TITLE rule-review

Proposed Rule Reviews

Texas Department of Criminal Justice

Title 37, Part VI

The Texas Department of Criminal Justice has reviewed and therefore proposes to readopt Chapter 157, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The agency's reason for adopting the sections in Chapter 157 continues to exist.

Comments on the proposals may be submitted to Carl Reynolds, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711.

The following sections are to be readopted:

Subchapter A, concerning Admissions and Allocations

§157.1. Definitions

§157.3. Admissions to State Jails

§157.4. Designations of Regions

Subchapter B, concerning Operational Standards

§157.21. Objectives

§157.23. Administration, Management, and Operations

§157.25. Personnel

§157.27. Training and Staff Development

§157.29. Eligibility for Placement

§157.31. Use of Facility for Other Inmates

§157.33. Security and Control

§157.35. Rules and Discipline

§157.37. Special Management and Protective Custody

§157.39. Offender Rights

§157.41. Institutional Services

§157.43. Classification

§157.45. Food Service

§157.47. Sanitation and Hygiene

§157.49. Health Care

§157.51. Health Screenings and Examinations

§157.53. Offender Programs

§157.55. Mail, Telephone and Visitation

§157.57. Library

§157.59. Religious Programs

§157.61. Information Systems and Research

§157.63. Citizen Involvement and Volunteers

Subchapter C, concerning Physical Plant Standards

§157.71. Physical Plant

§157.73. Intent

§157.75. Variance

§157.77. Security

§157.79. Design Latitude

§157.81. Building and Safety

§157.83. Size, Organization and Location

§157.85. Site Design Requirements

§157.87. Offender Housing

§157.89. Environmental Conditions

§157.91. Program and Service Facilities

§157.93. Administrative and Staff Areas

§157.95. Security

§157.97. Construction Approval Rules.

TRD-9904459

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 26, 1999


The Texas Department of Criminal Justice has reviewed and therefore proposes to readopt Chapter 159, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. Section 159.7, concerning Continuity of Care System for Elderly Offenders and §159.9, concerning Firearms Proficiency Training for Supervision Officers/Memorandum of Understanding are being readopted and the agency's reason for adopting continues to exist. The remaining sections in Chapter 159, which are §§159.1, concerning Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria, 159.3, concerning Continuity of Care System for Offenders with Mental Impairments/Memorandum of Understanding, and 159.5, concerning Continuity of Care System for Offenders with Physical Disabilities are being amended in the proposed section of the July 30, 1999, Texas Register .

Comments on the proposals may be submitted to Carl Reynolds, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711.

The following sections are to be readopted:

§159.7. Continuity of Care System for Elderly Offenders

§159.9. Firearms Proficiency Training for Supervision Officers/Memorandum of Understanding

TRD-9904460

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 26, 1999


Texas Council on Purchasing from People with Disabilities

Title 40, Part VIII

The Texas Council on Purchasing from People with Disabilities (the "Council") proposes to review Title 40, Texas Administrative Code, Chapter 189, concerning the contracting with a central nonprofit agency and the performance standards for a nonprofit agency pursuant to the General Appropriations, Article IX, Section 167, 75th Legislature.

As part of the review process, the council proposes amendments to Title 40, Texas Administrative Code, Chapter 189 that may be found in the proposed rule section of the publication of the Texas Register.

The assessment made by the council at this time indicates that the reason for adopting or readopting these rules continues to exist.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Chester S. Beattie, Jr., Legal Counsel, General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047.

TRD-9904474

Judy Ponder

General Counsel

Texas Council on Purchasing from People with Disabilities

Filed: July 26, 1999


Adopted Rule Reviews

Texas Department of Human Services

Title 40, Part I

The Texas Department of Human Services adopts without changes Title 40 TAC, Chapter 30 (relating to Medicaid Hospice Program), Chapter 40 (relating to Medicaid Managed Care), Chapter 46 (relating to Licensed Personal Care Facilities Contracting with the Texas Department of Human Services for Residential Care Services), and Chapter 75 (relating to Investigations), pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The proposed review was published in the March 5, 1999, issue of the Texas Register. No comments were received regarding the review.

Subsequent to the initiation of the review, Chapter 41 (relating to Utilization Review) and Chapter 43 (relating to Utilization Control) were repealed effective July 1, 1999.

TRD-9904430

Paul Leche

General Counsel

Texas Department of Human Services

Filed: July 22, 1999


Texas Department of Licensing and Regulation

Title 16, Part IV

The Texas Department of Licensing and Regulation (Department) re-adopts 16 TAC Chapter 60, Texas Commission of Licensing and Regulation Subchapter A. Authority and Responsibilities §§60.1 and 60.10, Subchapter B. Organization §§60.60-60.65, Subchapter C. Fees §§60.80-60.82 and Subchapter D. Practice and Procedures §§60.100-60.108, 60.120-60.124, 60.150-60.160, 60.170-60.174, and 60.190-60.192 in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed rule review was published in the May 7, 1999, issue of the Texas Register (24TexReg 3546).

The comment period on the proposal and review closed June 7, 1999. No public comment was received regarding re-adoption of this chapter.

Rider 167 (section) requires state agencies to review and consider for re-adoption rules adopted under the Administrative Procedure Act. The review must include, at a minimum, an assessment that the reasons for the rules continue to exist. The Department reviewed the rules in Chapter 60 and has determined that the rules are still essential in effectuating the provisions of Texas Revised Civil Statutes Annotated, Article 9100 (Vernon 1991), which authorizes the Texas Commission of Licensing and Regulation to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Act.

As a result of the review process, the Department concurrently proposes amendments to §§60.1, 60.63, and 60.159 which may be found in the Proposed Rules section of this issue of the Texas Register .

TRD-9904044

Rachelle A. Martin

Executive Director

Texas Department of Licensing and Regulation

Filed: July 6, 1999