Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 155.
REPORTS AND INFORMATION GATHERING
Subchapter C. PROCEDURES FOR RESOLVING CONTRACT CLAIMS AND DISPUTES
37 TAC §155.31
The Texas Department of Criminal Justice (TDCJ) adopts new §155.31
and simultaneously repeals the existing §155.31 concerning procedures
for resolving contract claims without changes to the proposed text as published
in the April 7, 2000, issue of the
Texas Register
(25 TexReg 2979).
The new section clarifies procedures for resolving breach of contract claims
between TDCJ and other contract parties with respect to all written contracts,
referencing the newly adopted Chapter 2260, Government Code. The new language
is necessary in order to have in place rules governing breach of contract
disputes.
One comment was received from Mr. Ward Larkin regarding adoption of the
repeal and new section. Mr. Larkin's complaint is that the procedures under
the proposed rule will not help to resolve disputes "between [sic] private
individuals who are forced to do business with Texas Department of Criminal
Justice Contractors." The specific example cited is the situation of family
or friends of someone who dies in TDCJ custody, who are then forced to interact
with the Huntsville Funeral Home in order to claim the body of the deceased.
Mr. Larkin suggests that the proposed rule should protect private individuals
against "ill treatment or unnecessary pain perpetrated by TDCJ contractors."
Having fully considered this comment, the Board concludes that the rule
should be adopted as proposed, without amendment in response to this comment.
The proposed procedure is a carefully crafted response to a newly legislated
directive to resolve legal, contractual disputes between agencies and their
contractors, in lieu of waiving sovereign immunity. Mr. Larkin's suggestion
would interpose third parties, who otherwise have no contractual rights or
obligations, as beneficiaries of the dispute resolution process, and would
require wholesale reconsideration of the procedures to account for this unprecedented
possibility. This rule is clearly not the right place to resolve any concern
Mr. Larkin may have about the Huntsville Funeral Home.
The repeal is adopted under Government Code, §492.013, which
grants general rulemaking authority and Texas Government Code, §2260.052(c).
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 May 22, 2000.
TRD-200003573
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 11, 2000
Proposal publication date: April 7, 2000
For further information, please call: (512) 463-9693
The new section is adopted under Government
Code, §492.013, which grants general rulemaking authority and Texas Government
Code, §2260.052(c).
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 May 22, 2000.
TRD-200003572
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 11, 2000
Proposal publication date: April 7, 2000
For further information, please call: (512) 463-9693
37 TAC §163.39
The Texas Department of Criminal Justice adopts an amendment
to §163.39 concerning residential services provided by community supervision
and corrections departments without changes to the proposed text as published
in the April 7, 2000, issue of the
Texas Register
(25 TexReg 2985).
The purpose of this amendment is to update the standard to reflect changes
to §244.002, Local Government Code, concerning the posting of a notice
at the proposed location of a correctional or rehabilitation facility within
1,000 feet of a residential area, school, public park, church, synagogue,
or other place of worship. It provides more detail concerning notices for
public meetings concerning correctional and rehabilitation facilities required
by §509.010, Government Code. The amendment also clarifies the minimum
standards for levels of security at residential facilities, as required by §509.006(c),
Government Code. It provides the minimum preconditions for granting emergency
furloughs permitted by §509.006(b), Government Code. The amendment also
establishes that residential facilities generally may not substantially burden
a defendant's free exercise of religion, but notes that, in accordance with §76.018,
Government Code, there is a rebuttable presumption that rules, orders, decisions,
or practices that apply to an individual in custody at a residential facility
are in the furtherance of a compelling state interest and the least restrictive
means of furthering that interest, and do not substantially burden the defendant's
free exercise of religion.
No comments were received regarding adoption of the amendment as proposed.
The amendment is adopted under Texas Government Code, §492.013,
which grants the Texas Board of Criminal Justice general rulemaking authority;
and Texas Government Code, §509.003, which grants the Community Justice
Assistance Division the authority to propose, and the board to adopt, minimum
standards for programs and other aspects of the operation of community supervision
and corrections departments.
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 May 22, 2000.
TRD-200003574
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 11, 2000
Proposal publication date: April 7, 2000
For further information, please call: (512) 463-9693
Chapter 427.
CERTIFIED TRAINING FACILITIES
Chapter 163.
COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION