EMERGENCY RULESAn 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 4. AGRICULTURE PART I. Texas Department of Agriculture CHAPTER 20.Cotton Pest Control SUBCHAPTER C.Stalk Destruction Program 4 TAC sec.20.22 The Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.20.22, concerning the authorized cotton destruction date for Pest Management Zone 1. The department is acting on behalf of cotton farmers in Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Willacy, Zapata and the southern part of Kenedy County encompassing the area below an east-west line through Katherine and Armstrong, Texas. The current cotton destruction deadline is September 1. The cotton destruction deadline will be extended through September 15. The department believes that changing the cotton destruction date is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for all counties in Pest Management Zone 1. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from cotton destruction by the September 1 deadline. A failure to act to extend the cotton destruction deadline could create a significant loss to Texas cotton producers and the state's economy. The department believes that extending the cotton destruction deadline in the counties in Pest Management Zone 1 as requested will not result in a significant increase in pest populations in the zone. The emergency amendment to sec.20.22(a) will extend the date for cotton destruction through September 15 of this year in Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Willacy, Zapata and the southern part of Kenedy County encompassing the area below an east-west line through Katherine and Armstrong, Texas. The amendment is adopted on an emergency basis under Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the effective enforcement and administration of Chapter 74, Subchapter A; and sec.74.004, which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other parts, and products of host plants for cotton pests and provides the department with the authority to consider a request for a cotton destruction extension due to adverse weather conditions; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.20.22.Stalk Destruction Requirements. (a) Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows: Figure: 4 TAC sec.20.22(a) (b)-(c) (No change.) Issued in Austin, Texas, on August 30, 1996. TRD-9612678 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Expiration date: September 23, 1996 For further information, please call: (512) 463-7583 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) adopts on an emergency basis the repeal of sec.91.3, concerning rules of conduct, contraband and dress. This section is being repealed to allow for the emergency adoption of a new replacement section. This section is adopted on an emergency basis to allow for the adoption of a new rule which sets behavioral rules for youth under TYC jurisdiction. The repeal is adopted on an emergency basis under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission authority to make rules appropriate to the accomplishment of its functions. sec.91.3.Rules of Conduct, Contraband and Dress. Issued in Austin, Texas, on August 30, 1996. TRD-9612742 Steve Robinson Executive Director Texas Youth Commission Effective date: August 30, 1996 Expiration date: December 30, 1996 For further information, please call: (512) 483-5244 The Texas Youth Commission (TYC) adopts on an emergency basis new sec.91.3 concerning rules of conduct, contraband and dress. The new rule provides a list of behavioral rules that when violated, a TYC youth may receive a disciplinary consequence. The act of absconding from the assigned home placement in the community is being included in the list. This section is adopted on an emergency basis to allow TYC staff to remove a youth from the community when the youth has left his assigned residential placement and his/her whereabouts are unknown. Imminent peril in the form of increased risk to the community exists when a TYC youth has intentionally violated the rules under which he/she has been allowed to return home. The section is adopted on an emergency basis under the Human Resources Code, sec.61.034 which provides the Texas Youth Commission authority to make rules appropriate to the proper accomplishment of its functions. sec.91.3.Rules of Conduct, Contraband and Dress. (a) Purpose. The purpose of this rule is to establish rules of conduct, contraband and dress youth will be expected to follow agencywide. Violations of the rules result in disciplinary consequences that are proportional to the severity and extent of the violation and follow appropriate due process. (b) Texas Youth Commission (TYC) facilities and programs shall maintain youth discipline to the extent necessary to keep order and provide a safe and constructive environment for youth, staff and visitors. (c) Rules in this policy may be restated in greater detail or otherwise adapted to accommodate a particular program in order to help clarify expected behavior in that program. All adapted or restated rules shall remain consistent with the general rules of conduct. (d) The rules are posted in a conspicuous area accessible to youth in each facility and program. (e) Rules of Conduct. It is a violation to knowingly violate or attempt to violate or help someone else violate any of the Rules of Conduct. Repeated violations of any rule of conduct will result in more serious disciplinary consequences. (1) A major rule violation is any of the following acts for which major consequences may be levied. Major consequences include referral to criminal court, disciplinary movement and/or reclassification and/or assignment of a minimum length of stay. (A) Violate any law of Texas or of the United States (B) Escape or attempt escape or abscond (C) Cause physical pain or bodily injury to one's self or to another person (D) Possess a weapon (E) Inhale, ingest or otherwise consume or import into the body any controlled substance or intoxicant, or refuse to take a drug test (F) Intentionally damage or destroy property which causes a loss of $100 or more (G) Fail on two or more occasions to comply with the conditions of release under supervision and/or a written reasonable request of staff that is either present in the ICP or is validly related to previous high risk behavior. (2) Minor misbehavior is willful behavior which breaks rules for which minor consequences, called on-site disciplinary consequences, may be levied. Minor consequences include loss of privileges, restriction, or confiscation of contraband. Minor misbehaviors are: (A) Take, use or damage property without proper permission (B) Possess items instructed not to possess including contraband (C) Be with someone told not to be with (D) Threaten to cause harm to someone (E) Engage in inappropriate physical or sexual contact (F) Engage in tattooing self or other or ear piercing (G) Engage in setting a fire without permission from staff (H) Lend, borrow, or trade personal property without permission from staff (I) Curse or use disrespectful language or behavior toward another (J) Fail to report to someone in authority when told to do so (K) Enter restricted areas without proper permission (L) Use or possess tobacco in places where it is prohibited (M) Disrupt an authorized activity (N) Deliberately disobey a reasonable request of staff (O) Miss scheduled activities or curfew time (P) Gamble (Q) Fail to follow the dress code (R) Fail to report others' misconduct (f) Contraband. Consistent with the Rules of Conduct, youth in a residential program which is under contract to TYC or operated by TYC shall not have contraband. Contraband items will be confiscated and disposed of in accordance with GOP.71.03, sec.93.23 of this title relating to Disposition of Unauthorized Items Seized. Contraband includes: (1) anything which it is a crime to possess under municipal ordinances or state or federal law, (including solvent inhalants, drugs, and alcohol); (2) narcotics paraphernalia; (3) items which can be used, made, or adapted to use as weapons; (4) pictures which depict sexually explicit male or female nudity or sexual acts, including magazines or periodicals which routinely publish such pictures; (5) items such as posters or clothing with slogans, mottos or emblems which are obscene, advocate illegal or immoral conduct, hold individuals or groups up to ridicule or reinforce delinquent subcultural values or in any way disrupt programs or activities; and (6) money in excess of the amount permitted by facility rules. (g) Dress Code. Any youth in a residential program operated by TYC must dress in accordance with these rules. (1) Clothing will be clean, fit properly, and be appropriate to the activity at all times. (2) Undergarments must be worn and must not show. Females will wear bras. (3) Patches, embroidery, buttons, and writing on clothing must not signify anything about drugs, alcohol, sex, obscene language, violent acts, or show disrespect to any group or class of people. (4) Shoes or acceptable footwear will be worn as appropriate to the activity at all times. (5) Boys will not wear earrings. (h) Hair. (1) Youth in TYC programs are required to wear their hair in a standardized style. (2) Hair should be clean and well groomed. (3) Males in community-based residential programs may wear hair that extends no lower than the collar of a dress shirt in the back or past the ear lobes on the side. (4) Youth must be clean shaven. (i) Symbolic Expression. A facility superintendent/facility administrator may adopt rules for the facility to prohibit any symbolic expression(s) that have been shown to precipitate violent behavior which endangers the safety of youth, staff or visitors at the facility. All rules adopted by a facility administrator and approved by the appropriate director of juvenile corrections must be clearly communicated to each youth and posted at the same place as other rules set out in this policy. Issued in Austin, Texas, on August 30, 1996. TRD-9612743 Steve Robinson Executive Director Texas Youth Commission Effective date: August 30, 1996 Expiration date: December 30, 1996 For further information, please call: (512) 483-5244