Part I.
Texas Department of Public Safety
Chapter 7.
Division of Emergency Management
Subchapter A. Emergency Management Program Requirements
37 TAC §7.2, §7.3
The Texas Department of Public Safety adopts amendments to
§7.2 and §7.3, concerning Emergency Management Program Requirements,
without changes to the proposed text as published in the December 18, 1998,
issue of the
Texas Register
(23 TexReg 12880)
and will not be republished.
The justification for the section will be rules that more accurately reflect
policy and procedures relating to emergency management.
Language is added and deleted in §7.2 and §7.3 to comport with
applicable Governor's Executive Order, GWB95-1, relating to Emergency Management.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code,
§411.006(4), which provides the director with the authority to adopt
rules, subject to commission approval, considered necessary for the control
of the department and Texas Government Code, §418.024 and §418.042.
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 February
22, 1999.
TRD-9901093
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: March 14, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-2135
37 TAC §7.13
The Texas Department of Public Safety adopts an amendment
to §7.13, concerning Emergency Management Planning and Preplanning Requirements,
without changes to the proposed text as published in the December 18, 1998,
issue of the
Texas Register
(23 TexReg 12881)
and will not be republished.
The justification for the amendments are rules that more accurately reflect
statute and policy.
Language is amended to replace a reference to the Civil Disaster Act of
1950, which has been repealed, with a reference to the current applicable
statute. The name of the subchapter has also been amended to more accurately
reflect current policy.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code,
§411.006(4), which provides the director with the authority to adopt
rules, subject to commission approval, considered necessary for the control
of the department and Texas Government Code, §418.024 and §418.042.
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 February
22, 1999.
TRD-9901094
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: March 14, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-2135
37 TAC §§7.25, 7.27-7.29
The Texas Department of Public Safety adopts amendments to
§§7.25 and 7.27-7.29, concerning Emergency Management Operations,
without changes to the proposed text as published in the December 18, 1998,
issue of the
Texas Register
(23 TexReg 12881)
and will not be republished.
The justification for the amendments are rules that more accurately reflect
policy and procedures relating to emergency management.
Language in §7.25 is amended to comport with language of the current
State of Texas State Plan as promulgated pursuant to Texas Government Code,
§418.042. §7.27 is amended by deleting the language "order the public"
and inserting in its place "recommend the public," in order to comport with
the language of Texas Government Code, §418.018(a). The title of §7.28
is amended by substituting "evacuees" for "refugees." The amended language
of the title corresponds to the language in the body of the rule. §7.29
is amended to replace the language "Texas Disaster Act," with the language,
"Chapter 418 of the Texas Government Code, as amended." The Texas Disaster
Act is codified as Texas Government Code, Chapter 418.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code,
§411.006(4), which provides the director with the authority to adopt
rules, subject to commission approval, considered necessary for the control
of the department and Texas Government Code, §418.024 and §418.042.
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 February
22, 1999.
TRD-9901095
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: March 14, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-2135
37 TAC §7.42
The Texas Department of Public Safety adopts an amendment
to §7.42, concerning Recovery and Rehabilitation Requirements, without
changes to the proposed text as published in the December 18, 1998, issue
of the
Texas Register
(23 TexReg 12882) and
will not be republished.
The justification for this section will be rules that more accurately reflect
policy and procedure relating to emergency management.
Language in §7.42 is amended to comport with relevant language in
the State Plan promulgated pursuant to Texas Government Code, §418.042.
The section is also amended to add a requirement that any request for assistance
or a request for a gubernatorial disaster declaration must include a local
state of disaster.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.006(4),
which provides the director with the authority to adopt rules, subject to
commission approval, considered necessary for the control of the department
and Texas Government Code, §418.024 and §418.042.
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 February
22, 1999.
TRD-9901096
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: March 14, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-2135
37 TAC §7.45
The Texas Department of Public Safety adopts the repeal of
§7.45, concerning Assistance Available, without changes to the proposed
text as published in the December 18, 1998, issue of the
Texas Register
(23 TexReg 12882) and will not be republished.
The justification for the repeal is that the section no longer exists and,
therefore, serves no purpose.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.006(4),
which provides the director with the authority to adopt rules, subject to
commission approval, considered necessary for the control of the department
and Texas Government Code, §418.024 and §418.042.
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 February
22, 1999.
TRD-9901097
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: March 14, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 424-2135
Chapter 253.
Definitions
37 TAC §253.1
The Texas Commission on Jail Standards adopts an amendment
to §253.1, concerning definitions, without changes to the proposed text
as published in the January 1, 1999, issue of the
Texas Register
(24 TexReg 94).
The amendment is being adopted due to a commission meeting held November
16, 1998, where jail administrators, architects and other jail associations
were invited to discuss the proposed changes to construction standards. During
that time it was indicated that a definition for the words "system" and "ward"
should be included in the standard.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Government Code, Chapter 511,
which provides the Texas Commission on Jail Standards with the authority to
revise, amend, or change rules and procedures if necessary.
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 February
22, 1999.
TRD-9901062
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: March 14, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 463-5505
37 TAC §257.9, §257.10
The Texas Commission on Jail Standards adopts amendments
to §257.9 and §257.10, concerning construction approval rules, without
changes to the proposed text as published in the January 1, 1999, issue of
the
Texas Register
(24 TexReg 95).
The amendment to §257.9 is being adopted due to the commission adopted
the Americans with Disabilities Act Accessibility Guidelines (ADAAG), §11.4.1
and §11.4.2 and Chapter 12 and the Texas Accessibility Standards effective
August 1996. Since that time, ADAAG designations have been amended. The proposed
change to this section will update the standard consistent with the latest
interim final rules for courtroom holding cells and jail facilities.
Currently §257.10 requires plans be submitted to the elimination of
Architectural Barriers (EAB) of the Texas Department of Licensing and Regulation
for review. Adopting this amendment will still require the plans to be supplied
to EAB for review but allow the county to begin construction immediately following
jail standards review.
Both of these sections are part of the agency review process in accordance
with the Appropriations Act of 1997, House Bill 1, Article IX, §167.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Government Code, Chapter 511,
which provides the Texas Commission on Jail Standards with the authority to
revise, amend, or change rules and procedures if necessary.
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 February
22, 1999.
TRD-9901063
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: March 14, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 463-5505
37 TAC §257.11
The Texas Commission on Jail Standards adopts new §257.11,
concerning construction approval rules, without changes to the proposed text
as published in the January 22, 1999, issue of the
Texas Register
(24 TexReg 372).
During the meeting of November 16, 1998 to discuss proposed changes to
construction rules, there was a concern that the current standards did not
indicate when the changes would become effective. The adopted new section
will indicate that facilities in planning or construction prior to the effective
date of the standards adoption will not have to comply with the new changes.
This section is part of the agency review process in accordance with the
Appropriations Act of 1997, House Bill 1, Article IX, §167.
No comments were received regarding adoption of the new section.
The new section is adopted under Government Code, Chapter 511,
§511.009(1), which provides the Texas Commission on Jail Standards with
the authority to adopt reasonable rules and procedures establishing minimum
standards for the construction, equipment, maintenance and operation of county
jails.
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 February
22, 1999.
TRD-9901064
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: March 14, 1999
Proposal publication date: January 22, 1999
For further information, please call: (512) 463-5505
Subchapter A. General
Subchapter B. Emergency Management Planning Requirements.
Subchapter C. Emergency Management Operations
Subchapter D. Recovery and Rehabilitation Requirements
Part IX.
Texas Commission on Jail Standards
Chapter 257.
Construction Approval Rules
Chapter 269.
Records and Procedures