Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.1
The Texas Youth Commission (TYC) adopts an amendment to §81.1,
concerning Public Information Request, with changes to the proposed text as
published in the April 13, 2001 issue of the
Texas
Register
(26 TexReg 2810). Changes to the proposed text consist of
a minor edit to subsection (f) to capitalize the "C "in confidentiality.
The justification for amending the section is to provide a prompt response
to the public on information requests.
The amendment will be consistent with the Public Information Act, regarding
requests for public information from the agency.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code Chapter 552,
which provides the Texas Youth Commission with the broad rulemaking authority;
and Texas Government Code §552, which requires state agencies to adopt
rules and procedures consistent with the Public Information Act.
The adopted rule implements the Human Resource Code, §61.034.
§81.1.Public Information Request.
(a)
Purpose. The purpose of this rule to provide information,
consistent with the Public Information Act, regarding requests for public
information from the agency.
(b)
If not excepted, all information collected, assembled,
or maintained in connection with the transaction of official business is public
information and shall be available to the public during normal business hours.
Forms in which the media containing public information exists includes book,
paper, letter, document, printout, photograph, film, tape, microfiche, microfilm,
photostat, sound recording, map, and drawing and a voice, data, or video representation
held in computer memory
(c)
All requests should be in writing and should include the
name, address and telephone number of the requester. Requests will be accepted
by fax and by e-mail.
(d)
TYC staff shall respond immediately without delay to a
request.
(e)
If the legal services department determines that the request
will require an opinion by the Attorney General as to the releasability of
the requested information, the request to the Attorney General must be made
within ten business days of the receipt of the request for information. Otherwise,
the information is open for inspection.
(f)
Information requested by a member of the legislature or
a member of a legislative body will be provided at no charge. If the requested
information is confidential it shall remain so in the hands of the requester.
The requester shall complete TYC Affidavit: Confidentiality Agreement Relating
to Release of Public Information form, LS-032 regarding confidentiality.
(g)
Costs for production of requested documents are based on
guidelines by the General Services Commission. See (GAP) §81.75 of this
title (relating to Copying Costs).
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 17, 2001.
TRD-200102776
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 13, 2001
For further information, please call: (512) 424-6301
Subchapter A. PROGRAM PLANNING
37 TAC §87.7
The Texas Youth Commission (TYC) adopts an amendment to §87.7,
concerning Furloughs, without changes to the proposed text as published in
the April 6, 2001 issue of the
Texas Register
(26 TexReg 2644).
The justification for amending the section is defining the conditions under
which the youth may be granted to leave a residential facility.
The amendment corrects the number reference of a related rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0761,
which provides the Texas Youth Commission with the authority to develop programs
that could encourage family Involvement.
The adopted rule implements the Human Resource Code, §61.034.
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 17, 2001.
TRD-200102775
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 424-6301
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.87
The Texas Youth Commission (TYC) adopts an amendment to §91.87,
concerning Health Insurance, without changes to the proposed text as published
in the April 13, 2001, issue of the
Texas Register
(26 TexReg 2810).
The justification for amending the section is to provide a more efficient
means of seeking reimbursement for a youth's medical care.
The amendment will establish procedures for reimbursement of third party
payers for medical care. The amendment also establishes guidelines when a
court order exists for a parent or guardian to provide insurance for a youth
committed to the Texas Youth Commission.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §54.06,
which provides the Texas Youth Commission with the authority to collect support
payments as ordered by the court.
The adopted rule implements the Human Resource Code, §61.034.
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 17, 2001.
TRD-200102777
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 13, 2001
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.13
The Texas Youth Commission (TYC) adopts an amendment to §95.13,
concerning On-Site Disciplinary Consequences, without changes to the proposed
text as published in the April 13, 2001, issue of the
Texas Register
(26 TexReg 2811).
The justification for amending the section is allowing work restitution
to be used as a viable consequence with the intend to assist youth to develop
a sense of equity, pride and responsibility for personal behavior.
The amendment will clarify the definition of work restitution as a disciplinary
consequence. Work restitution is defined as a voluntary consequence of misbehavior
and not a dollar for dollar relationship between property damage and the labor
performed. The purpose is not to recover actual losses or compensate TYC for
property damage. The work the youth performs is not to exceed eighty hours
of actual work, is to be proportionate to the damage done.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to permit certain
liberties under supervision and provide opportunities for rehabilitation methods.
The adopted rule implements the Human Resource Code, §61.034.
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 17, 2001.
TRD-200102778
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 13, 2001
For further information, please call: (512) 424-6301
37 TAC §95.17
The Texas Youth Commission (TYC) adopts an amendment §95.17,
concerning Behavior Management Program, without changes to the proposed text
as published in the April 13,2001 issue of the
Texas
Register
(26 TexReg 2812).
The justification for amending the section is to clarify the definitions
of the guidelines for operating the behavior management program within the
security unit.
The amendment will facilitate operational procedures and allow for added
due process measures for youth.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
appropriate treatment for youth.
The adopted rule implements the Human Resource Code, §61.034.
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 17, 2001.
TRD-200102779
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 13, 2001
For further information, please call: (512) 424-6301
Subchapter C. MISCELLANEOUS
37 TAC §99.90
The Texas Youth Commission (TYC) adopts new §99.90,
concerning Vehicle Fleet Management, without changes to the proposed text
as published in the April 6, 2001 issue of the
Texas
Register
(26 TexReg 2645).
The justification for the new rule is to comply with the legal requirement
for purchasing and maintaining a fleet of state vehicles.
The new rule will comply with section 2171.104 of the Government Code which
was mandated by the State of Texas General Services Commission (GSC).
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the broad rulemaking authority;
and Texas Government Code, §2171.104, which requires state agencies to
adopt rules or procedures consistent with the State Vehicle Fleet Management
Plan.
The adopted rule implements the Human Resource Code, §61.034.
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 17, 2001.
TRD-200102774
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 6, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 424-6301
Chapter 343.
STANDARDS FOR JUVENILE PRE-ADJUDICATION SECURE DETENTION FACILITIES
Chapter 87.
TREATMENT
Chapter 91.
PROGRAM SERVICES
Chapter 95.
YOUTH DISCIPLINE
Chapter 99.
GENERAL PROVISIONS
Part 11.
TEXAS JUVENILE PROBATION COMMISSION