PROPOSED RULES Before an agency may permanently adopt a new or amended section or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before action is taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive action, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. 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 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Records and Reports 16 TAC sec.23.11, sec.23.12 The Public Utility Commission of Texas proposes amendments to sec.23.11, concerning due dates of reports and sec.23.12, concerning semi-annual and annual earnings reports. The proposed amendments make three changes to the current reporting requirements, as follows: (1) eliminate the requirement of a semi-annual earnings report for investor- owned electric and telephone utilities, (2) extend the due date for the annual filing, and (3) permit a utility to submit an abbreviated earnings report during a pending rate proceeding where a rate filing package is required. Scott Sapperstein, Assistant General Counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Sapperstein also has determined that for each year of the first five years the sections are in effect, the public benefit and the benefit to small businesses anticipated as a result of administering the proposed sections is the reduction in labor costs and consulting fees paid by utilities for preparation of reports. Additionally, the changes will allow the Commission to better prioritize its resources. Furthermore, the proposed changes result in no additional economic cost to those who are required to comply with the rule. Mr. Sapperstein also has determined the for each of the first five years the proposed amendments are in effect there will be no impact on employment in the geographical areas affected by implementing the requirements of the rules. The Commission is proposing these amendments in reponse to comments received from its Notice Seeking Public Comment on Changes to the Annual and Semi-annual Earnings Report published in the Texas Register on November 15, 1994 in the Addition Section (19 TexReg 9076). These changes will reduce the regulatory burden on utilities without impairing the Commission's ability to monitor jurisdictional utility earnings on an annual basis or to maintain a historical database of utility financial information. Comments on the proposed amendments (15 copies) may be submitted to John M. Renfrow, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, within 30 days after publication. Comments should refer to Project Number 13763. The amendments are proposed under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and sec.18 which authorizes the commission to adopt rules, policies, and procedures to protect the public interest and to provide equal opportunity to all telecommunication utilities in a competitive market. Cross Index to Statutes: Texas Civil Statutes, Article 1446c. sec.23.11. General Reports. (a)-(c) (No change.) (d) Due dates of reports. All periodic reports must be received by the commission on or before the following due dates unless otherwise specified in this section. (1)-(2) (No change.) (3) Annual
    [Semi-annual and annual] earnings reports: May 15 of each year
      [100 days after the end of the reported period]. (4)-(8) (No change.) (e)-(n) (No change.) (o) Annual
        [Semi-annual and annual] earnings report. Each utility shall report its [semi-annual and] annual earnings on forms prescribed by the commission as set out in sec.23.12 of this title (relating to Financial Records and Reports). (p) (No change.) sec.23.12. Financial Records and Reports. (a) (No change.) (b) Financial and operating reports. The following financial and operating reports shall be filed with the commission. (1) (No change.) (2) Annual
          [Semi-annual and annual] earnings report
            [reports]. Each utility shall file with the commission an earnings report providing the information required by the commission to enable it to properly monitor telephone and electric utilities within the state. Each utility shall report information related to the most recent calendar year
              [twelve months of operations] as specified in the instructions to the reports. Each utility shall file three copies of the commission-prescribed earnings report and shall electronically transmit one copy of the report no later than the date
                [dates] prescribed in sec.23.11 of this title (relating to General Reports). Abbreviated Filing. On the due date of the annual earnings report, each utility with a rate proceeding pending before the commission, pursuant to the Public Utility Regulatory Act s42 or sec.43, in which a rate filing package is required, may submit an abbreviated earnings report. Specifications for the abbreviated filing will be included in the General Filing Instructions for the annual earnings report. [(A) Telephone Utilities. [(i) Investor-owned utilities. Each investor-owned telephone utility shall file earnings reports on a semi-annual and annual basis. [(ii) Cooperatives. Each telephone cooperative shall file earnings reports on an annual basis. [(B) Electric Utilities. [(i) Investor-owned utilities. Each investor-owned electric utility shall file earnings reports on a semi-annual and annual basis. [(ii) Distribution Cooperatives, Generation and Transmission Cooperatives, and River Authorities. All electric distribution cooperatives, generation and transmission cooperatives, and river authorities shall file earnings reports on an annual basis.] (3)-(4) (No change.) (c) -(d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 19, 1995. TRD-9500806 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 458-0100 Part IV. Texas Department of Licensing and Regulation Chapter 75. Air Conditioning and Refrigeration Contractor License Law 22 TAC sec.75.100 The Texas Department of Licensing and Regulation proposes an amendment to sec.75.100 concerning licensing for air conditioning and refrigeration contractors. The amendment clarifies the types of duct work that require a license under the Act. The amendment will clarify what tasks performed by duct cleaners and companies that perform indoor air quality management require a license under the Act. James D. Brush, II, director, Policies and Standards Division, Texas Department of Licensing and Regulation, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Brush, II, also has determined that for each year of the first five years the section is in effect the public benefit will be greater protection for the consumer by requiring all work requiring an air conditioning and refrigeration license under the Act be either performed by or supervised and partially performed by qualified license holders. The cost for compliance for small and large businesses will be that the amendment requires some air quality management companies that have been performing certain tasks that require a license in the belief that they do not require a license to cease doing those particular tasks or to obtain a license under the Act. Obtaining a license will generally cost between $450 and $1,000, depending on the number of times the applicant takes to pass the licensure exam and how far from Travis County he resides. The business will be required to carry general liability insurance, but most business will already be carrying such insurance, and this will not be an additional cost. The cost to individuals will be the same as small businesses if an individual is operating as a contractor in a duct cleaning or air quality management company. Comments on the proposal may be submitted to James Brush, II, Director, Policies and Standards Division, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 8861, which authorize the department to license and regulate air conditioning and refrigeration contractors. The following is the Article that is affected by this rule: Rule 75.100 Article 8861, sec.3. sec.75.100. Technical Requirements. (a)-(c) (No change.) (d) Duct cleaning. (1) Duct
                  [Air duct] cleaning and air quality testing, including biomedical testing
                    may be performed by an unlicensed person or company if the task is limited to the air distribution system, from the discharge of the unit to the inlet of the unit, with no revisions, such as cutting, to the duct, and with no electrical connection. (2) Biomedical testing may be performed by an unlicensed person or company. Biomedical remediation requires a license. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 19, 1995. TRD-9500786 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 463-7357 TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners Chapter 185. Physician Assistants 22 TAC sec.185.7 (Editor's Note: The Texas State Board of Medical Examiners proposes for permanent adoption the amended sections it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The Texas State Board of Medical Examiners proposes an amendment to sec.185.7, concerning physician assistants. The proposed amendment will allow the executive director to issue a limited temporary license to a physician assistant whose file is substantially complete. Tim Weitz, general counsel, has determined that the fiscal implications as a result of enforcing or administering the section will be an increase in revenue estimated at $2,500 for fiscal year 1995. Mr. Weitz also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be to expedite the issuance of a temporary license. This would possibly place physician assistants more quickly in locations which would otherwise be without health care providers. There will be anticipated economic cost of $50 to some persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, Texas 78714-9134. A public hearing will be held at a later time. The amendment is proposed under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. Article 4495b-1 is affected by this amendment. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500901 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 834-7728 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.91.3 The Texas Youth Commission (TYC) proposes an amendment to sec.91.3, concerning rules of conduct, contraband and dress. The amendment will allow for TYC programs to require youth to wear their hair in a uniform style. John Franks, director of fiscal affairs, Texas Youth Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Franks also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to require hair styles for TYC youth to be appropriate to the specific TYC program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The amendment is proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. The proposed rule implements the Human Resource Code, sec.61.034. sec.91.3. Rules of Conduct, Contraband, and Dress. (a) (No change.) (b) Rules. (1)-(3) (No change.) (4) Hair. (A) With specific written justification, individual TYC programs may require all youth in the program to wear their hair in a uniform style. (B)
                      [(A)] Hair should be clean and well groomed and out of the eyes. (C)
                        [(B)] Boys hair may extend no lower than the collar of a dress shirt in the back or past the ear lobes on the side. (D)
                          [(C)] Youth should be clean shaven. (5) (No change. ) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 18, 1995. TRD-9500761 Steve Robinson Executive Director Texas Youth Commission Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 483-5244 Part V. Texas Board of Pardons and Paroles Chapter 141. General Provisions Registration of Visitors and Fee Affidavits 37 TAC sec.141.82 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.141.82, concerning those persons who are required to file a fee affidavit. The section is proposed for repeal because it requires all persons representing inmates or releasees under the jurisdiction of the board to file a fee affidavit before commencing their representation, whereas Code of Criminal Procedure, Article 42.18, sec.11 requires only representatives who will be compensated to file a fee affidavit. A new sec.141.82 is being proposed which will require that only compensated representatives complete a fee affidavit. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.11 is affected by this proposed repeal. sec.141.82. Fee Affidavits. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500844 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.141.82, which clarifies who is required to file a fee affidavit before commencing the representation of a person under the board's jurisdiction. The current version of sec.141.82, which is proposed for repeal by a separate submission, requires all representatives to file a fee affidavit. Statutory law found at Code of Criminal Procedure, Article 42.18, sec.11 requires only representatives to file a fee affidavit. The proposed new section has been drafted to correspond to the statutory requirement that only compensated representatives are required to complete a fee affidavit. Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.11 is affected by this proposed new section. sec.141.82. Fee Affidavits. (a) Any person who represents an inmate for compensation before the board or any of its members, before a parole panel, or any board employee for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the board, shall additionally submit before or at the time of such appearance a completed fee affidavit form. (b) The completed fee affidavit form shall state whether any fee has been, or is to be paid for his participation or services in the case and all other information required by Code of Criminal Procedure, Article 42.18, sec.11. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500845 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Subpoenas 37 TAC sec.141.101 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.141.101, concerning the issuance of subpoenas. The section is proposed for repeal because statutory law no longer provides that the board may issue subpoenas, only parole panels. By means of a separate submission a new sec.141.101 is being proposed. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.12 is affected by this proposed repeal. sec.141.101. Issuance. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500846 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.141.101, concerning the issuance of subpoenas. The section is being proposed to replace the current version of the rule that conflicts with statutory law found at Code of Criminal Procedure, Article 42.18, sec.12. Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.12, which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.12 is affected by this proposed new section. sec.141.101. Issuance. (a) A board panel may issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers, and documents as it may deem necessary for the investigation of the case of any person before it. (b) Subpoenas may be signed and oath administered by any member of the board. (c) When necessary to obtain the attendance of witnesses and/or the production of any of the items referred to in subsection (a) of this section at an administrative release (parole/mandatory supervision) hearing, the board may authorize hearing officers to cause the issuance of subpoenas signed by a board member in accordance with the law (Texas Code of Criminal Procedure, Article 42.18, sec.12). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500847 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Definitions of Terms 37 TAC sec.141.111 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.141.111, concerning the definitions used by the board in its TAC rules and regulations. The definitions are being repealed, updated and rewritten in proposed new sec.141.111 to be more clear and concise and, to reflect statutory changes made in board authority. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. No other code or amendment is affected by this proposed repeal. sec.141.111. Definitions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500849 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.141.111, concerning the definitions used by the board in its TAC rules and regulations. The new definitions have been revised and updated to be more understandable, and to reflect statutory changes in board authority. Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. No other code or amendment is affected by this proposed new section. sec.141.111. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Administrative release (parole/mandatory supervision) revocation hearing, administrative release revocation hearing, revocation hearing or violation hearing -Are synonymous terms for a hearing conducted under sec.sec.145.41- 145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)); and for hearings, sec.sec.147.1-147.7 of this title (relating to General Rules for Hearings); and sec.sec.147.21-147.28 of this title (relating to Evidence), to determine whether the board will enter an order revoking the administrative release or order some lesser sanction or recommend to the governor the revocation of the administrative release of any individual subject to executive clemency. Administrative releasee -A person released to parole or mandatory supervision and under the supervision of the TDCJ-Pardons and Paroles Division. The term also includes a person released on a conditional pardon. Area supervisor or regional supervisor-Are synonymous terms for the regional staff officer supervising the parole officer to whom the parolee reports. Board-The Texas Board of Pardons and Paroles. Community residential facility-A facility certified or in the certification process and under contract to the TDCJ for the provision of residential placement services to administrative releasees. Community residential facilities may also be referred to as halfway houses, residential treatment facilities, community residential reintegration programs, etc. Commutation of sentence-An act of clemency by the governor which serves to modify the conditions of a sentence. Conditional pardon -A form of executive clemency granted by the governor which serves to release the grantee from the conditions of his or her sentence and/or any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered, for the purposes of revocation thereof, to be an administrative releasee (see the definition of administrative releasee set forth in this section), and all such revocation proceedings are governed by the sections for revocation of administrative release, ssec.145.41-145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)). Constitutional and statutory references-Articles of the Texas Constitution, the Texas Code of Criminal Procedure, the Texas Civil Statutes, or Texas Penal Code. Contract of release-An order of the board, incorporating the terms and conditions of release (See "Parole Certificate"). Division-The Pardons and Paroles Division of the Texas Department of Criminal Justice. Executive committee -Six members appointed by the Chairman to perform duties as described in Texas Code of Criminal Procedure, Article 42.18, s6(c). Full pardon-An unconditional act of executive clemency by the governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby. Further investigation (FI)-An initial determination by a parole panel favorable to parole of an inmate, subject to additional investigation and processing. Hearing officer -A staff member designated by the board and assigned to conduct an administrative release revocation hearing concerning one or more allegations of violation of the terms and/or conditions of parole, mandatory supervision, or conditional pardon. Inmate-A person incarcerated in the TDCJ-Institutional Division, other penal institution, or jail serving a sentence imposed upon conviction of a felony. Mandatory supervision -The non-discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board panel may determine. A prisoner released to mandatory supervision is deemed as if on parole. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other. Mandatory supervision certificate-An order of the board or panel incorporating the terms and conditions of supervision. Mandatory supervision releasee and mandatory releasee -A person released from prison under mandatory supervision (see definition of "mandatory supervision" set forth in this section). A mandatory releasee is also an administrative releasee (see definition of "administrative releasee" set forth in this section). Pardon-See the definition of full pardon set forth in this section. Parole-The discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board or board panel may determine. Parole certificate -An order of the board or panel, incorporating the terms and conditions of release (See "Contract of Release"). Parole officer -A person duly appointed by the director of the TDCJ-Pardons and Paroles Division and assigned the duty of supervising administrative releasees. Parole panel-A three-member decision-making body authorized to act in administrative release matters. Parolee-A person released from prison on parole (see definition of parole set forth in this section). A parolee is also an administrative releasee (see definition of "administrative releasee" set forth in this section). Party-Each person or agency named or admitted as a party. Preliminary hearing -Hearing at which is determined whether probable cause exists to support an allegation of a parole violation, pending a revocation hearing. Pre-parole transfer -The transfer of an eligible prisoner, as defined in Texas Civil Statutes, Article 6166-4, to a community residential facility, as defined in Texas Civil Statutes, Article 6166-4. Qualified victim or victim-That person or relative of a deceased person or guardian of a person who, as the case may be, was a person victimized by the prisoner or inmate as a result of his crime of sexual assault, kidnapping, aggravated robbery, or who suffered bodily injury or death as the result of the criminal conduct and who has filed a victim impact statement as required by law and has requested notification from the board concerning release of the inmate and has kept the board informed in writing of any and all changes in permanent mailing address in a timely fashion. Release plan-Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee. Remission of fine or forfeiture-An act of clemency by the governor releasing the grantee from payment of all or a portion of a fine or cancelling a forfeiture of a bond. Reprieve-A temporary release from the terms of an imposed sentence. Restoration of rights of citizenship-A pardon limited to the restoration of the right to vote, which in turn restores any other civil rights conditioned upon the right to vote. Revocation-The cancellation of parole, mandatory supervision, or of a conditional act of executive clemency which subjects the administrative releasee or grantee of the act of executive clemency to immediate incarceration or, in the instance of reprieve of a fine, to immediate payment of the fine. Serve-all (SA) -A decision by a parole panel to deny parole with no regular subsequent reviews. Statutory references -See the definition of "constitutional and statutory references" set forth in this section. Trial officials -The present sheriff, prosecuting attorney, and district judge in the county and court of offense, conviction and release. Victim-A person who is a victim of sexual assault, kidnapping, aggravated robbery, or felony harassment or who has suffered bodily injury or death as the result of the criminal conduct of another, as defined in the Texas Code of Criminal Procedure, Article 42.18, sec.8. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500850 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Chapter 145. Parole Parole Process 37 TAC sec.145.2 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.145.2, concerning standard parole guidelines. The section is proposed for repeal because the board wishes to remove selected parts of this rule which quote statutory law and are considered to be surplus age. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.7 and sec.8(a)-(f) is affected by this proposed repeal. sec.145.2. Standard Parole Guidelines. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500851 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.145.2, concerning the standard parole guidelines. The proposed new section removes citations and quotations to statutory law which are found in the current version of the rule which is proposed for repeal. Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.7 and sec.8(a)-(f) is affected by this proposed new section. sec.145.2. Standard Parole Guidelines. (a) The parole decision-maker is vested with complete discretion in making parole decisions to accomplish the mandatory duties found in Code of Criminal Procedure, Article 42.18. (b) There are no mandatory rules or criteria upon which parole release decisions must be based. The parole decision-maker has the complete discretion to investigate a candidate for parole. (1) To assist the parole decision-maker in its investigation of a possible parole release, the board has adopted standard parole guidelines that are the basis, but not the exclusive criteria upon which parole decisions are made. (2) The standard parole guidelines shall include: (A) current offense or offenses; (B) time served; (C) the risk factors (consideration for public safety); (D) institutional Adjustment; (E) the criminal history; (F) official information supplied by trial officials including victim impact statements; (G) information in support of parole. (c) The adoption and use of the standard parole guidelines does not imply the creation of any parole release formula, or a right or expectation by an inmate to parole based upon the guidelines. A parole score and salient factor while utilized for research and reporting is not to be construed so as to indicate the parole decision. The standard parole guidelines shall serve as an aid in the parole decision process and the parole decision shall be at the discretion of the parole decision-maker. (d) The board is authorized to revise the standard parole guidelines as warranted. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500852 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.3 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.145.3, concerning policy statements relating to parole release decisions by the Board of Pardons and Paroles. The section is proposed for repeal because the board intends to adopt a new version of this rule by means of a separate submission which will more clearly redefine when the board may deny an inmate parole consideration based upon disciplinary conduct while incarcerated. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.7(a)(1) and (2), and sec.8(a)-(f) is affected by this proposed repeal. sec.145.3. Policy Statements Relating to Parole Release Decisions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500853 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.145.3, concerning policy statements relating to parole release decisions by the Board of Pardons and Paroles. The new section is proposed to update the policy statements found in the current version of sec.145.3 which is proposed for repeal under a separate submission. The proposed new rule is intended to more clearly define when the board may deny parole consideration based upon disciplinary conduct while incarcerated. The rule more clearly describes the parole process for inmates assigned to special programs which have an after-care component such as the Substance Abuse Felony Punishment Facility Program (SAFPF) or the In-Prison Therapeutic Community Program (IPTC). Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.7(a)(1) and (2), and sec.8(a)-(f) is affected by this proposed new section. sec.145.3. Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles.
                            To aid the Board of Pardons and Paroles in its analysis and research of parole release, the board adopts the following policies. (1) Release to parole is a privilege, not an inmate right, and the parole decision maker is vested with complete discretion to grant, or to deny parole release as defined by statutory law. (A) Candidates for parole are to be evaluated on an individual basis. (B) There are no mandatory rules or guidelines for analysis or set release criteria that must be followed in every case because each inmate is unique. (C) Since the board has the statutory duty to make release decisions which are only in the best interest of society, and when it thinks an inmate is able and willing to be a law abiding citizen, set guidelines are merely optional tools to aid in the completely discretionary parole decision. (2) An inmate will be considered for parole when he becomes statutorily eligible and/or meets the following criteria dealing with his behavior while incarcerated. (A) Other than on initial parole eligibility, the inmate must not have had a major disciplinary misconduct report in the six month period prior to the date he is reviewed for parole; which has resulted in loss of goodtime and/or reduction to a classification status below that assigned all inmates during the diagnostic process. (B) Other than on initial parole eligibility, at the time he is reviewed for parole the inmate must be classified in the same or higher time earning status assigned all inmates during the initial phase of the TDCJ-ID diagnostic process. (C) If any inmate who has received an affirmative vote to parole and following the vote, notification is received that the inmate has been reduced below initial classification status or has lost goodtime, the parole decision will be reviewed and revoted by the parole decision-maker. (D) An administrative release violator (parole or mandatory supervision violator) who has been revoked for technical reasons will be eligible for release to parole when he has been incarcerated for 12 months calendar time, to be computed from his date of return to custody as an administrative release violator. (E) An administrative release violator (parole or mandatory supervision violator) with a new felony conviction or convictions will be eligible for parole when he has served 12 months calendar time or has accumulated sufficient time to become eligible for parole on the new sentence, whichever is greater. (F) An inmate who is convicted of a felony offense committed while confined in the TDCJ-Institutional Division, or in a facility under the supervision of the TDCJ, or under contract to the TDCJ, in a jail in this state, a federal correctional institution, or a jail or correctional institution in another state will be considered eligible for parole after the inmate has served either three years flat time from the date the offense occurred or has served the new sentence in calendar days, whichever is less. (G) An inmate who is otherwise statutorily eligible for parole and who is charged with a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract to the TDCJ will not be released to parole until the felony charge is finally adjudicated and the board notified of the final disposition for appropriate board action. (H) An inmate may be approved for parole under the condition that he complete the In-Prison Therapeutic Community Program (IPTC) or Substance Abuse Felony Punishment Facility Program (SAFPF) and any requirements of those programs, such as after-care. An inmate approved for parole under these conditions will be reconsidered if he fails to complete the requirements of a special treatment/educational program, to include after-care components of the program. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500854 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.12 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.145.12, concerning various actions that a parole panel may take after reviewing a case for parole release. The section is proposed for repeal because the board by means of a proposed new rule, wishes to more clearly describe the result of certain voting actions. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.7(a) and sec.8(a)-(f) is affected by this proposed repeal. sec.145.12. Initial Action Upon Review. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500856 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.145.12, concerning the various actions that a parole panel may take after reviewing a case for parole release. The new section is proposed because it describes better than current sec.145. 12 what certain parole panel actions mean. Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure Article 42.18, sec.7(a) and sec.8(a)-(f) is affected by this proposed new section. sec.145.12. Action Upon Review. A case reviewed by a parole panel for parole consideration may be: (1) deferred for request and receipt of further information; (2) denied a favorable parole action at this time and set for review on a future specific month and year (Set-Off). The next review docket date (Month/Year) may be set at any date in the three year incarceration period following the prior parole docket date, but in no event shall it be less than one calendar year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed; (3) denied parole with no regular subsequent reviews to be ordered (Serve- All), but in no event shall this be utilized if the inmate's minimum expiration date is over three years from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed; (4) determined that the total situation seems to favor the inmate's release on parole and further investigation (FI) is ordered in the following manner: (A) FI-1-release when eligible; (B) FI-2 (Month/Year) -release on a specified future date within the three year incarceration period following either the prior parole docket date or date of the panel decision if the prior parole docket date has passed; (C) FI-3-transfer to Pre-Parole Transfer facility prior to initial parole eligibility, and release to parole on parole eligibility date; (D) FI-4 (Month/Year)-transfer to PreParole Transfer facility prior to presumptive parole date set by board panel and release to parole supervision on presumptive parole date, but in no event shall that date be set more than three years from either initial eligibility date, current docket date or date of panel decision, if the aforementioned dates have passed; (E) FI-5-transfer to In-Patient Therapeutic Community Program. Release to aftercare component only after completion of IPTC program; (F) FI-6 (Month/Year)-transfer to In-Patient Therapeutic Community Program on a specified date, but in no event shall that date be set more than three years from either initial eligibility date, current docket date or date of panel decision, if the aforementioned dates have passed; release to aftercare component only after completion of the IPTC program; (5) if in special review or group review status, a case may be ordered to remain set or placed in further investigation (FI) status. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500855 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.16 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.145.16, concerning various actions that a parole panel may take upon review of additional information. The section is proposed for repeal because by means of a separate submission, the board is proposing new sec.145.16, which more concisely describes the options available for panel action. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.7 and sec.8(a)-(f) and (h) is affected by this proposed repeal. sec.145.16. Action Upon Review of Additional Information. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500858 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles proposes new sec.145.16, concerning the various actions that a parole panel may take upon review of additional information sent to the board by trial officials or victims. The new section is proposed because it more clearly and concisely describes the options available to the board, than the current version of sec.145.16 which is proposed for repeal. Michael F. Miller, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Miller also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The new section is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure Article 42.18, sec.7 and sec.8(a)-(f) and (h) is affected by this proposed new section. sec.145.16. Action Upon Review of Additional Information. (a) Responses received from trial officials and/or victims on a parole approved case shall be referred to a parole panel for review and decision. A case reviewed by a parole panel may then: (1) be continued in parole approval status with or without additional conditions of release imposed; (2) have parole approval withdrawn and the next parole docket date set by the parole panel in accordance with the provisions of sec.145.12 of this title (relating to Action Upon Review). (b) Responses requesting special review or any other additional information received on a parole denied case may be referred to a parole panel for review and decision. (1) If the board or board panel denies parole, and a board member on that panel desires to reconsider the panel decision prior to the new review date, the member may request in writing that the case be resubmitted for special review to the original board panel that denied parole. The Executive Committee Panel shall place the case in special review and submit to the original board panel for consideration. (2) If the Executive Committee Panel receives additional information on a case denied parole prior to the scheduled review date, the case may be resubmitted for special review to the original board panel that denied parole. (3) If a case is referred back to the original board panel, that panel may then: (A) order remain set; or (B) place in further investigation (FI) status. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500857 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Terms and Conditions of Parole 37 TAC sec.145.25 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.145.25, which concerns visits to penal institutions by parolees who are under active supervision. The section is proposed for repeal because the control of visitors to penal institutions is left to the discretion of the Texas Department of Criminal Justice rather than the Board of Pardons and Paroles. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. No other code or amendment is affected by this proposed repeal. sec.145.25. Visits to Penal Institutions by Parolees Under Active Supervision. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500859 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Chapter 149. Mandatory Supervision Rules and Condtions of Mandatory Supervision 37 TAC sec.149.4 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.149.4, concerning visits to penal institutions by Mandatory Supervision releasees. The section is proposed for repeal because the control of visitors to penal institutions is left to the discretion of the Texas Department of Criminal Justice rather than the Board of Pardons and Paroles. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. No other code or amendment is affected by this proposed repeal. sec.149.4. Visits to Penal Institutions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500860 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Selection for Mandatory Supervision 37 TAC sec.149.11 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.149.11, concerning the board's duty to order the release of prisoners to Mandatory Supervision. The section is proposed for repeal because this rule unnecessarily duplicates statutory law found at Code of Criminal Procedure, Article 42.18, sec.8(c). Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. The Code of Criminal Procedure, Article 42.18, sec.8(c) is affected by this proposed repeal. sec.149.11. Release Order. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500862 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.149.15 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.149.15, concerning the early release of prisoners to Mandatory Supervision. The section is proposed for repeal because the relevant statutory authority for this type of release has been repealed. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. There are no current statutory references. A former version of Code of Criminal Procedure, Article 42.18, sec.8(c) providing for early release of prisoners to Mandatory Supervision has been repealed. sec.149.15. Early Release. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500861 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.149.17 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.149.17, concerning visits to penal institutions by Mandatory Supervision releasees. The section is proposed for repeal because the control of visitors to penal institutions is properly within the discretion of the Texas Department of Criminal Justice rather than the Board of Pardons and Paroles. Michael F. Miller, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Miller also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be inapplicable as the public is relatively unaffected by this particular section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeal is proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. No other code or amendment is affected by this proposed repeal. sec.149.17. Visits to Penal Institutions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500863 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 Chapter 150. Memorandum of Understanding and Board Policy Statements Published Policies of the Board 37 TAC sec.sec.150.51, 150.52, 150.54, 150.58 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Pardons and Paroles proposes the repeal of sec.sec.150.51, 150.52, 150.54, and 150.58, concerning board's AIDS policy, sexual harassment policy, smoking policy, and discrimination policy. The sections are proposed for repeal because they more appropriately should appear in personnel policies and procedures rather than the Rules of the Board. Michael F. Miller, general counsel, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Miller also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be inapplicable as the public is relatively unaffected by these particular sections. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to the Board of Pardons and Paroles Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. The repeals are proposed under Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with authority to promulgate rules consistent with the Code. No other code or amendment are affected by the proposed repeals of the sexual harassment and smoking policies. The Health and Safety Code, sec.85.115 (AIDS) is affected by the AIDS Policy. The Code of Criminal Procedure, Article 42.18, sec.3; and Texas Penal Code, sec.39.02 is affected by the Discrimination Policy. sec.150.51. AIDS Policy. sec.150.52. Sexual Harassment Policy. sec.150.54. Smoking Policy. sec.150.58. Discrimination Policy. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1995. TRD-9500864 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Earliest possible date of adoption: February 27, 1995 For further information, please call: (512) 406-5613 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XIX. Texas Department of Protective and Regulatory Services Chapter 736. Memoranda of Understanding with Other State Agencies Memorandum of Understanding for Coordinated Services to [Multiproblem] Children and Youths [Youth] 40 TAC sec.736.701 The Texas Department of Protective and Regulatory Services (TDPRS) proposes an amendment to sec.736.701, concerning coordinated services for children and youths, in its Memoranda of Understanding with Other State Agencies (MOU) chapter. The purposes of the amendment are to: add the Texas Department of Human Services (TDHS) and the Texas Interagency Council on Early Childhood Intervention (ECI) to the agencies participating in the MOU; replace the term "multiproblem children and youth" with the term "children and youths with multi- agency needs"; generally improve the clarity and directness of the MOU; and require participating agencies to work with the Texas Health and Human Services Commission to ensure that the commission's strategic plan includes appropriate plans for delivering coordinated services to children and youths with multi- agency needs, and help the commission identify and remedy structural problems, gaps, and inefficiencies in the state's systems for delivering health and human services to children and youths with multi-agency needs. The chief executive officers of the agencies participating in the MOU have all signed the amended MOU. Jerry Abel, chief fiscal officer, has determined that for the first five-year period the proposed section will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Abel also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to ensure that children and youths with multi-agency needs receive effective coordinated services from TDPRS, the Texas Commission for the Blind (TCB), the Texas Department of Health (TDH), TDHS, the Texas Department of Mental Health and Mental Retardation (TXMHMR), the Texas Education Agency (TEA), ECI, the Texas Juvenile Probation Commission (TJPC), the Texas Rehabilitation Commission (TRC), and the Texas Youth Commission (TYC) . There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of the proposal may be directed to Pam Rodgers at (512) 450-3144 in TDPRS's Office of Protective Services for Families and Children. Written comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Media and Policy Services-163, Texas Department of Protective and Regulatory Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendment is proposed under Texas Civil Statutes, Article 4413(503) historical note (Vernon Supplement 1993), 72nd Legislature, which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (TDHS) to the Texas Department of Protective and Regulatory Services; and which established the Health and Human Services Commission as the state agency with primary responsibility for ensuring the delivery of state health and human services in a manner that emphasizes coordination, flexibility, and decision making at the local level; and which requires the Health and Human Services Commission to develop a coordinated, six-year strategic plan for providing health and human services in Texas, and to update the plan every two years. The amendment implements the Human Resources Code, Title 2, Chapter 41, which authorizes TDPRS to enter into a memorandum of understanding with the TCB, TDH, TDHS, TXMHMR, TEA, ECI, TJPC, TRC, and TYC regarding the coordination of services to multiproblem children and youths. sec.736.701. Coordinated Services for [Multiproblem] Children and Youths [Youth]. (a) Overview. (1) Pursuant to the Texas Human Resources Code, sec.41.0011, this memorandum of understanding has been developed by the Texas Department of Protective and Regulatory Services (TDPRS), Texas Commission for the Blind (TCB), Texas Department of Health (TDH) , Texas Department of Human Services (TDHS),
                              Texas Department of Mental Health and Mental Retardation (TXMHMR), Texas Education Agency (TEA), Texas Interagency Council on Early Childhood Intervention (ECI),
                                Texas Juvenile Probation Commission (TJPC), Texas Rehabilitation Commission (TRC), and Texas Youth Commission (TYC), hereinafter referred to as "the agencies," in consultation with advocacy and consumer groups. (2) The memorandum, as adopted by rule by each agency, provides for the implementation of a system of community resource coordination groups, hereinafter referred to as coordination groups, to coordinate services for [multiproblem] children and youths
                                  [youth] who need services from more than one agency, hereinafter referred to as "children and youths with multi-agency needs" or, more briefly, as "children and youths." (3) All coordination groups established pursuant to this memorandum must conform to the Model of Community Resource Coordination Groups (CRCG model) approved by the Commission on Children, Youth, and Family Services on April 27, 1990. This model is adopted by reference and may be obtained from: (A)-(C) (No change.) (D) TDHS, 701 West 51st Street, Austin, Texas 78751; (E)
                                    [(D)] TXMHMR, 909 West 45th Street, Austin, Texas 78756; (F)
                                      [(E)] TEA, 1701 North Congress Avenue, Austin, Texas 78701; (G) ECI, 1100 West 49th Street, Austin, Texas 78756; (H)
                                        [(F)] TJPC, 2015 South I.H. 35, Austin, Texas 78741; (I)
                                          [(G)] TRC, 4900 North Lamar Boulevard, Austin, Texas 78751; or (J)
                                            [(H)] TYC, 4900 North Lamar Boulevard, Austin, Texas 78751. (4) As specified in subsection (c)(5) of this section, this memorandum also requires the agencies, the coordination groups, and the Texas Health and Human Services Commission, hereinafter referred to as "the commission," to work together to ensure that the commission's strategic plan for delivering health and human services in Texas includes appropriate plans for delivering coordinated services to children and youths. (b) Role of the family. Although the primary purpose of this memorandum is to establish a system for interagency coordination of services to [multiproblem] children and youths
                                              [youth] , the agencies: (1)-(2) (No change.) (c) Each agency's financial and statutory responsibilities. (1) Each agency's financial and statutory responsibilities for [multiproblem] children and youth are described in Health and Human Services in Texas: A Reference Guide
                                                , published by the commission
                                                  [Health and Human Services Commission]. (2) Each agency agrees to provide [all] coordination groups with relevant additional information about its financial and statutory responsibilities when such information is necessary for the groups to meet their responsibilities
                                                    . The additional information may include, but is not limited to, descriptions of subcategories of funding for different types of service such as investigation, risk prevention, family preservation, emergency shelter, diagnosis and evaluation, residential care, follow-up services after a stay in residential care
                                                      [after-care], and information and referral assistance. (3) Whenever necessary in particular cases,
                                                        [The] coordination groups are responsible for further clarifying the agencies' financial and service responsibilities [in individual cases]. (4) (No change.) (5) To the extent that operating under this memorandum helps the agencies to identify structural problems, gaps, and inefficiencies in the state's systems for delivering health and human services to children and youths with multi- agency needs, the agencies agree to give the commission information about the problems, gaps, and inefficiencies so identified. The agencies also agree to ask the coordination groups to provide such information. The commission, in turn, will appropriately incorporate information provided by the agencies and the coordination groups into the commission's strategic plan. (d) Children and youths with multi-agency needs.
                                                          [Multiproblem children and youth.] For the purpose of this memorandum, a [multiproblem] "
                                                            child or youth with multi-agency needs"
                                                              is a person who: (1)-(3) (No change.) (4) needs services that require
                                                                [has multiagency needs that cannot be met without] interagency coordination. (e) (No change.) (f) Eliminating duplication of services. Within the limits of existing legal authority, each coordination group must make reasonable efforts to eliminate duplication of services relating to the assessment and diagnosis, treatment, residential placement and care, and case management of [multiproblem] children and youths
                                                                  [youth] with multi-agency needs
                                                                    . Each agency agrees to notify the governor's office about federal laws and regulations that cause duplication of services. Each agency also agrees to notify its board about rules that cause duplication of services, and to pursue amendments to state laws, rules, and policies when necessary to eliminate such duplication. (g) Interagency dispute resolution. (1) Each agency must designate a negotiator
                                                                      [representative] who is not a member of any coordination group to resolve disputes. The negotiator
                                                                        [representative] must have: (A) decision-making authority over the agency's representative on
                                                                          [liaison to] the coordination group; and (B) (No change.) (2) When two or more members of a coordination group disagree about their respective agencies' service responsibilities, the coordination group must send the designated negotiators for those agencies written notification that a dispute exists. Within 45 days after receiving the written notification, the negotiators must confer together to resolve the dispute.
                                                                            [When an interagency dispute arises about the agencies' respective service responsibilities, the representatives of the agencies involved in the dispute must collectively review and resolve it within 45 days of receiving written notification from the coordination group that the dispute exists.] (3) (No change.) (h) Composition of coordination groups. Each coordination group must include one appointed representative from each participating state agency, and as many as five local representatives from the private sector. The private-sector representatives must be selected by their peers from private-sector agencies serving youths
                                                                              [youth] in the geographical
                                                                                area [that] the coordination group serves. The private-sector representatives have the same status as state-agency representatives. The organizations they represent are considered
                                                                                  [are recognized as representatives of] member agencies of the coordination group, and they
                                                                                    are encouraged to present cases from the private sector. (i) Case identification and referral. Each coordination group must implement the procedures for identifying and referring cases
                                                                                      [case identification and referral] specified in the CRCG model. Any member of a
                                                                                        coordination group [member] may refer the case of
                                                                                          any eligible child or youth to the coordination group if
                                                                                            [when] the referring member's agency cannot otherwise provide or arrange all the services the child or youth needs. (j) Convening coordination group meetings. Any member of a coordination group may convene a coordination group meeting pursuant to subsection (i)
                                                                                              [(h)] of this section. Each coordination group must establish procedures for scheduling meetings. (k) Permissible nonattendance. A member agency's representative
                                                                                                [agency] may be excused from attending a coordination group meeting if the coordination group determines that the member agency's service responsibilities do not apply to the child or youth whose services will be discussed at the meeting [, as specified in Item 7b of the "Guiding Principles" in the CRCG model]. (l) Sharing confidential information. The members of each coordination group must treat all information about children and youths
                                                                                                  [youth] discussed at the group's meetings as confidential. Each member agency must ensure that the coordination group complies with the agency's legal requirements concerning disclosure of confidential records and information. When necessary, compliance may include case-by-case documentation of all parties reviewing a child's or youth's records. (m)-(n) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 19, 1995. TRD-9500802 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Proposed date of adoption: April 1, 1995 For further information, please call: (512) 450-3765