EMERGENCY RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 25. HEALTH SERVICES 
 Part II. Texas Department of Mental Health and Mental Retardation 
  Chapter 401. System Administration 
  
  Subchapter A. Advisory Committees 
 
  25 TAC sec.401.25 
 
  The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts 
on an emergency basis new sec.401.25, concerning advisory committees. The new 
section adopted on an emergency basis is contemporaneously proposed for public 
comment in this issue of the Texas Register. 
 The purpose of the emergency adoption is to recognize a newly created advisory 
task force concerning equity of access to mental health and mental retardation 
services. The new section outlines the purpose, tasks, and duration of the 
committee, which is subject to all other requirements of the subchapter. 
 The new section is adopted on an emergency basis under Texas Civil Statutes, 
Article 6252-13a, sec.5(d), which provide emergency rulemaking powers, and under 
the Texas Health and Safety Code, sec.532.015 (Texas Civil Statutes, Article 
5547-202, sec.2.11), which provides the Texas Board of Mental Health and Mental 
Retardation with rulemaking powers. 
 
 
  sec.401.25. Equity of Access Task Force. 
 
  (a) The purpose of the Equity of Access Task Force is to explore and develop 
recommendations for a fair, sensible statewide policy to improve the equity of 
access to TXMHMR services for those Texans with mental illness and mental 
retardation who need them. 
   
  (b) Tasks of the Equity of Access Task Force include identifying: 
 
  (1) the principles which should drive such a policy; 
   
  (2) the scope of any equity pool; 
   
  (3) the factors which should be considered in such a policy; 
   
  (4) a process for implementation of such a policy; and 
   
  (5) the policy supports necessary for implementation. 
     
  (c) This advisory committee shall be abolished August 31, 1995, unless 
reauthorized. 
 
  Issued in Austin, Texas, on May 13, 1994. 
 TRD-9440872 
  Ann K. Utley 
 Chairman 
 Texas Mental Health and Mental Retardation Board 
    Effective date: May 13, 1994 
 Expiration date: September 11, 1994 
 For further information, please call: (512) 206-4516 
         
                   
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part VI. Texas Department of Criminal Justice 
  Chapter 152. General Allocation Rules 
  
  Subchapter A. Institutional Division Admissions 
 
  37 TAC sec.152.2 
 
  The Texas Department of Criminal Justice adopts on an emergency basis an 
amendment to 37 TAC sec.152.2, concerning allocation of admissions to temporary 
facilities for the purpose of alleviating county jail crowding. Dangerously high 
population levels in many jails in the state have created conditions leading to 
both potential and actual outbreaks of disease and inmate disturbances, 
justifying emergency action. The amendment describes the method of calculating 
the allocation of admissions by targeting those county jails with the most 
critical levels of crowding. Admissions to a total of 1,200 temporary beds will 
be governed by this provision, which will operate through the summer of 1994, 
and the amendment is only needed for that time frame, so there is no 
simultaneous proposal of this language for permanent adoption. 
 The amendment is adopted on an emergency basis under the Government Code, 
sec.499.101, et seq, governing allocation of admissions, and by the Government 
Code, sec.492.013, which gives the Board of Criminal Justice general authority 
to adopt rules. 
 
 
  sec.152.2. Definitions and Exceptions. 
 
  (a)-(b) (No change.) 
   
  <nl>(c) As an exception to sec.152.3 of this title (relating to Allocation 
Formula), the institutional division shall utilize the following procedure for 
allocation of admissions to 1,2000 temporary beds beginning on June 1, 1994. 
Only counties that did not accept funding from the department in April for 
construction and operation of their own temporary beds, that are in excess of 
100% of capacity, and that have a paper-ready felon population in excess of 20% 
of capacity, are eligible for allocation of admissions under this subsection. 
Capacity levels are determined by the Commission on Jail Standards. The 
allocation shall be calculated by determining the number of beds that would be 
necessary to bring all eligible counties to 100% of capacity, treating that 
result as the denominator and each individual county's share of the total as the 
numerator, and applying each county's resultant percentage by multiplying by the 
total of 1,200 beds. 
 
  Issued in Austin, Texas, on May 16, 1994. 
 TRD-9440926 
  Carl Reynolds 
 General Counsel 
 Texas Board of Criminal Justice 
    Effective date: June 1, 1994 
 Expiration date: September 29, 1994 
 For further information, please call: (512) 463-9693