TITLE public-safety-and-corrections

Part XII. Texas Military Facilities Commission

Chapter 379. Administrative Rules

37 TAC §§379.1-379.3

The Texas Military Facilities Commission proposes new §§379.1-379.3, concerning Public Access. The new sections are being proposed due to Sunset across the board recommendations requiring the agency to develop rules for public access to the Commission. These sections were originally proposed and published in the November 20, 1998, issue of the Texas Register (23 TexReg 11787). Due to a correction being made in the cross-reference to statute site, the November 20th proposed sections are being withdrawn elsewhere in this issue of the Texas Register .

Lydia Cruz, Director of Accounting and Administration, Texas Military Facilities Commission, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Ms. Cruz also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be the development of new rules regarding public access. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Julie Wright, Texas Military Facilities Commission, P.O. Box 5426, Austin, Texas 78763-5426.

The new sections are proposed under the Government Code, §435.011, which provides the Texas Military Facilities Commission with the authority to promulgate rules.

The following section of the Government Code is affected by the proposed new rules: §435.015.

§379.1. Commission Information.

The Commission staff shall provide a mission statement and current list of the name, mailing address, and telephone number of the Commission to each facility under the jurisdiction of the Texas Military Facilities Commission. The information is provided for the purpose of directing complaints relating to building maintenance or agency performance to the Commission.

§379.2. Filing Complaints.

(a)

The Commission staff shall provide to persons wishing to file a complaint the agency's policy and procedures regarding complaints.

(b)

Complaints should be submitted directly to the Executive Director. The complaint shall be made in writing. The written statement shall include information identifying the nature of the complaint and setting forth specific facts and circumstances that require investigation, including any documentation and/or identification of relevant witnesses.

§379.3. Appeals.

Appeals should be submitted directly to the Commission Chairman. The complaint shall be made in writing. The written statement shall include information identifying the nature of the complaint and setting forth specific facts and circumstances that require investigation, including any documentation and/or identification of relevant witnesses.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 1999.

TRD-9902171

Jerry D. Malcolm

Executive Director

Texas Military Facilities Commission

Earliest possible date of adoption: May 30, 1999

For further information, please call: (512) 406-6971