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 code. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART III. Texas Youth Commission CHAPTER 93.Youth Rights and Remedies 37 TAC sec.93.1 Texas Youth Commission (TYC) adopts on an emergency basis an amendment to sec.93.1, concerning basic youth rights to provide for restricting the flow of mail among TYC youth when there is reason to believe there is a threat to the security and order of the facility and thus the safety of youth and staff. This amendment is adopted on an emergency basis because the physical safety of persons and property may be emminent at certain TYC facilities. The amendment will allow staff action to limit mail that may be intended to encourage youth to create unrest. The amendment is adopted on an emergency basis under the Human Resources Code, sec.61.075 which provides the Texas Youth Commission authority to determine the appropriate treatment/restriction of youth in custody. The emergency adoption implements the Human Resources Code, sec.61.034. sec.93.1. Basic Youth Rights. (a) Purpose. The purpose of this rule is to establish that certain basic rights are recognized for each youth in the TYC system. The basic rights accorded each TYC youth are not absolute, but may be limited to the extent reasonably necessary for the TYC to discharge its statutory responsibilities with respect to public protection, treatment, and care and supervision. (b) Each youth committed to the care and custody of the Texas Youth Commission (TYC) shall be accorded certain basic rights. If a youth feels that TYC, in the administration of its programs, has violated one or more of his or her basic rights or in some way has treated him unfairly, abusively or neglectfully, he may initiate action to remedy his situation, and may expect staff assistance in doing so. (c) Right to Equal Treatment. Youth have the right not to be discriminated against because of race, sex, language, national origin, physical or other handicaps, religion, or personal opinions. (d) Right of Free Speech and Expression. Youth have the right to express themselves freely, so long as their expressions do not interfere with the safe and orderly operation of the program, or except where totally free expression would be inappropriate due to the unique vulnerability of children to improper influences. (e) Right of Religious Freedom. Youth have the right to participate in religious activities of their choice. The TYC shall not compel youth to participate in any religious activity. (f) Right to Personal Possessions. Youth have the right to keep and use personal possessions so long as these possessions do not endanger the safety of staff and youth, disrupt programs and activities, encourage delinquent subcultural values, or appeal to the unique vulnerability of children to improper influences. (g) Right to Receive Visitors. Youth have the right to receive visitors, limited only by considerations of facility security and order. Youth have a corresponding right to refuse to receive visitors. (h) Right of Access to Mail and Telephone. Youth have the right to correspond freely through the mails except when correspondence between youth presents a risk to facility security and order.
    Staff may not read incoming or outgoing mail, but may open incoming mail in the youth's presence to inspect it for contraband. Youth may seal outgoing correspondence. Incoming and outgoing letters are not held for more than 24 hours, packages for more than 48 hours, excluding weekends and holidays. First class letters and packages are forwarded to a youth who has been transferred or released. Youth will be provided access to telephones to the extent possible within plant limitations, with equal opportunities for telephone use being provided to all residents within a facility. Youth will have access to a telephone in the event of an emergency. TYC does not have a responsibility to pay for incoming or outgoing long distance calls, except in an emergency. See (GAP) sec.93.13 of this title (relating to Use of Telephone). (i) Right to Earnings and Monetary Gifts. TYC may limit the amount of money in a youth's personal possession, but may not withdraw money from a trust fund without the youth's consent. (j) Right to Protection from Physical and Psychological Harm. Youth have the right to be protected from physical and psychological harm. They have the right to adequate food, clothing and shelter, and shall not be deprived of food or sleep in the interests of treatment or discipline. Youth shall not be administered tranquilizers or other drugs in the interest of discipline or order. Purposeless or degrading work is prohibited. (k) Right to Medical and Dental Care. Youth have the right to basic and necessary medical and dental care, both routine and emergency. (l) Right of Access to Attorneys. Youth have the right to confer with their attorneys in privacy, with appropriate restrictions on the time and place of meeting. (m) Right to be Informed. Youth have the right to be informed of all rights, policies, procedures, and rules affecting them while in the custody of TYC. (n) Right to Accuracy and Fairness in Decision Making. Youth have the right to expect accuracy and fairness in all decisions made concerning them. The degree of procedural protection afforded a youth shall be consistent with the requirements of due process of law. (o) Right to Confidentiality of Records. Youth have the right to expect that their records will not be released to anyone other than those authorized by law to have access to them. (p) Right to Express Grievances and Appeal Decisions. Youth have the right to have access to some method of resolving complaints which is prompt and fair, without fear of reprisal. Youth have the right to appeal to the executive director from any decision made regarding them. See (GAP) sec.93.31 of this title (relating to Youth Complaint Resolution System). Filed with the Office of the Secretary of State, on April 27, 1998. TRD-9805830 Steve Robinson Executive Director Texas Youth Commission Effective date: April 27, 1998 Expiration date: June 26, 1998 For further information, please call: (512) 424-6244