Part III.
Texas Youth Commission
Chapter 85.
Admission and Placement
Subchapter A. Commitment and Reception
37 TAC §85.3
The Texas Youth Commission (TYC) proposes an amendment to
§85.3, concerning admission process. The amended section will add requirements
to the current procedure for youth admission to TYC's custody. Youth are not
allowed to have personal possessions at intake. Any items in a youth's possession
at intake are inventoried and returned to the committing county. The youth
is required to sign an acknowledgment of the items returned. Youth classified
as sex offenders are registered according to current law.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be greater efficiency and compliance with sex offender registration
laws. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to adopt policies
and make rules appropriate to the proper accomplishment of its functions.
The proposed rule implements the Human Resource Code, §61.034.
§85.3. Admission Process.
(a)-(c)
(No change.)
(d)
Youth are not allowed to have personal possessions while
at the assessment unit. Personal items are inventoried and returned to the
county transporter.
The transporter and youth are asked to sign an inventory/receipt
for property items returned to the transporter's care. Items a youth may be
allowed to keep are inventoried on the Personal Property and Clothing Inventory
form, CCF-510, and a copy is given to the youth.
[
(e)-(f)
(No change.)
(g)
Routine admission procedures include but are not limited
to the following.
(1)-(7)
(No change.)
(8)
Intake staff
assigns
[
(9)
Each youth classified
as a sex offender:
(A)
is registered with the Texas Department of
Public Safety (DPS); and
(B)
has blood drawn for submission to DPS for DNA
analysis.
(h)-(i)
(No change.)
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
January 27, 1999.
TRD-9900556
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 14, 1999
For further information, please call: (512) 424-6244
Chapter 211.
Administration
37 TAC §§211.1, 211.3, 211.15, 211.21, 211.22
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes to amend Title 37, Texas Administrative
Code §211.1, concerning definitions, §211.3 concerning the filing
of documents, §211.15 concerning license action, §211.21 concerning
fees and payments and §211.22 concerning issuance of duplicates or documents.
Section 211.1 will be amending the existing terms; Accredited college or university
and Executive Director. This section will also be amended to include new definitions
for ALJ or Administrative Law Judge, Hearing examiner or Judge and SOAH-State
Office of Administrative Hearings. The amendments to §211.3 eliminates
some existing language changing the circumstances of when documents relating
to matters before the Commission are considered appropriately filed and received
by the executive director or SOAH. The amendments to §211.15 eliminates
the language concerning license expiration or deactivation and the setting
of a hearing by the commission upon petition by the holder of an expired or
deactivated license. The amendments to §211.21 eliminates the option
of cash payments being remitted to the commission by a person, agency or other
entity. The amendments to §211.22 include additional language concerning
the issuance of a document when all requirements had been previously met in
instances when the Commission is issuing a duplicate of a document.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five year period that the new sections are in effect, there
will be no fiscal implications for the state and local government as a result
of enforcing or administering the section.
Dr. Dozier also has determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of enforcing this section will be clearer understanding of the terms associated
with the definitions being amended. There will be no effect on small businesses.
There is no anticipated increase in economic costs to individuals who are
required to comply with the amendments to these sections.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas, 78723, or by facsimile
to (512) 936-7714.
The amendments are proposed under Texas Government Code Annotated,
Chapter 415, §415.010 (1), which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
The following statute is affected by this proposed amendment: Texas Government
Code Annotated, Chapter 415, §415.010-General Powers.
§211.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited college or university--An institution
of higher education that is accredited
or authorized
by [
(2)
Agency--A law enforcement unit or other
entity, whether public or private, authorized by law to appoint at least one
license holder governed by the Government Code, Chapter 415, or its predecessor
statutes.
(3)
ALJ or Administrative Law Judge--See
"Hearings Examiner" defined below.
(4)
Appointed--Elected or commissioned by
an agency as a peace officer or reserve or otherwise selected or assigned
to a position governed by the Government Code, Chapter 415, without regard
to pay or employment status.
(5)
Armed public security officer--A person
appointed under the provisions of Chapter 758, 70th Legislature, 1987.
(6)
Chief administrator--The head of an agency,
such as a sheriff, constable, chief of police, marshal, director of public
safety, etc.
(7)
Commission--The Texas Commission on Law
Enforcement Officer Standards and Education.
(8)
Commissioned--Has been given the legal
power to act as a peace officer or reserve, whether elected, employed, or
appointed.
(9)
Commissioners--The nine commission members
appointed by the governor and, where appropriate, the five ex-officio members.
(10)
Contract Jail-A correctional facility
operated by a county, municipality or private vendor operating under a contract
with a county or municipality to house inmates convicted of offenses committed
against the laws of another state of the United States as provided by Texas
Government Code, Chapter 511, §511.092.
(11)
Contract Jailer-A person employed as
a jailer or guard of a contract jail under the provisions of Texas Government
Code, §511.092, whose job title may be jailer, detention officer, correction
officer, correctional officer, or some similar title but the term does not
mean a jailer appointed and employed by the sheriff and paid by the county
as defined within these rules or the provisions of the Local Government code,
§85.005.
(12)
Convicted--Has been adjudged guilty of
or has had a judgment of guilt entered in a criminal case that has not been
set aside on appeal, regardless of whether:
(A)
the sentence is subsequently probated and the person is
discharged from probation;
(B)
the charging instrument is dismissed and the person is
released from all penalties and disabilities resulting from the offense;
(C)
the cause has been made the subject of an expunction order;
or
(D)
the person is pardoned, unless the pardon is expressly
granted for subsequent proof of innocence.
(13)
Executive director--The executive
director of the commission
or any individual authorized to act on behalf
of the executive director.
(14)
Firearms proficiency--Receiving a passing
score on a course of fire that meets or exceeds the minimum standards for
annual firearms proficiency.
(15)
Hearing examiner
or Judge--An administrative
law judge appointed by the chief administrative law judge of the State Office
of Administrative Hearings pursuant to the Texas Government Code, Chapter
2003, or
a person appointed by the executive director to conduct administrative
hearings for the commission.
(16)
Jailer--A person appointed as a jailer
or guard of county jail under the provisions of the Local Government Code,
§85.005, whose job title may be county jailer, county detention officer,
county correction officer, county correctional officer, or some similar title
but the term does not mean a city, state, federal, or private jailer.
(17)
Law enforcement agency--An organization
or entity, whether public or private, authorized by law to appoint at least
one peace officer.
(18)
License holder--Any person who holds
a current, valid license of any type issued by the commission, whether or
not under current appointment.
(19)
Officer--A peace officer or reserve.
(20)
Peace officer--A person elected, employed,
or appointed as a peace officer under the Code of Criminal Procedure, Article
2.12, under the Education Code, §51.212 or §51.214, or under other
law.
(21)
Placed on probation--Has received an
unadjudicated or deferred adjudication probation for a criminal offense.
(22)
Reserve--A person appointed as a reserve
law enforcement officer under the provisions of the Local Government Code,
§85.004 (reserve deputy sheriff), §86.012 (reserve deputy constable),
or §341.012 (municipal police reserve).
(23)
SOAH--the State Office of Administrative
Hearings.
(24)
Telecommunicator--A dispatcher or other
communications specialist appointed under or governed by the provisions of
Chapter 147, 70th Legislature, 1987.
§211.3.Filing of Documents.
All petitions, complaints, motions, replies, answers, notices, or other
documents relating to any matter before the commission shall be filed with
the executive director and shall be deemed filed only when actually received
by him
or, when appropriate, by SOAH.
[
§211.15.License Action.
(a)
A person whose license the commission proposes to deny,
cancel, suspend, or revoke is entitled to preliminary notice from and to a
hearing before the commission.[
(b)
(No change.)
(c)
The effective date of this section is
30 days from
date of final publication.
[
§211.21.Fees and Payment.
(a)
Any fee or payment made to the commission by a person,
agency, or other entity [
(b)
Application fees for licenses, certificates, [
(1)
Application for Reactivation of
an expired
[
(2)
Master Peace Officer Certificate Application: $20
(3)
Firearms Instructor Certificate Application: $20
(4)
Application for Reinstatement of Suspended
or
Expired
License: $100
(5)
Application for Endorsement of Eligibility Based on
Out-of-State Training or Education: $100
(6)
Duplicate license or certificate:
$20
(c)
The commission may charge other reasonable fees as authorized
or required by rule or law.
(d)
The effective date of this section is
30 days from
date of final publication.
[
§211.22.Issuance of Duplicate or Documents.
(a)
If an original license, certificate, acknowledgment, or
other document was previously issued by the commission, a duplicate of that
document may, if the document is current and valid, be issued after:
(1)-(2)
(No change.)
(3)
payment of a
non-refundable
$20 [
(b)
If all requirements for issuance of a document were
previously
met [
(1)-(2)
(No change.)
(c)
The effective date of this section is
30 days from
date of final publication.
[
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
February 1, 1999.
TRD-9900671
Edward T. Laine
Chief Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: March 14, 1999
For further information, please call: (512) 936-7700
37 TAC §211.10
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes new to Title 37, Texas Administrative
Code §211.10 concerning proposals for decision and exceptions or briefs.
The new section is being proposed to be in accordance with the State Office
of Administrative Hearings requirements concerning contested case hearings.
The new section explains the rights of an adversely affected party to file
exceptions or briefs in response to a proposal for decision.
Dr. D.C. Jim Dozier, Executive Director of the Commission has determined
that for the first five-year period that the new section is in effect, there
will be no fiscal implications for the state and local government as a result
of enforcing or administering the section.
Dr. Dozier also has determined that for each year of the first five years
the new section is in effect, the public benefit will be clearer understanding
of the terms associated with contested case hearings. There will be no effect
on small businesses. There is no anticipated increase in economic costs to
individuals who are required to comply with the new section.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U. S. Highway 290 East, Suite 200, Austin, Texas, 78723, or by facsimile
(512) 936-7714.
The new section is proposed under Texas Government Code annotated,
Chapter 415, §415.010 which authorizes the Commission to adopt rules
for the administration of Chapter 415.
The following statutes are affected by the proposed new section: Texas
Government Code Annotated, Chapter 415, §415.010-General Powers.
§211.10.Proposal for Decision and Exceptions or Briefs.
(a)
Following a contested case hearing, the administrative
law judge shall prepare a proposal for decision, in accordance with SOAH requirements.
(b)
Unless right of review has been waived, any adversely affected
party may, within 20 days after the date of issuance of the proposal for decision,
file exceptions or briefs. Proposed findings of fact and conclusions of law
may also be filed. Replies to exceptions, briefs, or proposed findings of
fact and conclusions of law shall be filed within 30 days after the issuance
of the proposal for decision.
(c)
The effective date of this section is 30 days from date
of final publication.
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
February 1, 1999.
TRD-9900673
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: March 14, 1999
For further information, please call: (512) 936-7700
37 TAC §211.27
The Texas Commission on Law Enforcement Officer Standards
Education proposes new to Title 37, Texas Administrative Code §211.27
concerning license renewal. The new section is proposed to implement a procedure
whereby licenses of persons who fail to obtain legislatively mandated continuing
education will automatically expire on the two year anniversary date of licensing.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the new section is in effect, there
will be fiscal implications for state and local government as a result of
enforcing or administering the section provided the licensees meet the applicable
continuing education requirements set forth in §217.9. Under the terms
of this rule, enforcement action will no longer be required to discipline
officers who do not meet the continuing education requirements. Instead, licenses
will expire automatically. A decrease in costs associated with enforcement
actions is anticipated to be approximately $30,000 per year.
Dr. Dozier also has determined that for each year of the first five years
the new section is in effect, the public benefit will be greater control and
monitoring of the training, education and certification of officers. The anticipated
cost to individuals who are required to comply with the new section will be
$100 for the application for reactivation of an expired peace officer license
if licensee allows his license to expire by not meeting the applicable continuing
education requirements set forth in §217.9.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education
, 6330 U. S. Highway 290 East, Suite 200, Austin, Texas, 78723, or by facsimile
(512) 936-7714.
The new section is proposed under Texas Government Code Annotated,
Chapter 415, §415.010 which authorizes the Commission to adopt rules
for the administration of Chapter 415.
The following statutes are affected by the proposed new section: Texas
Government Code Annotated, Chapter 415, §415.010-General Powers.
§211.27.License Renewal.
(a)
The commission will automatically renew each license on
August 31 of each odd numbered year, beginning two years from the date of
licensing, as defined in §211.23(a), of this title, provided the licensee
has met the applicable continuing education requirements set forth in §217.9,
for the current two year period, and meets all minimum standards for licensing.
(b)
The executive director shall notify in writing each licensee
who is not in compliance with the continuing education requirements of the
fact that his license will not be renewed at least six months prior to expiration
and again when the license expires for failing to meet the requirements. The
notice shall be mailed to the licensee and to the licensee's last appointing
agency, if any, and the notice shall inform the licensee that the license
will expire if the licensee does not meet the continuing education requirements
by the expiration date specified in subsection (a) of this section.
(c)
The executive director shall notify each person whose license
expires for failure to meet applicable continuing education requirements.
The notice shall be mailed to the licensee and to the licensee's last appointing
agency, if any. The notice shall inform the licensee of his opportunity to
have the license reinstated.
(d)
A person whose license has expired may have the license
reinstated by demonstrating compliance with the current continuing education
requirements within two years after license expiration. If a license is not
reinstated within two years after expiration, then a new license shall not
be issued until the applicant meets the requirements of §217.1, including
the successful subsequent completion of the applicable licensing examination.
(e)
The time between expiration and reinstatement of a license
will not count towards the issuance of proficiency certification or service
time.
(f)
The effective date of this section is January 1, 2000.
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
February 1, 1999.
TRD-9900674
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: March 14, 1999
For further information, please call: (512) 936-7700
The transporter
is asked to sign a receipt for items returned to his care. Items a youth may
be allowed to keep are inventoried and a receipt issued to the transporter.
]
assign
]
each youth an official TYC registration number.
Part VII.
Texas Commission on Law Enforcement Officer Standards and Education
its state education department and by either
] the Southern Association
of Colleges and Schools,
the Middle States Association of Colleges and
Schools, the New England Association of Schools and Colleges, the North Central
Association of Colleges and Schools, the Northwest Association of Schools
and Colleges, or the Western Association of Schools and Colleges
[
or a similar regional association
].
the hearing examiner
]
License expiration or deactivation is
automatic. However, the commission may set a hearing upon petition by the
holder of an expired or deactivated license for the commission to prove expiration
or deactivation.
]
February 1, 1989.
]
will be accepted only in the form of a
]
shall be remitted by
money order, cashier's check, or agency check.
[
Cash or personal check may be refused.
] Fees must be submitted
with an application, and are non-refundable.
and
] endorsements
and duplicate documents
include, but are not
limited to, the following:
a
] Peace Officer License: $100
November 1, 1997.
]
nonrefundable
] application fee.
at one time
], the commission may issue
the document, without requiring the payment of a fee, regardless of:
September 1, 1998.
]
Chapter 217.
Licensing Requirements