Inmate Programs. Programs designed to address specific offender risk and needs offer the greatest opportunity to have a positive impact in changing criminal behavior. (1) Continuum of programs and services. All State Jail facilities shall ensure the development and implementation of a continuum of programs and services designed to address the risk and needs of the offenders placed within those facilities. (2) Basic programs required. Each State Jail facility will, at a minimum, provide programs in the following areas which will include, but not be limited to: (A) educational/vocational programs; (B) work programs; (C) rehabilitation programs; and (D) recreational programs. (3) Local/regional planning. State jail programs shall be developed based upon local and regional needs. The Community Justice Councils and the Community Supervision and Corrections Departments (CSCD) served by the facility shall provide consultation to the SJD and the CJAD in program development through identification of local/regional resource and needs. (4) Program staffing. The facility administrator shall ensure that all programs are adequately staffed by qualified persons providing specific program components. The facility will utilize community volunteers, whenever it is feasible. (5) Classification and assessments. Facility staff shall adhere to written policy, procedure and practice to provide the specific methods and areas of classification and assessment necessary for each offender upon entry into the facility. (6) Supervision/treatment plans. Facility administrators shall ensure written policy, procedure and practice to provide that the classification/assessment process will be utilized to develop an individualized supervision/treatment plan for each offender in the facility. Plans are to be long range and developed in such a manner as to provide for a continuity of service and when appropriate, supervision care for offenders after discharge from the facility. Services shall be prioritized based upon need and availability. (7) Case management services. Facility management shall include written policy, procedure and practice to provide that a case manager will be assigned to each offender to monitor and evaluate the progress of the offenders achievement of the plan. The case manager will be responsible for determining changes to that plan (where progression or regression dictate) and to provide guidance to that offender toward successful accomplishment of the plan. (8) Reintegration model. To optimize reintegration of offenders, written policy, procedure and practice to provide that each offender develop a transition plan for release back into the community. Such plan will be developed with oversight and assistance from the case manager prior to the offender's release. The plan will be transferred with the offender to any aftercare and/or community supervision agencies upon discharge from the facility. (9) Basic program design. All programs shall be designed to be presented in specific "sections" so that offenders may complete those sections within a 90- day cycle. Such design is meant to address differing periods of time of confinement for offenders. (10) Educational/vocational programs. Facility administrators will ensure written policy, procedure and practice provide that, at a minimum, each facility will offer adult basic education, GED preparation and GED classes and English as a Second Language (where necessary). Offender participation will be predicated upon specific educational assessments determining specific need for any or all of these programs. Computer-assisted learning labs will be utilized to better address individual learning rates. Each facility shall develop vocational programs designed to address local/regional needs. The facility staff, the local Community Justice Councils, Texas Employment Commission, Texas Rehabilitation Commission and local employers will determine the local need. (11) Life skills programs. It is the intent of this standard that each offender will be assessed to determine specific areas listed in subparagraphs (A)-(I) of this paragraph which are applicable to that offender's needs. Each facility will implement life skills programming which may include, but is not limited to, the following areas: (A) personal financial management; (B) employment readiness/job search; (C) employment interviewing skills; (D) personal hygiene; (E) parenting classes; (F) interpersonal relationships; (G) anger management; (H) problem solving; and (I) conflict resolution. (12) Rehabilitation programs. Each offender, as determined by the assessments and supervision plan, will have supervised access to programs designed to address that offender's risk and areas of need. Those programs will include, but not be limited to, the following areas: (A) substance abuse education; (B) group/individual counseling; (C) Alcoholics Anonymous (AA), Narcotics Anonymous (NA) and Cocaine Anonymous (CA); and (D) expanded programs from life skills, where needed. (13) Community Service Restitution (CSR) programs. Each facility shall maintain written policy, procedure and practice to provide for the development and implementation of CSR programs. Such programs will be designed to provide service restitution to the community and as a method to provide incentives for positive offender behavior. Initial CSR activities will be restricted to the grounds of the facility. Incentive CSR activities may allow offenders to perform CSR outside of the facility under staff supervision. (14) Work programs. Facility administrators shall ensure written policy, procedure and practice provide each offender with specific work/tasks to be performed while residing in the facility. Such work will include routine maintenance tasks, personal area maintenance, specific work assignments and institutional support. Such programs are not to be included as credit toward CSR hours mandated by court order. (15) Recreational programs. Facility administrators shall ensure that written policy, procedure and practice provide each offender within the facility with specific, regular time to engage in recreational activities. Indoor recreation and outdoor recreation, weather permitting, must be available to assist in the rehabilitation and physical well-being of offenders. (16) Inmate work plan. The facility has a written inmate work assignment plan that provides for inmate work opportunities, subject to the number of work opportunities available and the maintenance of facility security. (17) Work requirement. The facility administrator shall require all able- bodied inmates to work in addition to participation in an approved education or training program. Inmates are to participate as prescribed by their supervision, treatment and classification plan. (18) Non-discrimination. Facility administrators shall ensure that written policy and procedure prohibit discrimination in inmate work assignments based on sex, race, religion and national origin. sec.157.55. Mail, Telephone, Visiting. A written body of policy and procedure governs the facility's mail, telephone and visiting service for inmates, including mail inspection, public phone use and routine and special visits. (1) Inmate correspondence. Each facility will maintain written policy and procedure that govern inmate correspondence; they are available to all staff and inmates, reviewed annually and updated as needed. (2) Inmate cost. When the inmate bears the mailing cost, there shall be no limit on the volume of letters he/she can send or receive or on the length, language, content or source of mail or publications, except when there is reasonable belief that limitation is necessary to protect public safety or facility order and security. (3) Postage allowance. Facility administrators shall ensure written policy, procedure and practice provide that indigent inmates, as defined in policy, receive a specified postage allowance to maintain community ties. (4) Publication access. Each facility shall maintain written policy, procedure to govern inmate access to publications. (5) Inspection of letters and packages. Each facility shall specify written policy, procedure and practice to provide that inmate mail, both incoming and outgoing, may be opened and inspected for contraband. Mail is read, censored or rejected when based on legitimate facility interests of order and security. Inmates are notified when incoming or outgoing letters are withheld in part or in full. (6) Sealed letters. Facility administrators shall ensure written policy, procedure and practice specify that inmates are permitted to send sealed letters to a specified class of persons and organizations, including but not limited to the following: courts; counsel; designated facility administrators; state and local chief executive officers; media representatives; members of the State legislature; and administrators of grievance systems. Mail to inmates from this specified class of persons and organizations may be opened only to inspect for contraband and only in the presence of the inmate, unless waived in writing. (7) Mail inspections. Facility administrators shall establish written policy and procedure to provide for the inspection of inmate letters and packages to intercept cash, checks, money orders and contraband. A receipt is given to the addressee. (8) Holding mail. Facility administrators shall establish written policy, procedure and practice to require that, excluding weekends and holidays, incoming and outgoing letters are held for no more than 24 hours and packages are held for no more than 48 hours. (9) Telephone. Each facility shall maintain written policy, procedure and practice to provide for inmate access to telephones. (10) Visiting. Facility administrators shall ensure written policy, procedure and practice provide that the number of visitors an inmate may receive and the length of visits may be limited only by the facility's schedule, space and personnel constraints, or when there are substantial reasons to justify such limitations. (11) Visiting high-risk inmates. Each facility shall maintain written policy and procedure to govern visiting for high-risk inmates. Special visits shall be governed by written policy and procedure developed by facility administrators. (12) Extended visits. Extended visits between inmates and their families shall be governed by written policy, procedure and practice developed by facility administrators. (13) Furloughs. As provided by written policy, procedure and practice, facility administrators shall provide that inmates with appropriate security classifications are allowed furloughs to the community to maintain community and family ties, seek employment opportunities and for other purposes consistent with the public interest. (14) Visitor registration. Facility administrators shall ensure written policy, procedure and practice provide that visitors register on entry into the facility and specify the circumstances under which visitors may be searched. (15) Visitor information. Facility administrators shall designate staff to provide information to visitors about transportation to the facility and between the facility and nearby public transit terminals. sec.157.57. Library. A written body of policy and procedure governs the facility's library program, including acquisition of materials, hours of availability and staffing. (1) Comprehensive library services. Library services shall be available to all inmates in detention facilities library programs, including acquisition of materials, hours of availability and staffing. (2) Library staff. Each facility shall have a qualified staff person who coordinates and supervises library services. (3) Selection and acquisition of materials. Facility administrators shall ensure that written policy defines the principle, purposes and criteria used in selection and maintenance of library materials. (4) Interlibrary loan. Facility administrators shall ensure that the library participates in interlibrary loan programs when available. sec.157.83. Size, Organization and Location. The question of facility size is most properly approached from the dual perspectives of inmate profile and facility mission. This approach encourages flexibility, creativity and innovation in meeting safety and quality of life concerns. (1) Functions. Space shall be allocated for, but not limited to, the following functions: (A) clear zone surrounding perimeter; (B) parking; (C) service and delivery vehicles; (D) inmate housing; (E) exercise and recreation; (F) visiting; (G) inmate programs; (H) library; (I) counseling; (J) central food service and dining; (K) housekeeping; (L) clothing and supply distribution; (M) storage; (N) mechanical and electrical equipment; (O) inmate commissary; (P) inmate mail; (Q) medical examination and treatment; (R) laundry facilities; (S) maintenance; (T) hazardous material storage; (U) multipurpose rooms; (V) barber shops; (W) interview rooms; (X) facility administrative areas; (Y) security staff areas (Z) chaplain's area; (AA) classification management; (BB) risk managers office; (CC) classification testing (Mode One only); (DD) control rooms with sallyports; (EE) security equipment storage; (FF) inmate reception (all Mode One, some Mode Two); (GG) visitor reception and sallyport; (HH) vehicle sallyport and shakedown; (II) security perimeter; and (JJ) armory. (2) Staff/inmate interaction. Physical plant design facilitates personal contact and interaction between inmates and staff. (3) Facility size. The size of the facility is variable and is subject to TDCJ approval. Facilities are divided into distinct, semiautonomous management units that encourage positive staff/inmate interactions and enhance the safety of staff and inmates, improves inmate behavior and increases the effectiveness of programs and services. (4) Unit size. The maximum size of a single management unit is variable and is based on the characteristics of its inmate population. The exact size of each management unit is determined by: (A) the security classification of the inmate occupants (higher security levels may require smaller unit size); and (B) the ability of staff to complete regular security checks, maintain visual and auditory contact, maintain personal contact and interaction with inmates and be aware of unit conditions. (5) Single cells. Single-cell living units shall not exceed 80 inmates. (6) Rated capacity. The number of assigned inmates shall not exceed the unit's rated bed capacity. (7) Location. Each unit is located within a 30-minute radius from a Joint Commission on Accreditation of Hospital Organization (JCAHO) accredited hospital with a Level III emergency room, fire protection and public transportation. sec.157.87. Inmate Housing. Inmate housing areas are the basis for institutional living and as such must promote the safety and well-being of staff and inmates. All inmate areas shall provide unobstructed view of all inmates by security staff from outside the secure areas. (1) Dormitories. Dormitories shall accommodate 9-50 general population inmates and shall contain not less than 40 square feet of clear floor space for one inmate, plus 18 square feet of clear floor space per each additional inmate. Dormitories shall have a bunk for each inmate. Stacking double bunks are acceptable. A toilet and lavatory capable of providing drinking water for each group of eight inmates or increment thereof shall be provided in each dormitory. (2) Multi-occupancy cells. Multi-occupancy cells shall accommodate 1-8 inmates and shall contain not less than 40 square feet of clear floor space for one inmate plus 18 square feet of clear floor space per each additional inmate. Each multiple-occupancy cell shall have a bunk for each inmate, one toilet and one lavatory capable of providing drinking water. Stacking double bunks are acceptable. The sum of the number of multiple-occupancy cells and the number of administrative segregation cells shall be at least 10% of the unit's rated bed capacity. (3) Administrative segregation cells. Administrative segregation cells shall approximate the living conditions provided to general population inmates and shall house only one inmate each. Cells shall contain not less than 40 square feet of clear floor space exclusive of furnishings and shall permit the assigned inmate to speak with and be observed by staff. They shall have a bunk, toilet, lavatory capable of providing drinking water, desk and seating. The number of cells shall be at least 2.51 of the unit's rated bed capacity. (4) Medical isolation cells. Medical isolation cells shall be accessible for wheelchair-bound inmates and shall contain a hospital-type bed, shower, toilet and lavatory capable of providing drinking water. A vestibule shall separate the medical isolation cell(s) from adjacent spaces. Mechanical systems for medical isolation cells shall insure that airborne pathogens are not released into the outside air or into building spaces. The travel path from the medical isolation room to the ambulance evacuation area shall be sized for a gurney. Units of less than 1,000 inmates shall contain at least one medical isolation cell and units with more than 1,000 inmates shall contain at least two medical isolation cells. The number of medical isolation cells do not count towards the unit's rated bed capacity. (5) Padded cells. Padded cells shall accommodate one inmate each. At least one and, if necessary, additional violent cells shall be provided in each facility for the temporary holding of violent persons or persons suspected of insanity. The number of violent cells shall not count toward the facility's rated capacity. Violent cells shall include the following features and equipment: (A) Size. The room or cell shall not have less than 40 square feet of clear floor space and a ceiling height of not less than eight feet. (B) Furnishings. The cell shall be equipped with a hammock, not less than 2'- 3" wide and 6'-3" long, made of an elastic or fibrous fabric designed to minimize its use to inflict self-injury. A shelf the length of the cell at least 2'-3" wide and not more than 8" above the floor covered with padding material identical to that of the floor may be used in lieu of the hammock. A flushing- type floor drain with control outside the cell shall also be provided. (C) Padding. Walls and inside door surfaces shall be completely padded to the lower of ceiling or 10' high and the floor shall be covered with a material to protect the inmate from self-injury. The type of quality materials used for padding and floor covering shall be designed to prevent self-injury and have the capability of being cleaned. It shall be fire-resistant and non-toxic. (6) Bunks. Bunks shall be fire-resistant and not less than 2'-3" wide and 6'- 3" long. Bunks shall be securely anchored and should have lockable storage at least 12" X 24" X 24" in size for each inmate. (7) Water closets and lavatories. Water closets and lavatories shall be constructed in such manner and of such material so as to resist vandalism. A combination toilet and lavatory constructed of vandal-resistant material is recommended. (8) Additional furnishings. For administrative segregation cells, multiple- occupancy cells and dormitories may include desks and seats (mandatory for single cells), lockers, mirrors, detention-type electric light fixtures, detention-type heating and ventilation grilles and showers. Where light fixtures or other appurtenances are recessed in or otherwise made an integral part of walls or ceilings, provisions should be made to prevent destruction or removal. (9) Dayrooms. Dayrooms shall be provided in close proximity to all inmate sleeping areas except for medical isolation cells. Medical isolation cells do not get dayrooms. Space shall be provided for varied inmate activities. Different classifications of inmates shall not be commingled in the same dayroom. (10) Space requirements. Dayrooms for dormitories shall accommodate not more than 50 inmates. Dayrooms shall contain at least 40 square feet of clear floor space for one inmate plus 18 square feet of clear floor space for each additional inmate. Dormitory dayrooms may be contiguous with inmate sleeping areas. (11) Space requirements. Dayrooms for multiple-occupancy cells shall accommodate not more than 24 inmates. Dayrooms shall contain at least 40 square feet of clear floor space for one inmate, plus 18 square feet of clear floor space for each additional inmate. Multi-occupancy cell dayrooms shall be separated from multi-occupancy cells with controlled access from one to the other. (12) Furnishings. Dayrooms for dormitories and multiple-occupancy cells are equipped with a toilet and lavatory capable of providing drinking water for each group of eight inmates or increment thereof. A mirror shall be provided at each lavatory. They shall also provide a shower for each group of 12 inmates or increment thereof. Each dayroom shall be suitably furnished with, but not limited to, seating and tables to accommodate the number of inmates to be confined therein, one television for each group of 25 inmates and may provide dining facilities and other activities. A utility sink shall be provided. Multi- occupancy cell dayrooms shall be separated from multiple-occupancy cells with controlled access from one to the other. (13) Space requirements. Dayrooms for administrative segregation cells shall accommodate one inmate and shall contain at least 200 square feet. A maximum of four inmates shall be permitted in any dayroom at any one time. The number of administrative segregation dayrooms shall be at least 8.0% of the number of cells. (14) Furnishings. Dayrooms for administrative segregation cells shall contain a toilet, a lavatory capable of providing drinking water, a table with seating for four inmates. They should also contain at a minimum, an exercise mat, a television and a chinning bar. (15) Holding rooms. Holding rooms shall accommodate no more than 12 inmates each and shall contain 40 square feet of clear floor space for the first inmate and 18 square feet of clear floor space per each additional inmate. Furnishings shall include benches against the walls of the rooms to afford the best possible visibility of inmates by security staff. Each holding room for two or more inmates shall provide a floor drain and cleanable floor surface. Inmate reception areas shall contain at least two single occupancy holding rooms containing at least 40 square feet of clear floor space. Each holding cell shall contain one toilet and lavatory capable of dispensing drinking water. (16) Tables and benches. Tables and benches should be constructed of materials which will reduce maintenance. They shall be fire-resistant and securely anchored to floor or wall surfaces. Benches shall be not less than 12" wide, and linear seating dimensions shall be not less than 18" per person to be seated at any one time. Stools shall not be less than 12" in diameter. (17) Detoxification cells. Facilities that do not provide inmate reception areas shall provide one or more detoxification cells containing the following: (A) Seating. The detoxification cell shall be equipped with stationary benches or bunks no higher than 8" above the floor. (B) Plumbing. The detoxification cell shall be provided with one or more vandal-resistive flushing floor drains, or vandal-resistive water closet/lavatory/drinking fountain combinations with standard floor drains. The floor shall be properly pitched to drains and plumbing shall have outside water shutoffs and controls. (C) Cell size. The size of the detoxification cell shall be determined by the anticipated maximum number of persons received at any one time. A detoxification cell shall not accommodate more than 12 persons and shall have a minimum of 40 square feet of floor space for one person plus 18 square feet of floor space per additional person. (D) The floor and wall materials shall be durable and easily cleaned. (E) Supervision. The detoxification cell shall be constructed to facilitate supervision of the cell area and to materially reduce noise. (18) Toilets. Should be constructed in such manner and of such material so as to resist vandalism. A combination toilet and lavatory constructed of vandal- resistant material is recommended. Inmates should have access to toilets and hand washing facilities 24-hours per day and are able to use toilets without staff assistance when they are confined in their sleeping areas. Dormitory and multiple-occupancy cell toilets are provided at the rate of one for every group of eight inmates or increment thereof. Urinals may be substituted for up to one- half of the toilets in male facilities. (19) Lavatories. Lavatories shall be constructed in such manner and of such material so as to resist vandalism. A combination toilet and lavatory constructed of vandal-resistant material is recommended. Inmates have access to operable wash basins with temperature controlled hot and cold running water in the housing units at a minimum ratio of one lavatory for every eight inmates. (20) Showers. Shower areas shall be not less than 2'-6" square per showerhead and not less than 7'-0" high. Construction should be of materials which resist the action of soap and water and which cannot be easily damaged by acts of vandalism. Drying areas of not less than 2'-6" square sloped to a drain should be provided adjoining the shower entrance. Inmates have access to operable showers with temperature controlled hot and cold running water at a minimum ratio of one shower to every 12 inmates. Water is thermostatically controlled to temperatures ranging from 100-108 degrees Fahrenheit to ensure the safety of inmates. (21) Housing for the handicapped. Within all facilities, inmate areas shall comply with the provisions of the United States Americans with Disabilities Act and the State of Texas Elimination of Architectural Barriers Act for the mobility impaired in all aspects that do not compromise the safety of inmates and/or staff. Facilities shall provide for a handicapped inmate population of 2.0% of the total inmate population. Handicapped inmates may be segregated in common housing units. At least one administrative segregation cell shall be handicapped accessible. Facilities need not accommodate inmates with handicaps other than mobility impairments. sec.157.89. Environmental Conditions. Environmental conditions significantly influence unit operations. Acceptable standards for lighting, air quality, temperature and noise levels promote the health and well-being of staff and inmates while enhancing unit order and security. (1) Light levels. Lighting throughout the unit is determined by the tasks performed, surface finishes and colors, type and spacing of light sources, outside lighting, shadows and glare. Exteriors of buildings and outdoor recreation yards shall be lighted at night sufficiently for security staff to observe all inmate activity. Exterior light fixtures shall be positioned to eliminate glare. (2) Inmate cells. Inmate living areas shall be equipped with lighting that provides an average of 20 footcandles at the desk and grooming station of illumination during non-sleeping hours and three footcandles during sleeping hours. (3) Natural light-inmate sleeping areas. Detention-grade windows and/or skylights shall be provided in all dormitories, multiple occupancy cells and administrative segregation cells. Operable windows are required in non-air conditioned inmate housing areas. (4) Dayrooms. Windows and/or skylights shall be provided in all dayrooms for dormitories and multiple occupancy cells. Administrative segregation dayrooms shall provide a minimum of three square feet of transparent glazing with a view to the outside. (5) Noise levels. Noise levels in inmate housing units shall not exceed 70 dBA (A scale) in daytime and 45 dBA (A scale) at night. (6) Indoor air quality-winter ventilation. Systems shall circulate at least 15 cubic feet per minute of outside air per occupant for all occupied spaces subject to paragraphs (8) and (10) of this section. Winter exhaust systems shall insure positive pressurization of inmate living areas. (7) Indoor air quality-summer ventilation. Systems shall provide at least 15 air changes per hour in all non-air conditioned occupied spaces subject to paragraphs (8) and (10) of this section. Programmatic space and administrative areas shall be air conditioned. (8) Restroom ventilation. Systems shall circulate the following amounts of fresh air: (A) Winter season-the greater of 12.5 cubic feet per minute per inmate or 1.2 times the required toilet and shower exhaust fan airflow; and (B) Summer season-15 air change per hour. (9) Restroom exhaust. Systems shall provide the following air flows: (A) Toilet exhaust fans-1.5 cubic feet per minute per square foot of floor space used for toilets, urinals and lavatories; (B) Shower exhaust fans-the greater of two cubic feet per minute per square foot of shower stall or 50 cubic feet per minute per showerhead; and (C) All toilet exhaust fans shall operate continuously regardless of season. (10) Kitchen ventilation. Systems shall provide 15 air changes per hour during all time that the kitchen is in use, regardless of season. Air flow from exhaust hood may count toward this standard. Kitchen area ventilation systems shall provide pressure differentials on the following descending order: (A) dining rooms; (B) kitchen preparation areas; (C) pot scrub areas; and (D) sculleries. (11) Dry food storage areas. Shall have ventilation systems capable of providing 15 air changes per hour in the summer. (12) Exhaust hood. Each exhaust hood serving kitchen equipment shall exhaust no less than 150 cubic feet per minute per linear foot of hood perimeter and shall conform to the Uniform Mechanical Code, sec.2003(g). (13) Scullery. Each scullery shall have exhaust systems capable of providing at least 30 air changes per hour. (14) Pot scrub area. Each pot scrub area shall have exhaust systems capable of providing 20 air changes per hour. (15) Heating and cooling. All mechanical equipment for heating and air movement shall be designed to provide a temperature level between 68 degrees Fahrenheit and 78 degrees Fahrenheit during the winter season. All staff and inmate program areas shall be air conditioned. Administrative segregation cells shall provide tempered air. sec.157.91. Program and Service Facilities. Adequate space is essential for the various programmatic, non-programmatic and service functions conducted on each unit. (1) Outdoor recreation. Inmates of different security levels shall not be commingled in outdoor or indoor recreation areas. An outdoor recreation area shall be provided specifically for each housing unit and shall accommodate all of the inmates at one time from within that housing unit. Outdoor recreation areas shall provide 100 net square per inmate and each yard shall have a maximum capacity of 200 inmates. (2) Indoor recreation. Indoor gymnasiums and/or covered exercise areas may be provided. They shall contain at least six square feet per inmate for the total number of inmates in the facility with a minimum ceiling height of 18 feet. Indoor or covered exercise areas shall contain not less than 1,000 square feet of unencumbered space. In the event indoor recreation is not provided, the outdoor areas must include covered weight lifting areas, handball walls, tables and seating for 10% of the inmates assigned to that recreation area, and other activity areas that are deemed appropriate for inmate exercise and recreation. (3) Administrative segregation recreation. Outdoor exercise areas for administrative segregation inmates shall accommodate one inmate and shall contain at least 350 square feet. The number of administrative segregation outdoor exercise areas shall be at least 8.0% of the number of cells. (4) Visiting. Non-contact visitation booths shall total .5% of the total inmate population. Sufficient space is provided for contact, attorney, and non- contact visitation. There is adequate space to permit the screening and searching of inmates and visitors. Appropriate hygiene facilities are contained in the areas allowing for convenient access consistent with security concerns. Space is provided for the proper storage of visitors' coats, handbags and other personal items not allowed into the visiting area. (5) Inmate programs. In units offering academic and vocational training programs, classrooms are designed in consultation with school authorities. Classrooms shall be designed for a maximum of 24 students and shall provide 35 square feet per student. Individual classrooms may be separated with a moveable partition to provide larger group meeting rooms. Inmate dayrooms may be utilized for classrooms when the only inmates in the class are those residing in that dayroom. (6) Library. Facilities shall contain a central library book repository of fiction and nonfiction reading and a separate legal resource library to meet the needs of the institutional staff and inmates. Book distribution may occur either in a central reading room or through a delivery system to the inmate housing areas. (7) Counseling. Facilities shall provide office space for counselors at the rate of one counselor per 150 inmates. Inmate counseling may occur in any other functional spaces (e.g., dayrooms of subject inmates, classrooms, multi-purpose rooms, etc.). (8) Food service and dining. Each facility shall provide a central kitchen for the daily preparation of meals in accordance with sec.157.45(12) of this title (relating to Food Service). Equipment and spaces shall be arranged to provide adequate security with the least number of corrections officers. (A) Food preparation. The size of the food preparation areas shall be determined by TDCJ and will be based on population size, type of food preparation and methods of meal service. (B) Food storage. Provide appropriate and sanitary facilities for both dry and/or refrigerated storage of all foods. (C) Dining facilities. Facilities shall provide central dining or shall provide meal service within the inmate housing area. Facilities which provide central dining shall insure that central dining areas accommodate a maximum seating capacity of 150 inmates. In all cases meals shall be served within two and one-half hours while giving each inmate 20 minutes of dining time for each meal. (D) Restrooms. Toilet and lavatory facilities are available to food service personnel and inmates in the vicinity of the food preparation area. (E) Staff dining. Facilities shall provide a dining area for institutional staff. (F) In-cell feeding. Meals may be served to inmates assigned to dormitories or multiple-occupancy cells either in central dining rooms or in their dayrooms. Inmates assigned to administrative segregation cells and medical isolation cells shall have their meals served in their cells. (G) Grease interceptor. Plumbing systems shall prohibit the introduction of excessive amounts of grease and/or suspended solids into the sewer system. (H) Hot storage. Provide secure storage space for controlled ingredients. (I) Shakedown. Provide shakedown area for inmate work crews. (J) Guard post. Provide guard posts in food preparation areas to maintain adequate supervision with the minimum security staff. (K) Security division. Provide appropriate secure divisions between functional areas of the kitchen and dining. (9) Housekeeping. Space is provided for janitorial closets which are accessible to activity and living areas. The closets provide space for a sink, cleaning implements and supplies in proportion to the spaces served. (10) Clothing and supplies. The unit provides space for the storage and issuance of clean clothing, bedding, cleaning supplies and other items required for daily operations. (A) Inmate property. Space is provided for storing authorized personal property and legal material of inmates safety and securely. (B) Facility storage. Facilities provide 2.5 square feet of storage space for spare per inmate for furniture, fixtures and equipment. (C) General storage. Facilities provide adequate space within each functional area for the storage of items used in that area. (11) Personal property. Space is provided for facility and general storage and for storing-authorized personal property and legal material of inmates safety and securely. (A) Inmate property. Space is provided for storing authorized personal property and legal material of inmates safety and securely. (B) Facility storage. Facilities provide 2.5 square feet of storage space for spare per inmate for furniture, fixtures and equipment. (C) General storage. Facilities provide adequate space within each functional area for the storage of items used in that area. (12) Mechanical and electrical equipment. Separate and adequate space is provided for mechanical and electrical equipment. (13) Inmate commissary. Adequate space is provided at each unit for an inmate commissary. The commissary should be centralized. (14) Inmate mail. Facilities shall provide adequate space to receive, sort and distribute incoming inmate mail and receive and forward outgoing inmate mail. (15) Health services. Based on the availability of outside services, TDCJ will determine the health service requirements of the facility. Facilities shall provide adequate space for the following functions subject to the TDCJ's determination. (A) Exam rooms. Provide examination and treatment rooms for medical, dental and mental health care large enough to accommodate the necessary equipment and fixtures, and to permit privacy for the inmate-patients. (B) Offices and storage. Provide sufficient space for pharmaceuticals, medical supplies and mobile emergency equipment and for storage of medical records. Provide office space with administrative files, writing desks and shelves for publications. (C) Psychiatric services. Provide private interviewing spaces, desks, chairs and lockable file space for the provision of psychiatric services. (D) Radiology and laboratory. If laboratory, radiological, inpatient or specialty services are provided on site, the area(s) devoted to any of these services is appropriately constructed and sufficiently large to hold equipment and records and for the provisions of the services themselves. (E) Waiting area. Provide a waiting area with seats, drinking water and access to toilets for inmate-patients during sick call. Provide separate and secure waiting areas for inmates undergoing medical in-processing. (F) Medical isolation cells. Medical isolation cells shall comply with sec.157.87(4) of this title (relating to Inmate Housing). (G) Review. Unless otherwise directed by the TDCJ, the design of health services facilities shall comply with the written review of the Texas Department of Health. (16) Centralized laundry. Based on the availability of outside laundry services, the TDCJ will determine which facilities shall provide central laundries. Space and equipment for the laundering of inmate clothing and bedding shall comply with the requirements of sec.157.47 of this title (relating to Sanitation and Hygiene). (17) Maintenance. Facilities shall provide secure and adequate space for equipment, materials storage, fabrication, repairs and administration for the maintenance of the physical plant and grounds. (18) Multi-purpose rooms. Facilities shall provide at least one multi-purpose room for each group of 200 inmates in the inmate housing unit. Each multi- purpose room shall contain at least 600 square feet. (19) Hair care services. Facilities shall provide space for hair care services at each inmate housing unit. Hair care services shall comply with applicable health regulations. (20) Interview rooms. Facilities shall provide at least one interview room per group of 100 inmates in the inmate housing units. Interview rooms shall contain at least 72 square feet. sec.157.95. Security. The physical plant and layout supports and enhances the secure and orderly function of each facility. The design of the facility shall minimize the number of corrections officers required to maintain adequate supervision through prudent arrangement of buildings and spaces. (1) Central control rooms. Every unit has a secure central control room which provides a 24-hour monitoring and coordinating of the security, safety and communications systems. This control room shall provide one hour protection from non-ballistic assault. Transparent glazing shall meet WMFL Level Two test standards for this criteria. The central control room shall provide access to a lavatory and toilet. (2) Control rooms. Areas containing groups of 200 or less inmates shall provide a secure control room. These control rooms provide for 24-hour monitoring and coordinating of the security, safety and communication system of that housing area group. These control rooms shall provide 30 minute protection from non-ballistic assault. Transparent glazing shall meet WMFL Level Three test standards for this criteria. (3) Pedestrian sallyport. All inmate areas are separated from public and staff areas with pedestrian sallyports consisting of two electronically interlocked doors such that both doors are not simultaneously open except in emergency. (4) Vehicle sallyport. All vehicle entrances at the security perimeter and inmate reception unloading areas shall be made secure by remotely controlled electrically operated doors or gates for entrance and exit. The doors or gates shall be electronically interlocked so that both sides of the vehicle sallyport are not open at the same time. (5) Security perimeter. The facility shall be enclosed with a perimeter fence at an average distance of 100 feet from buildings within the facility, but not less than 50 feet. The area between the buildings shall be devoid of trees and other features that obscure surveillance of this area by security staff. Facilities may provide guard towers to ensure full view by security staff of the entire length of the inner fence surface of the security perimeter. Guard towers shall be tall enough for mutual observation from all towers. The maximum distance between guard towers shall be 750 feet. Facilities located in a county designated as an "a" region by the Board of Criminal Justice are exempt from the secure perimeter fence requirement when structure walls encompass the entire security compound. Security systems such as intrusion systems or electronic systems may be used to enhance security at such a facility. (6) Entrances and exits. Pedestrians and vehicles enter and leave at designated points in the perimeter. Safety vestibules, turnout gates and sallyports constitute the only breaches in the perimeter of institutions. All inmate areas are separated from public areas by two electronically interlocked doors such that both doors are not simultaneously open except in emergency. These doors shall be operated from inside secure control rooms or from outside the perimeter security fences. (7) Security equipment storage. Firearms, chemical agents and other security items are stored in separate, but readily accessible unit armories which are outside inmate housing and activity areas. (8) Inmate reception. The TDCJ will determine if the facility provides inmate reception areas and, if so, they shall comply with the following standards. (A) Vehicle sallyport. A vehicle sallyport shall be situated at the inmate entrance to the inmate reception area. The sallyport shall accommodate a 46- passenger bus and the vehicle travel path shall provide for the door side of the bus to be adjacent to the building. (B) Holding rooms. Inmate reception areas shall provide holding rooms to accommodate the maximum number of inmates anticipated to arrive at one time. (C) Detoxification cells. Facilities shall provide one or more detoxification cells. (D) Shakedown area. Inmate reception areas shall provide an enclosed, heated area for an initial strip search of arriving inmates. (E) Property and necessities handling area. Inmate reception areas shall provide secure spaces for staff to receive and inventory inmate property and distribute necessities. (F) Barber area. Inmate reception areas shall provide adequate space and equipment to cut the hair of incoming inmates. (G) Showers. Inmate reception areas shall provide adequate showers in accordance with sec.157.87(20) of this title (relating to Inmate Housing). (H) Fingerprinting. Inmate reception areas shall provide adequate space and equipment for fingerprinting inmates. (I) Photo I.D. Inmate reception areas shall provide adequate space and equipment for the production of a photo identification card for each inmate. (J) Assessment. Inmate reception areas shall provide at least one private interview room of at least 64 square feet for the initial classification interview. (K) Incoming inmate property. Inmate reception areas shall provide adequate secure space for the storage, packing and shipment of incoming inmate property. (L) Incoming inmate necessities. Inmate reception areas shall provide adequate secure storage space for inmate necessities. (M) Reception waiting areas. Inmate reception areas shall provide adequate space and benches for inmates waiting for the various steps in their processing. (N) Pedestrian sallyports. Inmate reception areas shall be adjacent to and separated from multiple-occupancy inmate housing and classification processing areas with pedestrian sallyports. (O) Commingling. Inmate reception areas shall prohibit contact between processed and unprocessed inmates. (P) Security. The physical arrangement of spaces provides for adequate supervision of inmates by the least number of security staff from the time the inmates leave the bus until they leave the inmate reception area. (9) Visitor reception. The facility shall provide adequate space outside the security perimeter to receive public visitors. The visitor reception area shall contain public restrooms, a secure control room and a pedestrian sallyport through the security perimeter. (10) Administrative segregation inmate property. Facilities shall provide adequate space to temporarily store unauthorized inmate possessions while that inmate is assigned to administrative segregation. (11) Fire road. Facilities shall provide roads within the security perimeter affording fire fighting vehicles and equipment adequate access to all buildings. The distance from the fire road to the inner surface of the security perimeter shall be at least 30 feet. 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 March 25, 1994. TRD-9438139 Carl Reynolds General Counsel Texas Board of Criminal Justice Effective date: April 15, 1994 Proposal publication date: October 5, 1993 For further information, please call: (512) 463-9693