Part I. Office of the Governor

Chapter 3. Criminal Justice Division

The Office of the Governor proposes to repeal §§3.555, 3.790, 3.4150, 3.8300, 3.8305, 3.8310, 3.8315, and 3.8320. The Office of the Governor proposes amendments to §§3.5, 3.115, 3.130, 3.140, 3.150, 3.180, 3.215, 3.230, 3.235, 3.240, 3.250, 3.280, 3.305, 3.315, 3.340, 3.350, 3.380, 3.405, 3.410, 3.415, 3.430, 3.440, 3.450, 3.480, 3.500, 3.505, 3.510, 3.515, 3.540, 3.585, 3.615, 3.640, 3.685, 3.715, 3.740, 3.910, 3.940, 3.980, 3.985, 3.1010, 3.1050, 3.1105, 3.1110, 3.1115, 3.1140, 3.2000, 3.2020, 3.3065, 3.3070, 3.4020, 3.4055, 3.4080, 3.5004, 3.6075, 3.6080, 3.6095, 3.6110, and 3.7010. The Office of the Governor proposes new §§3.797, 3.1040, 3.1190, 3.4160, 3.4165, 3.4170, 3.4175, and 3.4180. This chapter clearly identifies, defines, and provides other information on important policies, community planning, application submission guidelines, budget information, grant administration guidelines, program monitoring and auditing, funding sources, advisory boards, governing directives, and other relevant statutes.

Tom Jones, Director of Accounting for the Criminal Justice Division has determined that in general for the first five year period the rules are in effect there will be no fiscal impact on the state. The funds remain stable and the method for allocating funds on a regional basis has not changed.

Mr. Jones also has determined that for the first five year period the proposed rules are in effect the public benefit will be clarification of funding sources. There will be no anticipated economic cost to persons or small businesses.

Comments on the proposed chapters may be submitted to Pamela Brown at the Criminal Justice Division of the Governor's Office, P. O. Box 12428, Austin, Texas 78711.

Subchapter A. Criminal Justice Division-General Powers

1 TAC §3.5

The amendment is proposed under Texas Government Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by this proposed rule.

§3.5.Applicability.

These rules shall apply to applications and grants for the 1998 [ 1997 ] Texas Narcotics Control Program applications that begin on or after June 1, 1999 [ 1998 ], Violence Against Women Act applications that begin on or after June 1, 1999 [ 1998 ], Victims of Crime Act applications that begin on or after July 1, 1999 [ 1998 ], Criminal Justice Planning (421) Fund applications that begin on or after September 1, 1999 [ 1998 ], Safe and Drug-Free Schools and Communities Act applications that begin on or after September 1, 1999 [ 1998 ], Title V Delinquency Prevention Fund applications that begin on or after April 1, 1999 [ 1998 ], Crime Stoppers Assistance Program applications that begin on or after November 1, 1999 [ 1998 ], Residential Substance Abuse Treatment applications that begin on or after September 1, 1999 [ 1998 ], and Challenge applications that begin on or after September 1, 1999 [ 1998 ].

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 19, 1999.

TRD-9902310

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1. State Criminal Justice Planning (421) Fund

1 TAC §§3.115, 3.130, 3.140, 3.150, 3.180

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.115.Submission and Selection Process.

(a)-(b)

(No change.)

(c)

Application kits for statewide projects are available at CJD. Applications must be submitted to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.130.Years of Funding.

The maximum years of funding available for a single project is five years. Regional councils of governments may exempt projects from both this policy and the decreasing funding ratio policy up to an amount set each year by the Criminal Justice Division. [ CJD may exempt a project from this policy if, at the end of the maximum years of funding, acceptable justification is given for why the project has not become self-sufficient, the project has shown acceptable results, and continued need is documented. The executive director of CJD must approve such an exemption in writing. ]

§3.140.Decreasing Funding Policy.

(a)

The decreasing funding ratio provides for CJD funding of 100% of costs in the first year. The first-year grant award, regardless of previous or current funding source, sets a benchmark for all other funding decisions. In the second year the grantee is eligible for 80% of the benchmark amount; in the third year the grantee is eligible for 60% of the benchmark amount; in the fourth year the grantee is eligible for 40% of the benchmark amount; in the fifth year, the grantee is eligible for 20% of the benchmark amount. [ No project under this policy will be considered for sixth- or subsequent-year funding unless the executive director of the Criminal Justice Division, under unusual circumstances, waives this policy in writing. ]

(b)

Under this policy, the grantee is responsible for continuing a level of service that is, at a minimum, what it provides in the first year of funding. This is not a cash match requirement, however, and the grantee is not responsible for accounting for any funds other than those directly granted by CJD , required as match in specific budget items, or earned as program income. The grantee may, however, be required to disclose those other funding sources. Additionally, if the grantee's number of personnel and their responsibility or expertise levels decrease from year to year, then the grantee must justify how a consistent level of service is being maintained with less personnel time or expertise.

(c)

Projects to regional councils of governments for planning purposes are exempt from this rule. CJD may make further exemptions of this policy for other types of projects administered by regional councils of governments, if CJD determines that continuing such a project is crucial for the region. Additionally, the regional councils of governments may exempt projects from this policy and the years of funding policy under §3.130 of this title (relating to Years of Funding) up to an amount set by CJD.

(d)

CJD will not accept applications that request more money than this policy allows. As a result, it is important for the applicant to carefully calculate the maximum amount of the funding request using the ratios provided above.

[ (c)

Grants with original fiscal years of funding of 1994 or before are exempt from the benchmark policy and follow rules in effect at the time of original funding. Continuation funding, however, is not guaranteed.]

[ (d)

Projects to regional councils of governments for planning or regional law enforcement projects are exempt from this rule. CJD may make further exemptions of this policy for other types of projects administered by regional councils of governments, if CJD determines that continuing such a project is crucial for the region.]

§3.150.Professional and Contractual Services.

In addition to the general policies referenced in §3.3050 of this title (relating to Professional and Contractual Services) CJD will only provide funds for up to 50% of the costs for the design, development, or procurement of computer hardware and software. The grantee may use CJD funds for such computer-related costs during the first year of funding only. A special discount can count as a match as long as this discount was for the project only and was not available to the general public.

§3.180.Indirect Costs.

(a)

Applicants without an approved cost allocation plan may receive indirect costs in an amount not to exceed a total of two percent of the total direct costs awarded by CJD. Applicants with an approved cost allocation plan may use it to determine the allowable indirect costs. Applicants with a plan should include the page that indicates the indirect cost from their allocation plan with the application. If the grantee uses the two-percent rule, indirect costs may be charged to CJD funds but not to cash match. Personnel expenses included in indirect costs should not be staff positions directly related to the grant, but rather support or administrative staff expenses such as payroll services, legal services, staff supervision, etc. [ Additionally, such support services may not be listed under direct services if the grantee receives any indirect costs. ]

(b)

(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 April 19, 1999.

TRD-9902309

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.215, 3.230, 3.235, 3.240, 3.250, 3.280

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.215.Submission and Selection Process.

(a)-(b)

(No change.)

(c)

Application kits for statewide projects are available at CJD. Applications must be submitted to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.230.Years of Funding.

The maximum years of funding available for a single project is five years. Regional councils of governments may exempt projects from both this policy and the decreasing funding ratio policy up to an amount set each year by the Criminal Justice Division. [ CJD may exempt a project from this policy if, at the end of the maximum years of funding, acceptable justification is given for why the project has not become self-sufficient, the project has shown acceptable results, and continued need is documented. The executive director of CJD must approve such an exemption in writing. ]

§3.235.Funding Levels.

In general, the minimum amount that may be applied for in grant funds is $1,000 in year one [ $5,000 ]. If the decreasing funding ratio §3.240 of this title (relating to Decreasing Funding Policy) causes a continuation application to be eligible for less than that amount, then the lower amount is acceptable providing the minimum was met in the first year of funding. There is no maximum grant award.

§3.240.Decreasing Funding Policy.

(a)

The decreasing funding ratio provides for CJD funding of 100% of costs in the first year. The first-year grant award, regardless of previous or current funding source, sets a benchmark for all other funding decisions. In the second year the grantee is eligible for 80% of the benchmark amount; in the third year the grantee is eligible for 60% of the benchmark amount; in the fourth year the grantee is eligible for 40% of the benchmark amount; in the fifth year, the grantee is eligible for 20% of the benchmark amount. [ No project under this policy will be considered for sixth- or subsequent-year funding unless the executive director of the Criminal Justice Division, under unusual circumstances, waives this policy in writing. ]

(b)

Under this policy, the grantee is responsible for continuing a level of service that is, at a minimum, what it provides in the first year of funding. This is not a cash match requirement, however, and the grantee is not responsible for accounting for any funds other than those directly granted by CJD , required as match in specific budget items, or earned as program income. The grantee may, however, be required to disclose those other funding sources. Additionally, if the grantee's number of personnel and their responsibility or expertise levels decrease from year to year, then the grantee must justify how a consistent level of service is being maintained with less personnel time or expertise.

(c)

Projects to regional councils of governments for planning purposes are exempt from this rule. CJD may make further exemptions of this policy for other types of projects administered by regional councils of governments, if CJD determines that continuing such a project is crucial for the region. Additionally, the regional councils of governments may exempt projects from this policy and the years of funding policy under §3.230 of this title (relating to Years of Funding) up to an amount set by CJD.

(d)

CJD will not accept applications that request more money than this policy allows. As a result, it is important for the applicant to carefully calculate the maximum amount of the funding request using the ratios provided above.

(e)

The amount of the award in state fiscal year 1997 set the funding benchmark for following years of funding, if the grant was active in that year.

§3.250.Professional and Contractual Services.

In addition to the general policies in §3.3050 of this title (relating to Professional and Contractual Services), CJD will only provide funds for up to 50% of the costs for the design, development, or procurement of computer hardware and software. The grantee may use CJD funds for these computer-related costs during the first year of funding only. A special discount can count as a match as long as this discount was for the project only and was not available to the general public.

§3.280.Indirect Costs.

(a)

Applicants without an approved cost allocation plan may receive indirect costs in an amount not to exceed two percent of the total direct costs awarded by CJD. Applicants with an approved cost allocation plan may use it to determine the allowable indirect costs. Applicants with a plan should include the page that indicates the indirect cost from their allocation plan with the application. If the grantee uses the two-percent rule, indirect costs may be charged to CJD funds but not to cash match. [ Additionally, services appropriate to indirect costs may not be listed under direct services if the grantee receives any indirect costs. ]

(b)

(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 April 19, 1999.

TRD-9902308

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.305, 3.315, 3.340, 3.350, 3.380

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.305.Eligible Projects.

Projects must meet the requirements of §3.2005 of this title (relating to Juvenile Justice and Youth Projects). [ Additionally, projects must address identified risk factors, including individual characteristics such as alienation, rebelliousness, and lack of bonding to society; family influences such as parental conflict, child abuse, and a family history of substance abuse, criminality, teen pregnancy, and school dropout; school problems such as early academic failure and lack of commitment to school; negative peer group influences in the areas of drugs, gangs, and violence; and neighborhood factors such as economic deprivation, high rates of substance abuse, crime, and neighborhood decay. ] Additionally all applications must include a comprehensive three-year plan that addresses identified risk factors, individual characteristics such as alienation, rebelliousness, and lack of bonding to society; family influences such as parental conflict, child abuse, and a family history of substance abuse, criminality, teen pregnancy, and school dropout; school problems such as early academic failure and lack of commitment to school; negative peer group influences in the areas of drugs, gangs, and violence; and neighborhood factors such as economic deprivation, high rates of substance abuse, crime, and neighborhood decay. Plans must also identify protective factors that counteract the risks described above. This approach requires a commitment by and the participation of the entire community in developing and implementing a comprehensive strategy. The strategy must include an inventory of all resources available to implement the strategy, including federal, state, local, and private. [ Applicants must develop and implement a comprehensive community strategy. Strategies must include an inventory of all resources available to implement the strategy, including federal, state, local, and private. ]

§3.315.Submission and Selection Process.

(a)-(b)

(No change.)

(c)

Application kits for statewide projects are available at CJD. The original and one copy of applications are due to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.340.Match Policy.

(a)-(e)

(No change.)

(f)

If an applicant is required to show a match in the application and does not demonstrate an adequate match to meet the requirement, the CJD portion of the application will be decreased to compensate.

§3.350.Professional and Contractual Services.

In addition to the general policies in §3.3050 of this title (relating to Professional and Contractual Services) CJD will only provide funds for up to 50% of the costs for the design, development, or procurement of computer hardware and software. The grantee may use CJD funds for these computer-related costs during the first year of funding only. A special discount can count as a match as long as this discount was for the project only and was not available to the general public.

§3.380.Indirect Costs.

(a)

Applicants without an approved cost allocation plan may receive indirect costs in an amount not to exceed a total of two percent of the total direct costs awarded by CJD. Applicants with an approved cost allocation plan may use it to determine the allowable indirect costs. Applicants with a plan should include the page that indicates the indirect cost from their allocation plan with the application. If the grantee uses the two-percent rule, indirect costs may be charged to CJD funds but not to cash match. [ Additionally, services appropriate to indirect costs may not be listed under direct services if the grantee receives any indirect costs. ]

(b)

(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 April 19, 1999.

TRD-9902307

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.405, 3.410, 3.415, 3.430, 3.440, 3.450, 3.480

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.405.Eligible Projects.

(a)-(c)

(No change.)

(d)

To ensure that SDFSC funds are used in ways that are most likely to reduce drug use and violence among youths, applicants should coordinate projects with other available prevention efforts. As a requirement of the Act, the U.S. Department of Education requires that all SDFSC-funded projects meet certain rules. Among these rules are the Principles of Effectiveness, which require each grant project to:

(1)

Analyze objective information about the local drug and violence situation to narrowly define the problems in the community.

(2)

Using the objective analysis and community planning efforts, establish a set of measurable goals and objectives and design a project to meet them.

(3)

Implement a project based on curricula or methods that have been researched or evaluated and are shown to prevent or reduce drug use, violence, or disruptive behavior among youths.

(4)

Conduct periodic evaluations to assess progress toward achieving goals and objectives, and use these evaluation results to refine, improve, and strengthen both the project and the goals and objectives of the project.

(e)

These federal rules require grantees to either base their project fully on an already evaluated and proven project or to prove its effectiveness within two years. This federal requirement can be met in one of two ways: The project can be based on an existing method or curriculum that has already been evaluated and proven effective. If this method is chosen, a citation for the research study must be provided in the grant application. A grantee funded under this chapter may conduct an evaluation that proves its effectiveness by the end of their grant in fiscal year 2001, if another award is made. Funding for such an evaluation may be requested in the grant budget. If such an evaluation is not provided to CJD by the end of the second year, then federal rules require that CJD no longer fund the project.

§3.410.Eligible Applicants.

Eligible to apply for grant funds are regional councils of governments, local units of government, universities and colleges, independent school districts, nonprofit corporations, local crime control and prevention districts, state agencies, Native American tribes, [ and ] faith-based organizations , and regional education service centers . Faith-based programs with a legal nonprofit status and a tax exempt status granted by the Internal Revenue Service are eligible to apply for CJD funding sources where nonprofit corporations are eligible. These programs may not use grant funds, matching funds, or program income to proselytize or for sectarian worship.

§3.415.Submission and Selection Process.

(a)-(b)

(No change.)

(c)

Funds are set aside by CJD for statewide projects. Application kits for statewide projects are available at CJD. Applications for statewide projects must be submitted to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.430.Years of Funding.

The maximum years of funding available for a single project is five years. Regional councils of governments may exempt projects from both this policy and the decreasing funding ratio policy up to an amount set each year by the Criminal Justice Division. [ CJD may exempt a project from this policy if, at the end of the maximum years of funding, acceptable justification is given for why the project has not become self-sufficient, the project has shown acceptable results, and continued need is documented. The executive director of CJD must approve such an exemption in writing. ]

§3.440.Decreasing Funding Policy.

(a)

The decreasing funding ratio provides for CJD funding of 100% of costs in the first year. The first-year grant award, regardless of previous or current funding source, sets a benchmark for all other funding decisions. In the second year the grantee is eligible for 80% of the benchmark amount; in the third year the grantee is eligible for 60% of the benchmark amount; in the fourth year the grantee is eligible for 40% of the benchmark amount; in the fifth year, the grantee is eligible for 20% of the benchmark amount. [ CJD will not consider any project for sixth- or subsequent-year funding unless the executive director of the Criminal Justice Division, under unusual circumstances, waives this policy in writing. ]

(b)

Under this policy, the grantee is responsible for continuing a level of service that is, at a minimum, what it provides in the first year of funding. This is not a cash match requirement, however, and the grantee is not responsible for accounting for any funds other than those directly granted by CJD , required as match in specific budget items, or earned as program income. The grantee may, however, be required to disclose those other funding sources. Additionally, if the grantee's number of personnel and their responsibility or expertise levels decrease from year to year, then the grantee must justify how a consistent level of service is being maintained with less personnel time or expertise.

(c)

Projects to regional councils of governments for planning purposes are exempt from this rule. CJD may make further exemptions of this policy for other types of projects administered by regional councils of governments, if CJD determines that continuing such a project is crucial for the region. Additionally, the regional councils of governments may exempt projects from this policy and the years of funding policy under §3.430 of this title (relating to Years of Funding) up to an amount set by CJD.

(d)

(No change.)

(e)

CJD will not accept applications that request more money than this policy allows. As a result, it is important for the applicant to carefully calculate the maximum amount of the funding request using the ratios provided above.

§3.450.Professional and Contractual Services.

In addition to the general policies in §3.3050 of this title (relating to Professional and Contractual Service), CJD will only provide funds for up to 50% of the costs for the design, development, or procurement of computer hardware and software. The grantee may use CJD funds for these computer-related costs during the first year of funding only. A special discount can count as a match as long as this discount was for the project only and was not available to the general public.

§3.480.Indirect Costs.

(a)

Applicants without an approved cost allocation plan may receive indirect costs in an amount not to exceed a total of two percent of the total direct costs awarded by CJD. Applicants with an approved cost allocation plan may use it to determine the allowable indirect costs. Personnel expenses included in indirect costs should not be staff positions directly related to the grant, but rather support or administrative staff expenses such as payroll services, legal services, staff supervision, etc. Applicants with a plan should include the page that indicates the indirect cost from their allocation plan with the application. If the grantee uses the two-percent rule, indirect costs may be charged to CJD funds but not to cash match. [ Additionally, services appropriate to indirect costs may not be listed under direct services if the grantee receives any indirect costs. ]

(b)

(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 April 19, 1999.

TRD-9902306

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.500, 3.505, 3.510, 3.515, 3.540, 3.585

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.500.Source and Purpose.

The Victims of Crime Act of 1984, as amended, 421 USC 10603 [ 10601 ] et seq. authorizes the VOCA grant program under Public Law 98-473, title II, chapter XIV. The Office of Victims of Crime in the United States Department of Justice provides an annual formula grant to Texas. The program provides funds to operate projects with the primary mission of providing assistance and services directly to victims of crime. These services do not include monetary compensation or financial assistance. VOCA provides funding for programs that provide victims with the assistance and services necessary to speed their recovery from a criminal act and aid them in the criminal justice process. New applicants must demonstrate that, at a minimum, 25% of their financial support comes from non-federal sources.

§3.505.Eligible Projects.

(a)-(d)

(No change.)

(e)

Activities that are ineligible for grant funding include:

(1)-(3)

(No change.)

(4)

VOCA funds cannot be used to pay for activities that are directed at improving the criminal justice system's effectiveness and efficiency, such as witness notification and management activities and expert testimony at trial. [ Witness management or notification programs are ineligible. Victim/witness assistance programs that provide both victim services and witness notification services can receive funding support only for that portion of the program that provides direct services to crime victims. ]

(5)-(6)

(No change.)

(7)

VOCA funds cannot be used to pay for non-emergency legal representation such as for divorces, custody cases, or civil restitution recovery efforts. [ Legal assistance and representation in civil matters are ineligible, except obtaining protective orders, elder abuse petitions, and child abuse petitions. ]

(8)-(23)

(No change.)

(24)

Funds cannot be used for capital improvements, security guards, and body guards.

(f)

Eligible projects include:

(1)

Immediate health and safety services that respond to the immediate emotional and physical needs (excluding medical care) of crime victims such as crisis intervention; hospital accompaniment; hot line counseling; emergency food, clothing, transportation, and shelter; emergency short-term nursing home shelter; emergency legal assistance such as filing protective orders and obtaining emergency custody or visitation rights in cases of family violence when necessary to protect the health and safety of the victim; temporary measures to secure the home in situations where a violent crime occurs in the victim's home and it is necessary for the victim to remain there; one-time clothing and food purchases for the victim immediately following the crime; and other emergency services intended to restore the victim's sense of security. In situations where a violent crime occurs in the victim's home and it is necessary for the victim to remain there, projects may use CJD funding for temporary measures to secure the home. In no event can the total expenditures for clothing, food, and securing the home exceed $300 per victimization incident.

(2)-(8)

(No change.)

(9)

For sexual assault victims, forensic exams are allowable costs only to the extent that other funding sources are unavailable or insufficient and such exams conform with state evidentiary collection requirements.

§3.510.Eligible Applicants.

Eligible to apply for grant funds are local units of governments, state agencies, nonprofit corporations, Native American tribes, [ regional education service centers, ] state agencies, and faith-based organizations. Faith-based programs with a legal nonprofit status and a tax exempt status granted by the Internal Revenue Service are eligible to apply for CJD funding sources where nonprofit corporations are eligible. These programs may not use grant funds, matching funds, or program income to proselytize or for sectarian worship.

§3.515.Submission and Selection Process.

(a)-(b)

(No change.)

(c)

Application kits for statewide projects are available at CJD. The original and one copy of applications are due to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.540.Match Policy.

(a)-(e)

(No change.)

(f)

If an applicant is required to show a match in the application and does not demonstrate an adequate match to meet the requirement, the CJD portion of the application will be decreased to compensate.

(g)

VOCA projects must have volunteers.

(h)

Cities and counties with continuation projects must contribute at least the same level of matching funds that they contributed in the preceding year.

§3.585.Progress Reports.

Each grantee must submit progress reports in accordance with the instructions provided by and in the form prescribed by CJD. The grantee must submit reports only for those activities supported by CJD grant funds and grantee match. The project director of the grant must sign all progress reports. Progress reports are due [ quarterly ] twice a year. The first progress report is due 20 days following the end of the sixth month of the grant period. The final progress report is due 20 days following the end of the grant period. [ The report is due 20 days after the end of each three month reporting period. ] Failure to meet these deadlines will result in CJD placing an automatic financial hold on the grantee. CJD will not award a grant for a continuation project unless all progress reports due by the award date are complete, correct, and on file at CJD.

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 19, 1999.

TRD-9902305

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §3.555

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Office of the Governor or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Texas Government Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by the proposed rule.

§3.555.Transportation, Travel, and Training.

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 19, 1999.

TRD-9902304

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.615, 3.640, 3.685

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.615.Submission and Selection Process.

(a)-(b)

(No change.)

(c)

Application kits for statewide projects are available at CJD. The original and one copy of applications are due to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.640.Match Policy.

(a)

Programs that are in their first or second year of funding need not provide a cash match except on equipment. Programs in their third and subsequent years of funding must provide a match that is equivalent to the total amount of the grant award. This requirement may [ must ] be satisfied through cash or in-kind contributions [ only ]. The Criminal Justice Division may waive the match requirement if the applicant can adequately demonstrate that the project will benefit Crime Stoppers on a statewide basis. Grants to conduct a Crime Stoppers training conference have no cash match requirement.

(b)-(e)

(No change.)

(f)

If an applicant is required to show a match in the application and does not demonstrate an adequate match to meet the requirement, the CJD portion of the application will be decreased to compensate.

§3.685.Progress Reports.

(a)

Each grantee must submit progress reports in accordance with the instructions provided by and in the form prescribed by CJD. The grantee must submit reports only for those activities supported by CJD grant funds, grantee match, and program income. The project director of the grant must sign all progress reports. Progress reports are due the 15th day of the month following the end of each quarter [ monthly ]. Failure to meet these deadlines will result in CJD placing an automatic financial hold on the grantee. CJD will not award a grant for a continuation project unless all progress reports due by the award date are complete, correct, and on file at CJD.

(b)

(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 April 19, 1999.

TRD-9902303

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.715, 3.740, 3.797

The amendments and new section are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.715.Submission and Selection Process.

(a)

An original and one copy of TNCP applications must be sent directly to the Criminal Justice Division and a copy must be sent to the criminal justice planner at the appropriate regional council of governments. [ All applicants must submit their applications for local or regional grants directly to the appropriate regional council of governments (COG). Applicants should call or write their COG for the correct deadline for applications and for application kits. Applications received after deadline will not be considered. ]

(b)

(No change.)

(c)

Application kits for statewide projects are available at CJD. Applications must be submitted to the Criminal Justice Division by the first working day in March each year. Once the applications arrive at CJD, staff members and other experts or board members selected by the CJD director will review the applications for eligibility and cost-effectiveness and rate them competitively by funding source. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.740.Match Policy.

(a)-(d)

(No change.)

(e)

Grantees may use any cash received through legal asset forfeiture toward grantee cash match requirements.

(f)

If an applicant is required to show a match in the application and does not demonstrate an adequate match to meet the requirement, the CJD portion of the application will be decreased to compensate.

(g)

The sources of match for TNCP projects must be current at the time of grant award, not anticipated. Additionally, the applicant must identify the sources in the application.

§3.797.Grant Officials.

In addition to the general policies in §3.6000 of this title (relating to Grant Officials), the project director for a multi-jurisdictional task force must be the chief of police for grants to cities or the sheriff or the district attorney for grants to counties. The project director may designate a project coordinator within their department or office or from a participating law enforcement agency to represent them in the day-to-day management of the task force. The project director, however, may not abrograte their responsibility to ensure that the project is operated efficiently, effectively, and in accordance with all laws, regulations, and guidelines that govern all CJD grants. The project director may not be the task force commander.

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 19, 1999.

TRD-9902302

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §3.790

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Office of the Governor or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Texas Government Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by the proposed rule.

§3.790.Two-Year Application.

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 19, 1999.

TRD-9902301

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.910, 3.940, 3.980, 3.985

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.910.Eligible Applicants.

Eligible to apply for grant funds are state agencies, nonprofit organizations, local units of governments, Native American tribes, regional councils, state agencies, universities and colleges, [ and ] faith-based organizations, independent school districts, local crime control and prevention districts, and regional education service centers . Faith-based programs with a legal nonprofit status and a tax exempt status granted by the Internal Revenue Service are eligible to apply for CJD funding sources where nonprofit corporations are eligible. These programs may not use grant funds, matching funds, or program income to proselytize or for sectarian worship.

§3.940.Match Policy.

(a)

All grantees, except nonprofit [ and non-governmental victim services ] programs and planning grants at the regional councils, must provide a 25% match. This requirement may be satisfied through cash contributions, in-kind contributions, or a combination of the two.

(b)-(e)

(No change.)

(f)

If an applicant is required to show a match in the application and does not demonstrate an adequate match to meet the requirement, the CJD portion of the application will be decreased to compensate.

(g)

Cities and counties with continuation projects must contribute at least the same level of matching funds that they contributed in the preceding year.

§3.980.Indirect Costs.

[ (a) ]

Applicants without an approved cost allocation plan may receive indirect costs in an amount not to exceed two percent of the total direct costs awarded by CJD. Applicants with an approved cost allocation plan may use it to determine the allowable indirect costs. Personnel expenses included in indirect costs should not be staff positions directly related to the grant, but rather support or administrative staff expenses such as payroll services, legal services, staff supervision, etc. Applicants with a plan should include the page that indicates the indirect cost from their allocation plan with the application. If the grantee uses the two-percent rule, indirect costs may be charged to CJD funds but not to cash match.

[ (b)

Grantees may use grant funds as indirect costs if approved in the original grant budget or subsequently through a grant adjustment.]

§3.985.Progress Reports.

Each grantee must submit progress reports in accordance with the instructions provided by and in the form prescribed by CJD. The grantee must submit reports only for those activities supported by CJD grant funds, grantee match, and program income. The project director of the grant must sign all progress reports. Progress reports are due twice a year. The first progress report is due 20 days following the end of the sixth month of the grant period. The final progress report is due 20 days following the end of the grant period. [ Progress reports are due quarterly. The report is due 20 days after the end of each three month reporting period. ] Failure to meet these deadlines will result in CJD placing an automatic financial hold on the grantee. CJD will not award a grant for a continuation project unless all progress reports due by the award date are complete, correct, and on file at CJD.

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 19, 1999.

TRD-9902300

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.1010, 3.1040, 3.1050

The amendments and new rule are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.1010.Eligible Applicants.

Eligible applicants for the first challenge activity set forth in §3.1005 of this title (relating to Eligible Projects), are independent school districts with alternative education programs that have high incidences [ the highest reported incident ] of crime, as determined by Texas Department of Public Safety survey data, as provided in Senate Resolution 879 of the 73rd Legislature. Eligible applicants for the second challenge activity set forth in §3.1005 of this title are counties with Juvenile Justice Alternative Education Programs [ with populations over 125,000 ].

§3.1040.Decreasing Funding Policy.

(a)

The decreasing funding ratio provides for CJD funding of 100% of costs in the first year. The first-year grant award, regardless of previous or current funding source, sets a benchmark for all other funding decisions. In the second year the grantee is eligible for 80% of the benchmark amount; in the third year the grantee is eligible for 60% of the benchmark amount; in the fourth year the grantee is eligible for 40% of the benchmark amount; in the fifth year, the grantee is eligible for 20% of the benchmark amount. CJD will not consider any project for sixth- or subsequent-year funding.

(b)

Under this policy, the grantee is responsible for continuing a level of service that is, at a minimum, what it provides in the first year of funding. This is not a cash match requirement, however, and the grantee is not responsible for accounting for any funds other than those directly granted by CJD, required as match in specific budget items, or earned as program income. The grantee may, however, be required to disclose those other funding sources. Additionally, if the grantee's number of personnel and their responsibility or expertise levels decrease from year to year, then the grantee must justify how a consistent level of service is being maintained with less personnel time or expertise.

(c)

Projects to regional councils of governments for planning purposes are exempt from this rule. CJD may make further exemptions of this policy for other types of projects administered by regional councils of governments, if CJD determines that continuing such a project is crucial for the region. These policies on exemptions only apply to the State Criminal Justice Planning Fund, Juvenile Justice and Delinquency Prevention Act Fund, and Safe and Drug Free Schools and Communities Act fund.

(d)

CJD will not accept applications that request more money than this policy allows. As a result, it is important for the applicant to carefully calculate the maximum amount of the funding request using the ratios provided above.

§3.1050.Professional and Contractual Services.

In addition to the general policies in §3.3050 of this title (relating to Professional and Contractual Services), CJD will only provide funds for up to 50% of the costs for the design, development, or procurement of computer hardware and software for first year grants only .

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 19, 1999.

TRD-9902299

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.1105, 3.1110, 3.1115, 3.1140, 3.1190

The amendments and new rule are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.1105.Eligible Projects.

Projects must provide residential substance abuse treatment to adult and juvenile offenders [ adults and juveniles ] incarcerated in correctional facilities. Eligible projects must include both a residential phase and an aftercare phase. Project expenses such as food costs that are not directly related to providing direct treatment to incarcerated offenders are ineligible.

§3.1110.Eligible Applicants.

Eligible to apply for grant funds are state agencies and counties that operate secure correctional facilities and community supervision and corrections departments . Applicants who receive grants may provide services directly in correctional facilities that they operate or they may contract with qualified service providers who meet all licensing and certification requirements.

§3.1115.Submission and Selection Process.

Application kits are available at CJD. The original and six copies of the application are due to the Criminal Justice Division by the date listed in the annual Request for Applications published in the Texas Register . CJD staff will conduct an initial screening of applications to determine eligibility. The executive director of CJD may appoint an internal review team to score and rank applications. Team members may include CJD staff, regional council representatives, and other persons with expertise in corrections and substance abuse treatment. [ Once applications are received, staff members selected by the CJD executive director review applications for eligibility and cost-effectiveness and rate them competitively. ]

§3.1140.Match Policy.

Grantees must provide a cash match of 25% of the total project costs. In-kind match contributions cannot be used to meet match requirements. Costs for the aftercare phase cannot be used to meet the match requirements.

§3.1190.Two Year Application.

Beginning fiscal year 1998, applicants will complete a two-year application. If the applicant receives a grant it will be for one year but the applicant will receive automatic consideration for second year funding. In the second year of each two-year cycle, there will be no need for a grantee to complete an additional application, but CJD may require grantees to submit updated attachments, contracts, resolutions, and other information as necessary. The application requires only one project narrative and set of signatures and attachments but requires two separate budgets.

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 19, 1999.

TRD-9902298

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1. General Eligibility Requirements

1 TAC §3.2000, §3.2020

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by the proposed rules.

§3.2000.Community Plans.

(a)

(No change.)

(b)

The plan must reflect the participation of the whole community, including representatives of public agencies, private nonprofit organizations, education, health, mental health, juvenile justice, criminal justice, child welfare, law enforcement, the private sector, community associations, faith-based organizations, victim services, and concerned citizens. A community planning group must be comprised of many interests and must be written around the general public safety topic and not a single topic. When the community plan is submitted it must include a list of everyone who participated in the planning process and the organization, agency, or interest they represent. Members of the community planning group intending to apply for funding under this community plan should indicate their intent to do so.

(c)-(h)

(No change.)

§3.2020.Continuation Funding Policies.

(a)

There is no commitment on the part of the Office of the Governor that a grant, once funded, will receive priority consideration for subsequent funding. CJD will fund local continuation projects only if the project is eligible under a community plan and the project is recommended in a COG's regional plan. Additionally, all continuation projects must be eligible for funding in accordance with the requirements set forth in this chapter; have completed all administrative, program and financial requirements; have a history of timely progress and financial reports; and CJD must have the funds available ; and CJD has funded the project fewer than the maximum number of years allowed . Continuation applications must follow all guidelines in this chapter and are subject to the same review, selection, award, and other procedures as all other applicants.

(b)-(c)

(No change.)

(d)

Statewide projects must be ranked high enough in the CJD review rankings to receive funding.

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 19, 1999.

TRD-9902297

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §3.3065, §3.3070

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.3065.Supplies and Direct Operating Expenses.

(a)-(i)

(No change.)

(j)

Grantees receiving vehicle operating costs must maintain adequate travel logs that include, at a minimum, dates, destinations, mileage amounts, and explanations of grant-related activities performed during the travel.

§3.3070.Program Income.

(a)-(d)

(No change.)

(e)

Under the Criminal Justice Planning Fund, the Juvenile Justice and Delinquency Prevention Act Fund, the Safe and Drug-Free Schools and Communities Act, and the Title V Delinquency Prevention Fund, the only option for program income is to add it to existing funds and use it for purposes that further eligible project objectives.

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 19, 1999.

TRD-9902296

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.4020, 3.4055, 3.4080, 3.4160, 3.4165, 3.4170, 3.4175, 3.4180

The amendments and new sections are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.4020.Nonprocurement Debarment Certification.

All applications for $25,000 or more under the Juvenile Justice and Delinquency Prevention Act Fund, Title V Delinquency Prevention Fund, Victims of Crime Act Fund, Texas Narcotics Control Program, and Safe and Drug-Free Schools Fund must include a signed copy of this certification. It certifies that neither the applicant nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a federal department or agency. If the prospective lower tier participant is unable to certify to any of the statements in this certification, the prospective participant must attach an explanation to each application.

Independent Annual Audit Certification [ Single Audit Act Certification ].

(a)-(c)

(No change.)

§3.4080.Regional Law Enforcement Training.

If a grant is for a regional law enforcement academy, the grantee must submit CJD a copy of the "Report of Training" form required by the Texas Commission on Law Enforcement standards and Education (TCLEOSE), which indicates which students completed the training and the agency each student represented. Additionally, a CJD funded academy must be licensed by TCLEOSE and participants must receive TCLEOSE credit for the training. The peace officer training courses must be open to all local peace officers equally as defined in Article 2.12 Code of Criminal Procedure. Training for radio dispatchers and jailers is limited to basic training. Funding for basic peace officer training is limited to the TCLEOSE mandated contact hours. [ Applications to operate regional law enforcement academies must abide by all of the following requirements: ]

[ (1)

Grantee must provide the following with the six month progress report: a summary list of schools conducted during the six-month period which lists the dates of the school, number of classroom hours for the course, name of the specific courses, number of students enrolled, number of students completed, and number of total contact hours for the course. Actual TCLEOSE reports do not have to be submitted to CJD, but must be maintained by the grantee and be available for CJD review during monitoring or audit reviews.]

[ (2)

The training academy providing services must be appropriately licensed by TCLEOSE. Any training course paid for with CJD funds must result in participants receiving credit hours from TCLEOSE.]

[ (3)

Peace officer training courses shall be open to all local peace officers as defined in the Texas Code of Criminal Procedure, article 2.12, on an equal basis. Reserve law enforcement officers, law enforcement radio dispatchers, and jailers are also eligible for training provided by CJD grant funds; however, dispatcher and jailer training is limited to basic training courses only. ]

[ (4)

Funding for Basic Peace Officer Certification courses will be limited to the TCLEOSE mandated contact hours for each trainee, unless the grantee provides adequate justification for additional hours.]

§3.4160.Tax Exempt and Nonprofit Information.

All nonprofit corporations applying for CJD grant funds must complete the form found in the CJD Forms Packet.

§3.4165.Board Member List.

All nonprofit organizations must submit a list of board members with their phone numbers, addresses, agency names, and titles.

§3.4170.Copy of Fidelity Bond.

All Non profit agencies applying for continuation funds from CJD must include a copy of a fidelity bond indemnifying CJD against the theft, loss, or misuse of the entire amount of grant funds. New nonprofit applicants may submit a copy of a bond after a grant award, but should do so immediately as CJD will withhold funds until a bond is received. See Bonding and Insurance §3.6070 of this title (relating to Bonding and Insurance).

§3.4175.Credit Report.

All nonprofit agencies that have never before received grant funds from CJD must secure a credit report and submit it with the grant application.

§3.4180.Level of Service Certification.

All applications under the State Criminal Justice Planning Fund, Juvenile Justice and Delinquency Prevention Act, and Safe and Drug-Free Schools and Communities Act Fund must include a signed copy of this certification found in the CJD Forms Packet.

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 19, 1999.

TRD-9902295

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §3.4150

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Office of the Governor or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Texas Government Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by the proposed rule.

§3.4150.Organization Chart.

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 19, 1999.

TRD-9902283

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §3.5004

The amendment is proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by the proposed rule.

§3.5004.Submission and Selection Process.

(a)

(No change.)

(b)

Once an application has undergone an initial review, CJD will send a deficiency report to the applicant. For local and regional projects, this is accomplished through the regional councils of governments and applicants must send their resolutions to deficiencies to the criminal justice planner at the COG by the deadline set by the COG. For statewide projects, these reports are sent directly to the applicant and resolutions may be returned directly to CJD. These reports are preliminary assessments only and do not represent any final action or determination by the Office of the Governor. Receipt of a deficiency report is not a commitment to fund any portion of the project. Additional items in need of resolution [ deficiencies ] may be identified after the date of a preliminary review [ deficiency ] report. It is within the complete discretion of the Governor's Office to determine whether an error or discrepancy [ a deficiency ] will result in notification to the applicant and a request for resolution or whether a funding cut will be made without resolution by the applicant.

(c)-(f)

(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 April 19, 1999.

TRD-9902284

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §§3.6075, 3.6080, 3.6095, 3.6110

The amendments are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.6075.Withholding Funds.

(a)

(No change.)

(b)

CJD may withhold funds from a specific project for reasons that include, but are not limited to:

(1)-(2)

(No change.)

(3)

significant problems [ deficiencies ] or irregularities in records maintained by the grantee or its agent of operation and administration;

(4)-(10)

(No change.)

(11)

A discovery that the applicant is delinquent on a state, federal, or other debt.

(c)

CJD may withhold funds from all projects operated by a grantee for reasons that include, but are not limited to:

(1)-(3)

(No change.)

(4)

A discovery that the applicant is delinquent on a state, federal, or other debt.

(d)-(f)

(No change.)

§3.6080.Grant Termination.

(a)-(e)

(No change.)

(f)

A grantee may appeal the termination of a grant by writing to the executive director of CJD within ten days from the date of the suspension or termination notification. The grantee may submit written documentation in support of the appeal. The executive director of CJD will consider any documentation submitted by a grantee in support of an appeal. The decision of the executive director concerning an appeal of a termination will be final [ unless overturned by a court of competent jurisdiction ].

§3.6095.Violations of Laws.

The grantee and its personnel must communicate in writing, immediately upon discovery, to CJD and, if applicable, to the local prosecutor's office, any knowledge, suspicion, or evidence of any legal violations encountered by the grantee or during monitoring visits, including misappropriation of funds, fraud, theft, embezzlement, forgery, or any serious irregularities or noncompliance with the requirements outlined in this chapter. Grantees whose projects or personnel become involved in any litigation, whether civil or criminal, must notify CJD immediately and forward a copy of any demand notices, law suits, indictments, etc. In the event a federal or state court or state administrative agency makes a finding of discrimination after a due process hearing, on the grounds of race, color, national origin, sex, age, or handicap against the project or project personnel, the grantee must forward a copy of the findings to CJD.

§3.6110.Progress Reports.

(a)-(b)

(No change.)

(c)

CJD may prescribe forms for such reports, which the grantee must use. Grantees must use the correct grant number on the form. Failure to do so may delay processing of the report and, therefore, cause a delay in the reimbursement of grant funds.

(d)-(f)

(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 April 19, 1999.

TRD-9902285

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

1 TAC §3.7010

The amendment is proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by the proposed rule.

§3.7010.Grantee Appeal and CJD Review Board.

(a)

If CJD decides not to fund an application or any part of an application, an applicant may notify CJD of their intent to appeal the decision by writing to the director of CJD within 10 days from the date of notification. If the basis for the appeal involves actions by the regional council of governments, then applicants must pursue a remedy at the COG level before presenting information for an appeal to CJD. Further, appeals must be based on a verifiable error made during the prioritization or review process and the applicant must be able to show that the error actually caused the application or portion of the application to not be funded. The applicant should submit written documentation in support of the appeal. Letters and phone calls of support will not be considered as part of the official appeal process. The Governor or his designee will consider any documentation submitted by the applicant that meets the criteria as explained in this section. The decision concerning an appeal is final. [ A grantee must, within 30 working days of an audit or monitoring report, submit documentation to respond to findings and questioned costs contained in an audit, management letter, or monitoring report. Any documentation may be submitted to CJD in person at 1100 San Jacinto, Second Floor, Austin, Texas 78701, or by mail to Program Compliance, Criminal Justice Division, P. O. Box 12428, Austin, Texas 78711. CJD will review the documentation for legal, financial, and program acceptability under state, federal, and CJD rule. ]

(b)

(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 April 19, 1999.

TRD-9902286

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594

3. Governor's Drug Policy Advisory Board

1 TAC §§3.8300, 3.8305, 3.8310, 3.8315, 3.8320

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Office of the Governor or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under Texas Government Code, Title 7, §772.006 (a) (11) which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code.

No other statutes, articles or codes are affected by these proposed rules.

§3.8300.Establishment.

§3.8305.General Powers.

§3.8310.Composition.

§3.8315.Meeting.

§3.8320.Compensation.

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 19, 1999.

TRD-9902290

James Hines

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: June 6, 1999

For further information, please call: (512) 475-2594