Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 131.
PRACTICE AND PROCEDURE
Subchapter A. BYLAWS AND DEFINITIONS
22 TAC §131.9, §131.18
The Texas Board of Professional Engineers adopts amendments
to §131.9 and §131.18, concerning bylaws and definitions, without
changes to the proposed text as published in the November 5, 1999, issue of
the
Texas Register
(24 TexReg 9734).
The adopted amendment to §131.9 removes the designated months during
which the Board will hold quarterly Board meetings in order to allow flexibility
in scheduling these meetings during months more convenient for the Board and
staff. The adopted amendments to §131.18 establish definitions that will
be consistent with the provisions of House Bill 1544, 76th Legislature, Regular
Session, effective January 1, 2000.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908662
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §131.21, §131.22
The Texas Board of Professional Engineers adopts new §131.21
and §131.22, concerning bylaws and definitions, without changes to the
proposed text as published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9736).
New §131.21 establishes the parameters for the board's participation
in the self-directed semi-independent agency pilot project in accordance with
Senate Bill 1438, 76th Legislature, Regular Session. New §131.22 establishes
the provisions for employee training and educational programs in accordance
with the State Employees Training Act, Government Code, §656.041.
No comments were received regarding adoption of the new sections.
The new sections are adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908663
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §131.52, §131.54
The Texas Board of Professional Engineers adopts amendments
to §131.52 and §131.54, concerning application for license, without
changes to the proposed text as published in the November 5, 1999, issue of
the
Texas Register
(24 TexReg 9737).
The adopted amendments to §131.52(g) alter the alphabetical codes
used for the branch designations to conform with the new National Council
of Examiners for Engineering and Surveying codes and adds the new examination
designation for ship design. Section 131.52(j) requires that applicants who
are citizens of other countries must provide verification of their immigration
status to support their eligibility for a professional license. The adopted
amendment to §131.54 clarifies that an applicant must pass the Texas
Ethics of Engineering Examination with each new application filed with the
board.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908664
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §131.71
The Texas Board of Professional Engineers adopts an amendment
to §131.71, concerning references, without changes to the proposed text
as published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9738).
The adopted amendment to §131.71(b) establishes the requirement that
one or more professional engineer references must verify all of the engineering
claimed by an applicant to meet the minimum years of experience required by
the Texas Engineering Practice Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908665
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §131.81
The Texas Board of Professional Engineers adopts an amendment
to §131.81, concerning experience evaluation, without changes to the
proposed text as published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9739).
The adopted amendments to §131.81 clarify that professional engineer
references must verify all of the engineering claimed by an applicant to meet
the minimum years of experience required by the Texas Engineering Practice
Act; that the teaching of engineering at the level of associate professor
or higher constitutes acceptable engineering experience; and establishes parameters
for granting experience credit for each post-baccalaureate engineering degree
earned by an applicant who is eligible for licensing under the Act, §12(a)(1).
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908666
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §131.91, §131.92
The Texas Board of Professional Engineers adopts amendments
to §131.91 and §131.92, concerning education, without changes to
the proposed text as published in the November 5, 1999, issue of the
The adopted amendment to §131.91 clarifies that a graduate degree
claimed under subparagraph (B)(i) must be approved by one of the organizations
listed in subparagraph (A) of the section and that either the graduate or
undergraduate degree in the same discipline is accredited. The amendment to §131.92
clarifies that degrees from non-accredited programs must be evaluated in accordance
with the standards recommended by the National Council for the Evaluation
of Foreign Educational Credentials.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908667
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §131.101
The Texas Board of Professional Engineers adopts an amendment
to §131.101, concerning examinations, without changes to the proposed
text as published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9741).
The adopted amendment to §131.101 clarifies that an applicant who
has never been licensed in any jurisdiction must provide nine references,
five of which must be from licensed professional engineers, when a waiver
from the Principles and Practice of Engineering examination is being requested.
Ship design is being added to the Group 2 examinations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908668
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
1.
PROFESSIONAL ENGINEER LICENSE
22 TAC §131.134
The Texas Board of Professional Engineers adopts an amendment
to §131.134, concerning licensing, without changes to the proposed text
as published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9742).
The adopted amendment to §131.134 removes the restrictive language
concerning the board's renewal fee in order to implement Senate Bill 1438,
76th Legislature, Regular Session.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908669
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
22 TAC §§131.141-131.143
The Texas Board of Professional Engineers adopts new §§131.141-131.143,
concerning registration of firms, without changes to the proposed text as
published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9742).
New §§131.141-131.143 are adopted to implement the provisions
of House Bill 1544, 76th Legislature, Regular Session, concerning the registration
of firms, effective January 1, 2000.
No comments were received regarding adoption of the new sections.
The new sections are adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
13, 1999.
TRD-9908670
Randi R. Warrington
Deputy Executive Director
Texas Board of Professional Engineers
Effective date: January 2, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 440-7723
Chapter 593.
LICENSES
22 TAC §593.1
The Structural Pest Control Board adopts amendments to §593.1,
with changes to the proposed text as published in the October 15, 1999, issue
of the
Texas Register
(24 TexReg 8895).
The justification for the rule is the amendments will provide additional
protection to the general public and the license requirement for the five
(5) categories of licensing are clarified.
The rule will function in that it describes the types of licenses that
may be obtained, specifically, the designation of the responsible certified
applicator, a definition for the responsible certified applicator and a new
definition for certified commercial applicator.
There were no comments received.
There were no groups or associations making comments for or against the
rule.
The amendment is adopted under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
§593.1.Persons Required to Secure License.
(a)
Business License. Any person engaged in structural pest
control must secure a business license from the Board for each business location,
including branch offices, in accordance with the Structural Pest Control Act
and the regulations of the Board. Each business license holder shall designate
a responsible certified commercial applicator for each business location who
is not also serving as a responsible certified commercial applicator for any
other business licensee or any other business location. No person shall engage
in, offer to engage in, advertise for, solicit, or perform any of the services
identified in Section 2 of the Structural Pest Control Act, for compensation,
without first obtaining a business license and having an applicator certified
in each license category in which business is conducted.
(b)
Responsible Certified Commercial Applicator-The person
licensed as a certified commercial applicator, who has been designated to
be the responsible certified commercial applicator for a business license
location, shall be responsible to provide training and direct supervision
for pest inspections, identifications, and control measures of a licensed
business. The person may be employed by other business license location(s)
and licensed by each location as a certified commercial applicator, but shall
only be the responsible certified applicator for one business license location.
(c)
Certified Commercial Applicator-The person licensed as
a certified commercial applicator who can perform pest control services, identifications
and control measures without direct supervision. A certified commercial applicator
must be licensed for every business location for which the applicator is employed.
(d)
Certified Noncommercial Applicator-The person, who as an
employee, is responsible for providing pest control services to a governmental
entity, apartment building, day-care center, hospital, nursing home, hotel,
motel, lodge, warehouse, food-processing establishment, school or educational
institution and other noncommercial entities. The person licensed as a noncommercial
certified applicator shall be responsible to ensure training and direct supervision
for pest inspections, identifications, and control measures of a noncommercial
entity.
(e)
Technician-The person who performs pest control services
under the direct supervision of a certified applicator must obtain a technician
license by meeting the standards prescribed by the Board in §593.21 of
this title (relating to Technician License Standards). A technician must be
licensed for every business or noncommercial entity for which the technician
is employed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
7, 1999.
TRD-9908444
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Effective date: December 27, 1999
Proposal publication date: October 15, 1999
For further information, please call: (512) 451-7200
22 TAC §593.6
The Structural Pest Control Board adopts amendments to §593.6,
with changes to the proposed text as published in the October 15, 1999, issue
of the
Texas Register
(24 TexReg 8896).
Justification for the rule is the better understanding of the rule by customer/consumer,
the licensee/service provider and the public at large, and better application
and enforcement of the rule for the benefit of the customer/consumer and the
public at large.
The rule will function in that it defines the insurance/renewal requirements
for business licensees, and clarifies licensing requirements for noncommercial
certified applicators. The provision for licensed technician apprentice is
also eliminated.
There were no comments received.
There were no groups or associations making comments for or against the
rule.
The amendment is adopted under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
§593.6.License Expiration and Renewal
(a)
Each license(s) may expire in twelve (12) months from the
date issued or immediately upon the date that the business liability insurance
expires, whichever comes first. The insurance expiration date will be determined
by the date on the certificate provided to the Board by the business licensee,
and any policy amendments or cancellation notices issued after the effective
date.
(b)
Businesses and certified noncommercial applicators that
change insurance coverage during a licensed period may have the license expiration
extended to the new policy date, if there has not been a lapse in coverage,
by paying additional license fees for each license to the new expiration date.
Certified applicators and technicians who change employers may also pay additional
license fees to the new expiration date of the business or other entity under
which they are operating. Refer to §593.7 for additional license fees.
(c)
Businesses and certified noncommercial applicators that
allow insurance coverage to lapse or who fail to provide continuous proof
of coverage to the Board as a result of insurance changes will no longer have
a valid license(s). Reinstatement of licenses will be made upon payment of
a new business license fee and any other additional fees that may be required
without receiving credit for any license period between the date of the lapse
in coverage and the original license expiration date.
(d)
Licenses must be renewed by submitting an application to
the Board, paying the required fee, and meeting any additional requirements
of the Board under §593.3 of this title (relating to Insurance Requirements)
and subsection (h) of this section, 30 days prior to the license expiration
date. Renewals submitted after the license expiration date are subject to
the late fees prescribed in the Texas Structural Pest Control Act, Section
7(c). An application is not considered to be submitted unless it is in substantially
correct form with the correct fees.
(e)
Licenses issued by the Board are not transferrable.
(f)
Whenever a licensee changes the mailing address or business
location, the licensee shall notify the Board within ten (10) business days
of the effective date of the change.
(g)
Pursuant to the Texas Structural Pest Control Act, Section
7(e), the Board, in determining whether additional testing or training shall
be required of current licensees before renewal of their applicator license,
may consider changes in technology, pesticide related problems, or the performance
of individual applicators. If general retraining and/or retesting is required
for all applicators in a category or subcategory, the Board will publish notice
at least six months in advance of the license renewal date. If individual
retraining and/or testing is required as a result of the applicator's performance,
the Board may give notification and set a time and place of retraining.
(h)
All certified applicators are required to certify to the
Board the number of category(ies) of continuing education credits they have
accumulated during the previous year pursuant to §593.23 of this title
(relating to Continuing Education Requirements for Certified Applicators).
(i)
Certified noncommercial applicators who have been licensed
for a minimum of two years may become certified commercial applicators by
paying a name change fee plus the additional license fee to the expiration
date of the business license under which they operate. Certified commercial
applicators may become certified noncommercial applicators by paying the license
fee(s), listing the name and address of the entity employing them and providing
proof of liability insurance coverage as required by §593.3 of this title
(relating to Insurance Requirement).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
7, 1999.
TRD-9908445
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Effective date: December 27, 1999
Proposal publication date: October 15, 1999
For further information, please call: (512) 451-7200
22 TAC §593.8
The Structural Pest Control Board adopts amendments to §593.8,
without changes to the proposed text as published in the October 15, 1999,
issue of the
Texas Register
(24 TexReg 8897).
Justification for the rule is the amendments allow for immediate business
continuity in the event of incapacity, disability or death of the business
license holder.
The rule will function in that the rule clarifies how the heir or license
holder may continue the business in the event of death or disability to the
license holder.
There were no comments received.
There were no groups or associations making comments for or against the
rule.
The rule is adopted under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
7, 1999.
TRD-9908446
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Effective date: December 27, 1999
Proposal publication date: October 15, 1999
For further information, please call: (512) 451-7200
22 TAC §593.11
The Structural Pest Control Board adopts amendments to §593.11,
without changes to the proposed text as published in the October 15, 1999,
issue of the
Texas Register
(24 TexReg 8897).
Justification for the rule is the better understanding of the rule by the
customer/consumer, the licensee/service provider and the public at large,
and a better application and enforcement for the benefit of the customer/consumer
and the public at large.
The rule will function in that it clarifies certified noncommercial applicator
restrictions.
There were no comments received.
There were no groups or associations making comments for or against the
rule.
The amendment is adopted under Tex .Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry. .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
7, 1999.
TRD-9908447
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Effective date: December 27, 1999
Proposal publication date: October 15, 1999
For further information, please call: (512) 451-7200
Chapter 810.
COUNCIL ON SEX OFFENDER TREATMENT
The Council on Sex Offender Treatment (council) adopts new §§810.121-810.122,
810.151-810.153, 810.181-810.183, 810.211, 810.241-810.242, and 810.271-810.272
concerning the procedures relating to the civil commitment of sexually violent
predators and the development of a case management system which provides appropriate
and necessary treatment and supervision. Sections 810.122, 810.153, 810.211,
and 810.241-810.242 are adopted with changes to the proposed text as published
in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8898). Sections 810.121, 810.151-810.152, 810.181-810.183,
and 810.271-810.272 are adopted without changes and therefore will not be
republished.
The new sections are adopted under the Act, Title 11, Health and Safety
Code, Chapter 841. Section 841.141(a) provides the council with the authority
to adopt rules consistent with the Act and §841.141(b) provides the council
with the authority to adopt rules concerning the development of standards
of care and case management for persons civilly committed as sexually violent
predators. The new sections affect Title 11, Health and Safety Code, Chapter
841.
The power to adopt rules emanates from Title 11, Health and Safety Code,
Chapter 841; specifically, §841.141. Article 4413(51) is not affected
or implicated by the Senate Bill 365 as it is not mentioned, nor does Article
4413(51) provide for civil commitment of sexually violent predators.
The following comments were received on the new chapter, as proposed, from
Mark Wolbrink, Melinda Hoyle Bozarth of the Texas Department of Criminal Justice,
and Maria T. Molett of the Counseling Institute of Texas. Following each comment
is the council's response and any resulting change(s) to the chapter.
Comment: Regarding the requirement that the treatment of sexually violent
predators be done in outpatient settings, a commenter expressed concern that
such treatment would be done in outpatient settings, and that the commenter
would be "very uncomfortable having twice convicted predators come to the
commenter's office where they would have access to other clients."
Response: The main emphasis of the Texas Legislature in enacting SB 365
regarding the Civil Commitment of Sexually Violent Predators, was the development
of a case managment system which would provide appropriate and necessary treatment
and supervision. The law mandates that such treatment occur in outpatient
settings with treatment being provided by treatment providers whose services
are contracted for by the council. No change will be made as a result of this
comment.
Comment: Regarding proposed §810.122(16), renumbered as §810.122(17),
a commenter suggested that the words "other facilities" be added to this section
to broaden the ability of the "to contract with the Texas Department of Criminal
Justice for any facility, and not foreclose the possibility of the council
contracting directly with a private entity at some time in the future."
Response: The council agreed and the section was amended in §810.122(17)
to address this concern.
Comment: Regarding §810.153(1), a commenter suggested that the words
"other facilities" be added to this section to broaden the ability of the
council "to contract with the Texas Department of Criminal Justice for any
facility, and not foreclose the possibility of the contracting directly with
a private entity at some time in the future."
Response: The council believes that the present language addresses the
commenter's concern. No change was made as a result of this comment.
Comment: Regarding §810.152, a commenter expressed concern that the
requirement that the outpatient treatment and supervision must begin on the
person's release from a secure correctional facility or discharge from a state
hospital does not take into consideration the possibility that "trial may
not be completed by time of the offender's release from prison."
Response: Since this language is taken directly from SB 365 which created
the civil commitment of sexually violent predators, the council cannot alter
the rules to address this concern. No change was made as a result of this
comment.
Comment: Regarding §810.153(2), a commenter notes that the requirements
of this section are contingent upon the requirement by the Court that the
offender sign the treatment contract.
Response: The council agreed and the section was amended to address this
concern.
Comment: Regarding §810.153(3), a commenter suggests that "numerous
risk assessments will have already been completed throughout the civil commitment
proceedings" which would negate the need for the case manager completing an
initial risk assessment.
Response: The council agreed and the section was amended to address this
concern.
Comment: Regarding §810.153(4), a commenter questioned the requirement
that sexually violent predators begin an intensive monitoring system once
a judge or jury commits the person to outpatient treatment as well as the
minimum length of time that a person would be placed on the intensive tracking
schedule, as not being within the purview of the Court, not the council.
Response: The council disagrees in that the civil commitment law mandates
that the judge require the person to submit to tracking under a particular
type of tracking service and to any other appropriate supervision. The council
believes the success or failure of it treatment plan is dependent upon at
least one year of intensive monitoring of the person civilly committed. No
change was made as a result of this comment.
Comment: Regarding §810.241, a commenter suggested that the words
"Texas Department of Criminal Justice" and "Texas Department of Mental Health
and Mental Retardation" replace the words "Chair of the Multidisciplinary
Team", as TDCJ and TDMHMR will ensure that the notice of the petition for
release will be disseminated to the members of the team.
Response: The council agreed and the section was amended to address that
concern.
Comment: Regarding §810.271, a commenter suggested that a statement
be included which states that all information is confidential and can only
be released upon approval of the court except as provided under the Act.
Response: The council disagrees in that the civil commitment law requires
that "any entity that possesses relevant information to the person shall release
the information to an entity charged with making a determination of whether
the person is a sexually violent predator." The council believes that the
comment makes reference to a section in the law which pertains to a report,
record, or statement submitted "to the Court." No change was made as a result
of that comment.
Comment: Regarding §810.122, a commenter suggested that the a definition
for "penile plethysmograph" be added.
Response: The council agreed and the section was amended to address this
concern.
Comment: Regarding proposed §810.122(16), now renumbered as §810.122(17),
a commenter suggests that the definition be expanded to include a private
residence and what would qualify a private residence as appropriate housing.
Response: The council disagrees in that supervised housing only contemplates
community residential facilities, halfway houses, or other facilities under
contract with the Texas Department of Criminal Justice. The council has only
one halfway house which has agreed to house sexually violent predators. Therefore,
unless other residential facilities are located, most of the sexually violent
predators will be released to the private residences of willing family members
or to their own residence both of which will not constitute supervised housing.
No change was made as a result of this comment.
Comment: Regarding §810.153, a commenter requested that the use of
a penile plethysmograph be listed as a form of outpatient treatment, as well
as, the use of medication.
Response: The council agreed and the section was amended to address this
concern.
Comment: Regarding §810.153(5), a commenter suggests that the treatment
plan language be reworded to read "The treatment plan shall consist of clinical
polygraph exams specific to sex offenders, including but limited to, disclosure
exams and maintenance/monitoring exams."
Response: The council agreed and the section was amended to address this
concern.
Comment: Regarding §810.153(7), a commenter expressed concern that
no mention is made of monthly reports or any other type of regular reports
from the treatment provider, nor any mention of Registered Sex Offender Treatment
Program requirements.
Response: The council disagrees with this commenter in that treatment provider
reports are addressed in the Act. No change was made as a result of this comment.
Comment: Regarding §810.182, a commenter expressed concern that it
is not clear what periodic assessments the case manager can administer which
will determine the success of the outpatient treatment and supervision.
Response: The language is taken directly from the Act, so the council cannot
alter the rules. The council will adopt policies and guidelines which will
give the case manager direction in this area. No change was made as a result
of this comment.
Comment: Regarding §810.182, a commenter suggests that it should state
in the rules that the case manager be a person who has knowledge of sex offender
issues, treatment and supervision, as well as experience and documented training
in this area.
Response: The job description created by the council for a case manager
addresses these issues relating to a case manager's qualifications. No change
was made as a result of this comment.
Comment: Regarding §810.211, a commenter requested a clarification
as to whether the expert conducting the biennial examination of the sexually
violent predator was the same expert who conducted the initial examination
for the purposes of determining civil commitment.
Response: Although the civil commitment law does not address this issue,
the council takes the position that the biennial examination expert should
not be the same expert who conducted the initial examination of the person
for civil commitment purposes. The council agreed and the section was amended
to address this concern.
Comment: Regarding §810.211, a commenter questions why the substance
abuse history, anger and suicide history, client's version and official version
of the instant offense, client's level of denial of the instant offense, and
denial of deviant arousal or intent, are not included as requirements of the
biennial examination assessment.
Response: The section was amended to address the council's position.
Comment: Regarding §810.211(b), a commenter suggests that the biennial
examination expert should be someone other than the expert who provided the
initial examination of the person for the purposes of civil commitment.
Response: Although the civil commitment law does not address this issue,
the council takes the position that the biennial examination expert shall
not be the same expert who conducted the initial examination of the person
for civil commitment purposes. The section was amended to address the council's
position.
Comment: Regarding §810.242, a commenter questions the reasoning behind
providing notice of a person's unauthorized Petition for Release from civil
commitment to the Chair of the Multidisciplinary Team.
Response: The council agreed and the section was amended so that notice
will be given instead to the Texas Department of Criminal Justice and to the
Texas Department on Mental Health and Mental Retardation. The council agreed
and the section was amended to address this concern.
The council also made some additional clarifying changes for consistency
throughout the rules and added needed punctuation and spelling corrections.
Subchapter E. GENERAL PROVISIONS
22 TAC §810.121, §810.122
The new sections are adopted under the Act, Title 11, Health
and Safety Code, Chapter 841. Section 841.141(a) provides the council with
the authority to adopt rules consistent with the Act and §841.141(b)
provides the council with the authority to adopt rules concerning the development
of standards of care and case management for persons civilly committed as
sexually violent predators.
§810.122.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Act --Health and Safety Code, Title 11, Chapter 841.
(2)
Behavioral abnormality --A congenital or acquired
condition that, by affecting a person's emotional or volitional capacity,
predisposes the person to commit a sexually violent offense, to the extent
that the person becomes a menace to the health and safety of another person.
(3)
Biennial examination expert --A person or persons
employed by or under contract with the council to conduct a biennial examination
for a person committed under the Act, §841.081.
(4)
Board --The Texas Board of Health.
(5)
Civil commitment --The civil commitment of a person
adjudged to be a sexually violent predator to a program involving outpatient
treatment and supervision.
(6)
Civil commitment case manager --A person employed
by or under contract with the council to perform duties related to the outpatient
treatment and supervision of a person civilly committed as a sexually violent
predator.
(7)
Civil commitment treatment provider --A person or
persons employed by or under contract with the council to conduct assessments,
provide treatment, conduct treatment planning and to assist the Civil Commitment
Case Manager in supervising the sexually violent predator.
(8)
Council --The Council on Sex Offender Treatment.
(9)
Department --The Texas Department of Health.
(10)
Multidisciplinary Team --Has the meaning assigned
by the Act, §841.022.
(11)
Penile Plethysmograph -- The physiological measurement
of sexual arousal.
(12)
Polygraph examiner --A licensed polygrapher who adheres
to the Joint Committee on Offender Testing (JPCOT) for polygraphing sex offenders.
(13)
Predatory act --An act that is committed for the
purpose of victimization and that is directed toward:
(A)
a stranger;
(B)
a person of casual acquaintance with whom no substantial
relationship exists; or
(C)
a person with whom a relationship has been established
or promoted for the purpose of victimization.
(14)
Repeat sexual offender --Has the meaning assigned
by the Act, §841.003.
(15)
Sexually violent offense --Means:
(A)
an offense under the Penal Code §§21.11(a)(1),
22.011, or 22.021;
(B)
an offense under the Penal Code §30.04(a)(4), if the
defendant committed the offense with the intent to violate or abuse the victim
sexually;
(C)
an offense under the Penal Code §30.02, if the offense
is punishable under subsection (d) of that section and the defendant committed
the offense with the intent to commit an offense listed in subparagraphs (A)
or (B) of this paragraph;
(D)
an attempt, conspiracy, or solicitation, as defined by
the Penal Code, Chapter 15, to commit an offense listed in subparagraphs (A),
(B) or (C) of this paragraph;
(E)
an offense under prior state law that contains elements
substantially similar to the elements of an offense listed in subparagraphs
(A), (B), (C) or (D) of this paragraph; or
(F)
an offense under the law of another state, federal law,
or the Uniform Code of Military Justice that contains elements substantially
similar to the elements of an offense listed in subparagraphs (A), (B), (C),
or (D) of this paragraph.
(16)
Sexually violent predator (SVP) --Has the meaning
assigned by the Act, §841.003.
(17)
Supervised housing --Community residential facilities,
or halfway houses, located in the State of Texas and under contract with the
Texas Department of Criminal Justice, or other similar residential facilities
as warranted which will house persons adjudged to be sexually violent predators.
(18)
Supervision contract --A contract wherein a person
agrees to participate in an Outpatient Sexually Violent Predator Treatment
Program (OSVPTP) and to abide by all of its terms and conditions.
(19)
Tracking services --An electronic monitoring service,
global positioning satellite service, or other appropriate technological service
that is designed to track a person's location.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December
10, 1999.
TRD-9908642
Walter J. Meyer, M.D.
Chairperson
Council on Sex Offender Treatment
Effective date: January 1, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 458-7236
22 TAC §§810.151-810.153
The new sections are adopted under the Act, Title 11, Health
and Safety Code, Chapter 841. Section 841.141(a) provides the council with
the authority to adopt rules consistent with the Act and §841.141(b)
provides the council with the authority to adopt rules concerning the development
of standards of care and case management for persons civilly committed as
sexually violent predators.
§810.153.Outpatient Treatment and Supervision Program.
The council shall contract for the provision of an OSVPTP which utilizes
intensive supervision and cognitive behavioral sex offender treatment to attain
the goal of no more victims. The OSVPTP is composed of the following elements:
housing, orientation, evaluation, tracking services, polygraph services, medication,
penile plethysmograph, supervision and treatment.
(1)
Housing. The council shall provide for any necessary supervised
housing, including but not limited to, existing community residential facilities,
or halfway houses currently under contract with the Texas Department of Criminal
Justice (TDCJ) and private entities, or other similar residential facilities
as warranted. The supervised housing shall be approved by the council and
shall be in locations around the State where the Department of Public Safety
(DPS) maintains sufficient personnel who are properly trained in utilizing
all forms of tracking services. Upon being admitted to supervised housing,
a SVP shall be placed on an intensive electronic monitoring system and shall
not be allowed to leave the supervised housing until he has completed the
Orientation Program and has successfully begun work on Stage One of the treatment
plan.
(2)
Orientation. A person civilly committed by a judge
to supervised housing approved by the council, shall receive an orientation
session from his assigned case manager involving the OSVPTP. The council shall
establish employment guidelines and policies for the hiring of a case manager
who will be responsible for coordinating the OSVPTP for the person civilly
committed, and for informing the person of his rights, obligations, and responsibilities
under the OSVPTP. A person civilly committed to the OSVPTP must sign all forms,
releases and consent documents approved by the council, including but not
limited to, the Supervision Contract (contract) which relate to said OSVPTP,
and the person must agree to strictly adhere to the terms and conditions of
said Contract and other documents as required by the Court. A person who signs
the contract and adheres to its terms and conditions, is allowed to begin
the OSVPTP. If the person fails to sign the documents, he is not permitted
to begin the OSVPTP and will be subject to all legal sanctions available under
the Act.
(3)
Evaluation. The initial stage of the OSVPTP shall
begin with a formal assessment of the SVP. The initial assessment shall involve
two components. First, the case manager shall review and validate the formal
risk assessment. Second, the treatment provider shall conduct an assessment
for the purpose of identifying individual needs which must be addressed during
the OSVPTP. The individual needs as identified by the treatment provider shall
be included in the person's individual treatment plan.
(4)
Tracking Services. The council shall enter into an
Interagency Agreement with the DPS which will provide the technology and expertise
to track sexually violent predators during their commitment to the OSVPTP.
The primary focus of intensive tracking services is to ensure community safety
and to teach the person civilly committed the importance of adhering to a
schedule and to the limitations imposed under the OSVPTP. Such services shall
include but not be limited to electronic monitoring, global position tracking
and surveillance. All SVP's shall begin an intensive monitoring system once
a judge civilly commits the person for outpatient treatment and supervision.
The minimum length of time that a person shall be on the intensive tracking
schedule is one year. A person may receive a less intensive tracking schedule
if the case manager and the treatment provider determine that such action
is warranted.
(5)
Polygraph Services. The council shall approve and
contract for the provision of a treatment plan for the committed person to
be developed by the treatment provider. A treatment plan shall include, but
not be limited to, the monitoring of the person with a polygraph. The treatment
plan shall consist of clinical polygraph exams specific to sex offenders,
including but not limited to disclosure exams and maintenance/monitoring exams.
The council shall only approve treatment plans which utilize licensed polygraphers
who agree to adhere to the Joint Committee guidelines for polygraphing sex
offenders.
(6)
Supervision. The council shall establish employment
guidelines and policies for the hiring of a case manager who will be responsible
for the supervision of the person civilly committed, and for the development
of a supervision plan for that person. The case manager shall be responsible
for:
(A)
conducting office supervision and field visits to monitor
the SVP;
(B)
serving as a liaison with the sex offender therapist, and
electronic tracking services;
(C)
the polygrapher;
(D)
all other professionals providing services to the SVP;
and
(E)
conducting on-going risk assessments and adjust the person's
supervision according to the risk assessment.
(7)
Treatment. The council shall approve and contract
for the provision of a treatment plan which is based on a cognitive behavioral
model with the focus of the treatment being holistic. The OSVPTP shall include
but not be limited to sex offender specific group and individual therapy;
social skills training, antiandrogenic and/or the equivalent chemotherapy,
and if deemed warranted by the treatment provider, substance abuse counseling
or traditional mental health treatment. The treatment plan shall be composed
of standard tasks which all persons must complete. In addition, individual
goals shall be established based upon evaluation data. A treatment plan may
include the monitoring of the person with a polygraph or plethysmograph. The
council shall establish employment guidelines and policies for the hiring
of treatment providers who will be responsible for developing and implementing
approved by the council. All treatment plans and guidelines for standards
of care are subject to the approval of the council prior to implementation.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December
10, 1999.
TRD-9908643
Walter J. Meyer, M.D.
Chairperson
Council on Sex Offender Treatment
Effective date: January 1, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 458-7236
22 TAC §§810.181-810.183
The new sections are adopted under the Act, Title 11, Health
and Safety Code, Chapter 841. Section 841.141(a) provides the council with
the authority to adopt rules consistent with the Act and §841.141(b)
provides the council with the authority to adopt rules concerning the development
of standards of care and case management for persons civilly committed as
sexually violent predators.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
10, 1999.
TRD-9908644
Walter J. Meyer, M.D.
Chairperson
Council on Sex Offender Treatment
Effective date: January 1, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 458-7236
22 TAC §810.211
The new section is adopted under the Act, Title 11, Health
and Safety Code, Chapter 841. Section 841.141(a) provides the council with
the authority to adopt rules consistent with the Act and §841.141(b)
provides the council with the authority to adopt rules concerning the development
of standards of care and case management for persons civilly committed as
sexually violent predators.
§810.211.Biennial Examination.
(a)
A person who is civilly committed under the Act, §841.081,
shall receive a biennial examination conducted by an expert. The council shall
approve and contract for the services of an expert who will conduct a biennial
examination of the person civilly committed as a sexually violent predator.
The expert shall not be the same expert who conducted the initial examination
of the person for civil commitment purposes. The expert shall produce a report
which shall include the following:
(1)
a background summary of the client's social history;
(2)
a treatment or supervision history and a description
of the client's history in an outpatient program;
(3)
a history of assessments utilized;
(4)
a description of client's mental status based upon
clinical observations;
(5)
a description of client's performance on psychological
tests;
(6)
the examiners' opinion about the client based on the
examination;
(7)
the examiner's recommendation regarding the client's
need for civil commitment; and
(8)
substance abuse history, anger and suicide history,
client's version and official version of the instant offense, client's level
of denial of the instant offense, and denial of deviant arousal or intent.
(b)
The report shall also include a consideration of whether
to modify a requirement imposed on the person under the Act, and whether to
release the person from all of the requirements imposed on the person under
the Act. The case manager shall provide a report of the biennial examination
to the judge having jurisdiction over the persons commitment, and to the council
through its Executive Director. The council shall establish employment guidelines
and policies setting forth duties and responsibilities, minimum qualifications,
knowledge, skills, and the abilities of a person serving as a biennial examination
expert. The expert shall not be the same expert who conducted the initial
examination of the person for civil commitment purposes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
10, 1999.
TRD-9908645
Walter J. Meyer, M.D.
Chairperson
Council on Sex Offender Treatment
Effective date: January 1, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 458-7236
Subchapter B. APPLICATION FOR LICENSE
Subchapter C. REFERENCES
Subchapter D. ENGINEERING EXPERIENCE
Subchapter E. EDUCATION
Subchapter F. EXAMINATIONS
Subchapter H. LICENSING
2.
REGISTRATION OF FIRMS
Part 25.
STRUCTURAL PEST CONTROL BOARD
Part 36.
COUNCIL ON SEX OFFENDER TREATMENT
Subchapter F. CIVIL COMMITMENT
Subchapter G. CIVIL COMMITMENT CASE MANAGER AND TREATMENT PROVIDER DUTIES AND RESPONSIBILITIES
Subchapter H. CIVIL COMMITMENT REVIEW
Subchapter I. PETITION FOR RELEASE