TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART III. Texas Youth Commission
CHAPTER 85.Admission and Placement
SUBCHAPTER B.Placement Planning
37 TAC sec.85.61
Texas Youth Commission (TYC) adopts on an emergency basis an amendment to 
sec.85.61, concerning discharge to provide procedures whereby the agency will 
discharge from custody youth who are mentally ill or mentally retarded if the 
youth has completed the minimum length of stay and is unable to progress in the 
commission's rehabilitation programs because of the youth's mental illness or 
mental retardation. 
This amendment is adopted on an emergency basis to implement requirements in 
House Bill 1550, applicable sections passed by the 75th Legislative Session and 
effective on June 19, 1997. 
The amendment is adopted on an emergency basis under the Human Resources Code, 
sec.61.077 which provides the Texas Youth Commission authority to discharge 
children with mental illness or mental retardation and sec.61.0772, which 
provides the Texas Youth Commission authority to examine youth before discharge. 
The emergency adoption implements the Human Resource Code, sec.61.034.

sec.85.61.Discharge.
(a)-(c) (No change.)
(d) Discharge Criteria. 
(1) (No change.)
(2) Special Circumstances. 
(A) Youth of any classification except sentenced offenders shall be discharged 
under the following circumstances: 
(i)-(vi) (No change.)
(vii) youth who have completed length of stay requirements and who are unable to 
progress in the agency's rehabilitation programs because of mental illness or 
mental retardation as specified in (GAP) sec.87.79 of this title (relating to 
Discharge of Mentally Ill and Mentally Retarded Youth). 
(B)-(D) (No change.)
(e)-(g) (No change.)
Issued in Austin, Texas, on June 26, 1997.
TRD-9708415
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 27, 1997
Expiration date: October 27, 1997
For further information, please call: (512) 424-6244

CHAPTER 87.Treatment
SUBCHAPTER B.Special Needs Offender Programs
37 TAC sec.87.77, sec.87.79
Texas Youth Commission (TYC) adopts on an emergency basis new sec.87.77 and 
sec.87.79, concerning discharge of mentally ill and mentally retarded youth and 
concerning early transfer of mentally ill and mentally retarded youth. The 
sections provide procedures whereby the agency will discharge from custody a 
youth who is mentally ill or mentally retarded if the youth has completed the 
minimum length of stay and is unable to progress in the Commission's 
rehabilitation programs because of the youth's mental illness or mental 
retardation. Certain other youth may be transferred to a TYC placement of less 
restriction than the TYC placement to which they are currently assigned under 
criteria herein. 
These sections are adopted on an emergency basis to implement requirements in 
House Bill 1550, applicable sections passed by the 75th Legislative Session, and 
effective on June 19, 1997. 
The sections are adopted on an emergency basis under the Human Resources Code, 
sec.61.077 which provides the Texas Youth Commission authority to discharge 
children with mental illness or mental retardation and sec.61.0772, which 
provides the Texas Youth Commission authority to examine youth before discharge. 
The emergency adoption implements the Human Resource Code, sec.61.034.

sec.87.77.Early Transition of Mentally Ill and Mentally Retarded Youth.
(a) Purpose. The purpose of this rule is to provide criteria and a process 
whereby the agency transitions to less restriction youth who have completed 
length of stay requirements and who are unable to derive further benefit from 
the agency's rehabilitation programs because of mental illness or mental 
retardation. 
(b) Applicability. See (GAP) sec.85.29 of this title (relating to Program 
Completion and Movement) for movement criteria for transition of other youth. 
(c) Youth who meet specific criteria herein shall be transitioned to a placement 
of less restriction. 
(d) Youth considered to be mentally ill or mentally retarded are those who have 
a current diagnosis of mental illness or mental retardation by a licensed 
psychologist and/or psychiatrist. 
(e) Transition Criteria. Youth with a mental disability who have attained 
maximum benefit at initial placement and therefore shall be transitioned are 
those who meet the following eligibility criteria: 
(1) youth has completed minimum length of stay or minimum period of confinement 
(for sentenced offenders); 
(2) youth has completed no violation of major rules of conduct within 30 days 
prior to determination of eligibility or 90 days if the youth is a type A 
violent offender or sentenced offender; 
(3) youth has been evaluated by a psychiatrist and/or psychologist and diagnosed 
with: 
(A) mental illness, a primary brain disorder, (e.g., psychotic disorder, bipolar 
disorder, major depression, organic disorder, severe neurological deficit); or 
(B) mental retardation, i.e., an IQ below 62.5 with accompanying deficits in 
adaptive behavior); and 
(4) a licensed psychiatrist and/or psychologist has determined that the youth's 
behavior with respect to the mental disability has stabilized and that the youth 
is unable to derive further benefit from the agency's resocialization program 
and meet phase requirements because of the mental illness or mental retardation. 
(f) Procedure for Transition of Youth with Mental Disability. Movement of the 
youth shall occur no later than 30 days following determination of eligibility. 

sec.87.79.Discharge of Mentally Ill and Mentally Retarded Youth.
(a) Purpose. The purpose of this rule is to provide criteria and a process 
whereby the agency discharges from custody youth who have completed length of 
stay requirements and who are unable to progress in the agency's rehabilitation 
programs because of mental illness or mental retardation. 
(b) Applicability. 
(1) Requirements in this policy do not apply to sentenced offender youth. See 
(GAP) sec.85.29 of this title (relating to Program Completion and Movement) for 
policies relating to sentenced offenders. 
(2) See (GAP) sec.85.61 or this title (relating to Discharge) for discharge 
requirements for youth qualified herein and all other TYC youth.
(c) Youth who meet specific criteria herein shall be discharged.
(d) Youth considered to be mentally ill or mentally retarded are those who have 
a current diagnosis of mental illness or mental retardation by a licensed 
psychologist and/or psychiatrist as required. 
(e) Discharge Criteria. 
(1) Youth with a mental illness who are unable to progress in rehabilitation 
programs and therefore shall be discharged are those who meet the following 
criteria: 
(A) the youth has completed the initial minimum length of stay; 
(B) the youth has been diagnosed with a primary brain disorder (e.g., psychotic 
disorder, bipolar disorder, major depression, organic disorder, severe 
neurological deficit); 
(C) a licensed psychologist and psychiatrist has determined that the mental 
illness has not stabilized and that the mental illness is the reason for the 
youth's inability to engage in productive interaction as required by the 
agency's resocialization program; and; 
(D) a licensed psychologist and psychiatrist has determined that as a result of 
mental illness, the youth: 
(i) is likely to cause serious harm to himself; 
(ii) is likely to cause serious harm to others; or 
(iii) will, if not treated for the mental illness, continue to suffer severe and 
abnormal mental, emotional, or physical distress, will continue to experience 
deterioration of his ability to function independently, and is unable to make a 
rational and informed decision as to whether or not to submit to treatment. 
(2) Youth with mental retardation who are unable to progress in rehabilitation 
programs and therefore, shall be discharged, are those who meet the following 
criteria: 
(A) the youth has completed the initial minimum length of stay; 
(B) the youth has been diagnosed with an IQ below 62.5 with accompanying 
deficits in adaptive behavior; 
(C) a licensed psychologist and or psychiatrist has determined that the mental 
retardation is the reason for the youth's inability to engage in productive 
interaction as required by the agency's resocialization program; and 
(D) a licensed psychologist and or psychiatrist has determined that because of 
retardation, the youth: 
(i) represents a substantial risk of physical impairment or injury to himself or 
others; or 
(ii) is unable to provide for and is not providing for his/her most basic 
personal physical needs. 
(f) Procedure for Discharge of Youth with Mental Disability.
(1) For youth who meet discharge criteria, the agency will file an application 
in the youth's committing county for determination of appropriate mental health 
services. See (GAP) sec.87.69 of this title (relating to Commitment to State 
Mental Hospitals) for relevant procedures. 
(2) Discharge shall occur 30 days after the filing of the application. 
Issued in Austin, Texas, on June 26, 1997.
TRD-9708414
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 27, 1997
Expiration date: October 27, 1997
For further information, please call: (512) 424-6244

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 31.Public Transportation
The Texas Department of Transportation adopts on an emergency basis amendments 
to sec.31.3, Definitions, and new sec.sec.31.60-31.65, concerning rail safety 
oversight program. 
Title 49, United States Code, sec.5330, and Title 49, Code of Federal 
Regulations, Part 659, requires the state to oversee the safety and security 
practices of rail fixed guideway public transportation systems. Title 49, Code 
of Federal Regulations, Part 659, required the state rail safety oversight 
program to be established by January 1, 1997, and authorized the administrator 
of the Federal Transit Authority to withhold funding beginning after September 
30, 1997, if the state is not in compliance with the regulations. Senate Bill 
735, 75th Legislature, 1997, effective May 31, 1997, added Transportation Code, 
Section 455.005 authorizing the department to oversee the safety and security 
practices of rail fixed guideway public transportation systems. 
The amendments to sec.31.3, Definitions, add words and terms used in new 
sec.sec.31.60-31.65, concerning rail safety oversight program. 
New sec.31.60 provides the purpose of the rules which is to comply with Title 
49, United States Code, sec.5330 and Transportation Code, Chapter 455.005, which 
requires the commission to establish standards for and implement state oversight 
of safety and security practices of rail fixed guideway systems. New sec.31.61 
requires local rail transit agencies to: develop and submit to the department 
system safety program plans; report accidents and unacceptable hazardous 
conditions to the department within specified time periods and submit 
investigatory reports to the department; conduct annual internal safety audits 
in accordance with American Public Transit Association guidelines and submit a 
written report to the department; minimize, control, correct, or eliminate 
investigated unacceptable hazardous conditions; assist the department, or its 
agent, in conducting on-site investigations and triennial safety reviews; and 
submit required reports and annual certification of compliance to the 
department. 
New sec.31.62 requires the department or it's agent to review: the system safety 
program plans and approve them or specify what changes must be made; the rail 
transit agency's finding of probable cause for an accident or unacceptable 
hazardous condition and approve the findings or conduct an independent 
investigation; the rail transit agency's plan to minimize, control, correct, or 
eliminate any investigated accident; and the rail transit agency's annual safety 
audit. The section also requires the department to conduct an on-site safety 
review of the rail transit agency at least every three years to determine the 
efficacy of the system safety program plan and submit required reports to the 
Federal Transit Administration. 
New sec.31.63 provides that data collected, security plans, or reports, relating 
to system security are confidential and not subject to public disclosure. The 
section also provides that any investigative or security report may not be 
admitted in evidence or used in litigation unless the department initiates the 
action. 
New sec.31.64 authorizes a rail transit agency to use a contractor to carry out 
certain functions. 
New sec.31.65 establishes initial and annual deadlines for rail transit agencies 
to submit reports, plans, and certifications to the department. 
It is necessary to adopt the amendments and new sections on an emergency basis 
to comply with Senate Bill 735, 75th Legislature, 1997, Title 49, United States 
Code, sec.5330, and Title 49, Code of Federal Regulations, Part 659, to protect 
the safety of the traveling public, and avoid the loss of federal funds. 

SUBCHAPTER A.General
43 TAC sec.31.3
The emergency amendment is adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically Transportation Code, sec.455.055 which authorizes the 
department to oversee state rail safety. 

sec.31.3.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise: 
Accident - Any event involving the revenue service operation of a rail fixed 
guideway system as a result of which an individual dies or suffers bodily injury 
and immediately receives medical treatment away from the scene of the event; or 
a collision, derailment, or fire that results in property damage in excess of 
$100,000. Injuries, deaths, or property damage that occur when a rail fixed 
guideway system is not in revenue service are excluded.
APTA guidelines - The "Manual for the Development of Rail Transit System Safety 
Program Plans" published by the American Public Transit Association on August 
20, 1991, and subsequent revisions. 
Hazardous condition - A condition that may endanger human life or property, 
including an unacceptable hazardous condition.
Individual - A person, including a passenger, trespasser, employee, or other 
bystander.
Investigation- A process to determine the probable cause of an accident or an 
unacceptable hazardous condition, including a review by the department, or its 
agent, of a rail transit agency's determination of the probable cause of an 
accident or an unacceptable hazardous condition. 
Rail fixed guideway system - Any light, heavy, or rapid rail system, monorail, 
inclined plane, funicular, trolley, or automated guideway that: 
(A) is included in FTA's computation of fixed guideway route miles or receives 
funding under FTA's formula program for urbanized areas (49 U.S.C. sec.5336); 
and 
(B) is not regulated by the Federal Railroad Administration. 
Rail transit agency - The entity operating the rail fixed guideway system. 
Safety - Freedom from danger, including freedom from unintentional as well as 
intentional acts. 
Security - Freedom from intentional danger, including criminal acts such as 
muggings, rapes, robberies, or terrorist acts, such as bombings, releases of 
poisonous gases, or kidnappings. 
Unacceptable hazardous condition - A particular kind of hazardous condition 
determined by using the hazard resolution matrix contained in the American 
Public Transit Association's guidelines hazard resolution matrix. 
Issued in Austin, Texas, on June 27, 1997.
TRD-9708398
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: June 27, 1997
Expiration date: October 27, 1997
For further information, please call: (512) 463-8630

SUBCHAPTER F.Rail Safety Oversight Program
43 TAC sec.sec.31.60-31.65
The emergency new sections are adopted under Transportation Code, sec.201.101, 
which provides the Texas Transportation Commission with the authority to 
establish rules for the conduct of the work of the Texas Department of 
Transportation, and more specifically Transportation Code, sec.455.055 which 
authorizes the department to oversee state rail safety. 

sec.31.60.Purpose.
Title 49, United States Code, sec.5330 requires the department to establish and 
carry out a safety program plan for each fixed guideway mass transportation 
system. Transportation Code, Chapter 455 requires the commission to establish 
standards for and implement state oversight of safety and security practices of 
rail fixed guideway systems in compliance with 49 U.S.C. sec.5330. The sections 
under this subchapter prescribe the policies and procedures governing state 
oversight of rail fixed guideway systems' safety and security practices.

sec.31.61.Rail Transit Agency Responsibilities.
(a) Plan. A rail transit agency shall develop and submit to the department a 
system safety program plan that: 
(1) addresses the topics outlined in "Implementation Guidelines for State Safety 
Oversight of Rail Fixed Guideway Systems" (DOT-FTA-MA-90-7006-96-3) (available 
from the department); 
(2) complies with the APTA guidelines (available from the department) including: 
(A) standards for the personal security of passengers and employees of the rail 
fixed guideway system; 
(B) lines of authority; 
(C) levels of responsibility and accountability; and 
(D) methods of documentation for the system; and 
(3) contains a security system program plan which complies with the "Transit 
Security Procedures Guide" (FTA-MA-90-7001-94-2) and the "Transit System 
Security Program Planning Guide" (FTA-MA-90-7001-94-1) (available from the 
department), and includes: 
(A) current security conditions and existing security capabilities and 
practices; 
(B) management of the system security plan and roles and responsibilities for 
planning, proactive measures, training, and day-to-day activities; 
(C) threat and vulnerability identification, assessment, and resolution; 
(D) prevention and resolution of security incidents, including general security 
issues and crimes against passengers, the rail transit system, and the public; 
and 
(E) implementation, evaluation and modification of system security plan. 
(b) Accident notification and report. A rail transit agency shall: 
(1) report accidents and unacceptable hazardous conditions to the department: 
(A) by telephone within 24 hours; and 
(B) in writing within 48 hours of the accident or discovery of the unacceptable 
hazardous condition; and 
(2) submit the final investigatory report to the department within 30 days after 
the report's completion. 
(c) Internal safety audit. A rail transit agency shall conduct an annual 
internal safety audit in accordance with APTA guidelines and submit a written 
report to the department that will, at a minimum: 
(1) summarize the rail transit agency's safety activities for the preceding 12 
months including a report of the internal safety audits performed during the 
preceding 12 months; and 
(2) describe major findings of the rail transit agency's safety audits and 
inspections including: 
(A) areas of non-compliance and corrective actions taken;
(B) outcomes of safety and related initiatives; and 
(C) progress of training efforts and evaluations. 
(d) Hazardous conditions and investigations. A rail transit agency shall: 
(1) minimize, control, correct, or eliminate any investigated unacceptable 
hazardous conditions as required by sec.31.62(c) of this title (relating to 
State Responsibilities); 
(2) provide all necessary assistance to allow the department, or its agent, to 
conduct: 
(A) appropriate on-site investigations of accidents and unacceptable hazardous 
conditions under sec.31.62(c) of this title (relating to State 
Responsibilities); and 
(B) an on-site triennial safety review under sec.31.62(c).
(e) Reports and certification. A rail transit agency shall submit: 
(1) reports and other information to the department as required by 49 United 
States Code sec.5330 and Transportation Code, Chapter 455; and 
(2) a certification, signed by an authorized official of the rail transit 
agency, to the department stating that the rail transit agency has complied with 
the provisions of this subchapter. 

sec.31.62.State Responsibilities.
(a) Department guidelines. In carrying out its responsibilities under this 
subchapter, the department will follow the principles and procedures outlined in 
"Implementation Guidelines for State Safety Oversight of Rail Fixed Guideway 
Systems" (DOT-FTA-MA-90-7006-96-3) (available from the department).
(b) Plan. The department, or its agent, will review the rail transit agency's 
system safety program plan required by sec.31.61(a) of this title (relating to 
Transit Agency Responsibilities); and 
(1) approve the plan, if it meets the required standards in sec.31.61(a); or 
(2) notify the rail transit agency in writing and identify the specific sections 
of the plan which are not in compliance with the state standards, and recommend 
appropriate modifications or additions, specifying a time frame during which the 
revisions must be accomplished. 
(c) Probable cause. The department will review the rail transit agency's 
findings of probable cause of an accident or unacceptable hazardous condition in 
accordance with the APTA guidelines, Transit Security Procedures Guide, and the 
Transit System Security Program Planning Guide, including operating hazard, 
subsystem interface, and human factors analyses; and 
(1) approve the findings of probable cause in accordance with those guidelines; 
or 
(2) conduct an independent investigation, either with department personnel or an 
outside agent if the findings of probable cause are not approved under paragraph 
(1) of this subsection and will: 
(A) advise the rail transit agency by telephone at least 24 hours in advance of 
the arrival of an investigator at the transit property; and 
(B) provide written confirmation to the rail transit agency within 48 hours 
which explains the reasons the department is conducting an independent 
investigation and provide the names of the personnel who will be conducting the 
investigation. 
(d) Security and safety reviews. 
(1) The department will require, review, and approve in accordance with APTA 
guidelines, the Transit Security Procedures Guide, and the Transit System 
Security Program Planning Guide: 
(A) any plan of a rail transit agency to minimize, control, correct, or 
eliminate any investigated accident; and 
(B) the agency's annual safety audit report required by sec.31.61(c).
(2) At least every three years, the department will:
(A) conduct an on-site safety review of each rail transit agency's system safety 
program plan based upon the criteria in sec.31.61(a); and 
(B) prepare and issue a report containing findings and recommendations resulting 
from that review that, at a minimum, include: 
(i) an analysis of the efficacy of the system safety program plan; and 
(ii) a determination of whether it should be revised to meet the requirements of 
sec.31.61(a). 
(e) Reports. The department will submit reports or other information required by 
the United States Department of Transportation.

sec.31.63.Disclosure of Information.
(a) Investigation documents. Data collected or a report of any investigation 
conducted by the department or its agent are confidential and subject to 
disclosure, inspection, or copying under Government Code, Chapter 552. 
(b) Security documents. Data collected, a security plan, or a report concerning 
security are confidential and not subject to disclosure, inspection, or copying 
under Government Code, Chapter 552. 
(c) Evidence. An investigative or security report may not be admitted in 
evidence or used for any purpose in any action or proceeding arising out of any 
matter referred to in an investigation except in an action or a proceeding 
instituted by the department. 

sec.31.64.Contractors for Rail Transit Agencies.
A transit agency may use a contractor to: 
(1) develop or update a system safety program plan; 
(2) prepare annual audit reports; and 
(3) develop a corrective action plan. 

sec.31.65.Deadlines.
(a) A rail transit agency shall submit to the department: 
(1) a system safety program plan required by sec.31.61(a) of this title 
(relating to Transit Agency Responsibilities), excluding the system security 
portion of the plan within 30 days of the effective date of this subchapter; 
(2) a written report of its annual internal safety audit conducted as required 
by sec.31.61(c) by September 1, 1997 and February 1 of each year thereafter; 
(3) a certification, signed by an authorized official of the rail transit 
agency, that the rail transit agency has complied with the provisions of this 
subchapter by September 1, 1997 and February 1 of each year thereafter; and 
(4) the security system program portion of the safety plan required by 
sec.31.61(a)(3) by November 1, 1997. 
(b) The department will complete the first triennial review as required in 
sec.31.62(c) of this title (relating to State Responsibilities) for each rail 
transit agency before January 1, 1999. 
Issued in Austin, Texas, on June 27, 1997.
TRD-9708399
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: June 27, 1997
Expiration date: October 27, 1997
For further information, please call: (512) 463-8630