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 1. ADMINISTRATION Part VII. State Office of Administrative Hearings Chapter 161. Requests for Records 1 TAC sec.161.1 The State Office of Administrative Hearings adopts on an emergency basis sec.161.1, concerning charges for copies of public records. Section 161.1 provides a framework within which the State Office of Administrative Hearings may recover the cost to provide copies of open records to persons requesting the copies. The section also sets forth the State Office of Administrative Hearings' option to waive these charges. The section is adopted on an emergency basis to comply with actions taken by the 73rd Legislature in House Bill 1009 in relation to Texas Civil Statutes, Article 6252-17a, which requires agencies to adopt rules specifying charges for copies of open records, and to comply with 1 TAC sec.111.64, which requires the adoption of such rules no later than August 31, 1994. sec.161.1. Charges for Copies of Public Records. (a) The charge to any person requesting photocopied reproductions of any readily available record of the State Office of Administrative Hearings will be the charges established by the General Services Commission which are codified at 1 TAC sec.sec.111.61-111.70 (effective April 22, 1994). (b) The State Office of Administrative Hearings may waive these charges if there is a public benefit. The Chief Administrative Law Judge is authorized to determine whether a public benefit exists on a case-by-case basis. Issued in Austin, Texas, on August 2, 1994. TRD-9446028 Shelia A. Bailey Deputy Chief Administrative Law Judge State Office of Administrative Hearings Effective date: August 3, 1994 Expiration date: December 1, 1994 For further information, please call: (512) 475-4993 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XI. Texas Juvenile Probation Commission Chapter 345. Community Corrections Assistance Program 37 TAC sec.345.2 The Texas Juvenile Probation Commission (TJPC) adopts on an emergency basis an amendment to sec.345.2, concerning the setting of commitment performance targets for each juvenile board. The section adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The section is adopted on an emergency basis to ensure that a greater number of juvenile-age children are immediately impacted by the allocation of the Community Corrections Funds. The amendment is adopted on an emergency basis under Texas Human Resources Code, sec.sec.141.001, 141.041, and 141.042 which provides the commission with the authority to improve the effectiveness of juvenile services, provide alternatives to commitment of juveniles by providing financial aid to juvenile boards to establish and improve probation services, and adopt rules for these purposes. sec.345.2. Purpose. (a)-(g) (No change.) (h) TJPC will annually calculate the commitment performance target for each juvenile board based on a formula to be selected by the Commission. TJPC shall provide proper notice and public hearing to all juvenile probation departments affected by said performance targets prior to adoption of any new performance target calculation formula.
    [TJPC determines the commitment performance target for each juvenile board based on the board's average number of commitments to TYC for the years 1988-1991. The commitment performance target begins at a 10% reduction of this average, but the reduction may increase, depending on the juvenile board's past performance, measured in three ways: [(1) if 75% or less of a juvenile board's commitments for 1991 were within the ideal criteria for commitment, then two percentage points are added to the juvenile board's percent reduction; [(2) if a juvenile board's actual average number of commitments in the years 1988-1991 is greater than the number derived when the whole state's average number of commitments for 1988-1991 is multiplied by the juvenile board's percent of the state's juvenile age population, then two percentage points are added to the juvenile board's percent reduction; and [(3) if a juvenile board's average number of commitments for the years 1988- 1991 is more than 3.0% of its average number of delinquent referrals for those years, then one and one-half percentage points are added to the juvenile board's percent reduction. [(4) TJPC will annually adjust individual juvenile board's performance targets according to fluctuations in the number of delinquent referrals.] (i) (No change.) Issued in Austin, Texas, on August 2, 1994. TRD-9445962 Bernard Licarione Executive Director Texas Juvenile Probation Commission Effective date: August 2, 1994 Expiration date: December 1, 1994 For further information, please call: (512) 443-2001