Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 5.
CRIMINAL LAW ENFORCEMENT
Subchapter A. INVESTIGATION
37 TAC §5.2
The Texas Department of Public Safety (DPS) proposes new §5.2,
concerning the Memorandum of Understanding with Criminal Justice Division
of the Office of the Governor. The purpose of the proposed rule is the adoption
of a Joint Memorandum of Understanding and all necessary revisions, between
the DPS and the Office of the Governor, Criminal Justice Division (CJD), establishing
the coordination of drug law enforcement efforts.
The Memorandum outlines the responsibilities of the department and CJD
with regard to the State Drug Law Enforcement Strategy and Byrne-funded narcotics
task forces.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be statewide coordination/uniformity of drug programs.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Bobby Duvall, Deputy Commander,
Texas Department of Public Safety, Criminal Law Enforcement Division, P.O.
Box 4087, Austin, Texas 78773-0001, (512) 424-2150; or by fax at (512) 424-7166.
All comments must be received by 5:00 p.m. on the 21st day after publication
of the proposed new section in the
Texas Register
and should make reference to "Proposed Rule for Memorandum of Understanding
with Criminal Justice Division of the Office of the Governor" in the subject
line or in the beginning of the text.
The new section is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Government Code, §411.0096.
Texas Government Code, §411.004(3) and §411.0096 are affected
by this proposal.
§5.2.Memorandum of Understanding with Criminal Justice Division of the Office of the Governor.
The Texas Department of Public Safety (DPS) and the Office of the Governor,
Criminal Justice Division (CJD), has entered into a memorandum of understanding
(MOU) pertaining to the coordination of drug law enforcement efforts. This
MOU may be amended, as necessary, by subsequent written agreement adopted
by rule. The current MOU is listed in the following:
Figure: 37 TAC §5.2
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200672
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS -- ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.24
The Texas Department of Public Safety proposes amendments
to §15.24, relating to Identification of Applicants. This rule has been
amended twice in the last three years. In April of 1999 the department amended
the rule in response to recommendations by the American Association of Motor
Vehicle Administrators (AAMVA) to standardize identification requirements
throughout member jurisdictions. This rule was again amended in August of
2000 to address issues that arose during the implementation process. Current
national events have caused the department to again review our rules and policies
on the types of documents acceptable for the identification of an applicant
for a Texas driver license or identification certificate. The driver license
has evolved into the primary form of identification. For a majority of Texas
residents this document is their only form of photo identification. As such,
the department must take all reasonable steps to insure the accuracy of the
information contained in the document.
The amendments to this section are as follows:
Changes in terminology include renaming Standalone Identification to Primary
Identification and Documented Identification to Secondary Identification.
All documents acceptable for identification must be verifiable to their
source. The current rule applied this requirement to items listed in the secondary
identification section. The department maintains that the all items used for
identification must be verifiable to assure the accurate identity of the applicant.
The documents listed under primary identification must contain the applicant's
full name and date of birth. Under the current rule the department experienced
instances where a primary document did not provide an applicant's full name
and date of birth and as such did not provide sufficient information for accurately
identifying the applicant.
The Department limits the use of a Texas driver license or identification
certificate to two years following the expiration date. This insures that
the individual's records are retrievable and as such makes these items a verifiable
document. The Department will no longer accept expired United States passports
or expired United States Immigration and Naturalization Service documents.
This will insure a current photograph of the applicant for positive identification
purposes.
The Department is deleting the exceptions to the Immigration and Naturalization
Service documents. The Department has been advised by the Immigration and
Naturalization Service that the I- 94 should not be relied upon for an identity
document. They are often filled out incorrectly, incompletely and are easily
altered. In corresponding to the department's determination to accept only
unexpired documents, the department will no longer accept passports issued
by a foreign country with an I-20 student certification that has expired.
Out of state driver licenses and identification certificates were moved
from primary identification to secondary identification. Due to the variances
in the types of identification documents accepted by other licensing jurisdictions,
the department has determined that additional documentation is necessary to
verify the identity of the applicant.
Due to the department's position that identification documents must be
verifiable, several documents listed in the supporting identification section
were deleted.
The department proposes that the applicant may provide two secondary documents
to establish identity. This supplements the two current methods for establishing
an applicant's identity.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to assist in the positive identification of an
applicant for a Texas driver license or identification certificate. There
is no anticipated economic cost to small businesses, large businesses or micro-
businesses. The cost to individuals who are required to comply with the section
as proposed will be the cost of obtaining a Texas driver license, commercial
driver license, or an identification certificate.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0300, (512) 424-2768.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules, considered necessary
for carrying out the department's work, and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.24Identification of Applicants.
All original applicants for
a driver
[
(1)
Primary
[
(A)
[
(B)
unexpired
United States passport;
(C)
United States citizenship (naturalization) certificate
with identifiable photo;
(D)
unexpired
United States Immigration and Naturalization
Service document with verified data and identifiable photo
; or,
[
[(i)
Record of Arrival and Departure stamped
"Refugee" (I-94) no photo required, or]
[(ii)
Passports issued by a foreign country
with an I-20 student certification with a valid or expired visa;]
(E)
[
[
(2)
Secondary
[
(A)
original or certified copy of a birth certificate issued
by the appropriate State or Canadian province Bureau of Vital Statistics or
equivalent agency;
(B)
original or certified copy of United States Department
of State Certification of Birth (issued to United States citizens born abroad);
or
(C)
unexpired photo DL or photo ID issued by another (United
States) state, US territory, the District of Columbia, or Canadian province;
(D)
original or certified copy of court order with
name and date of birth (DOB)
; or,
[
(E)
[
(i)
original or certified copy of Form DD-214;
(ii)
original or certified copy of other state or federal governmental
record that states name and DOB (such as United States census records or Social
Security records).
(3)
Supporting identification. These items consist of other
records or documents that aid examining personnel in establishing the identity
of the applicant. The following items are
not all inclusive. The examining
or supervisory personnel may determine that an unlisted document meets the
department's needs in establishing identity.
[
(A)
[
(B)
[
[
(C)
[
[(E)
home mortgage records;]
[(F)
marriage license;]
[(G)
two years of utility bills;]
[(H)
children's birth certificates;]
[(I)
library card;]
(D)
[
(E)
unexpired military dependant identification
card;
[(K)
award or certificate from educational
institution;]
(F)
[
(G)
[
(H)
[
(I)
[
(J)
[
(K)
[
(L)
expired DL or ID issued by another state,
territory, District of Columbia or Canadian province that is within two years
of the expiration date.
(M)
[
(N)
[
(4)
Every original applicant must present:
(A)
one piece of
primary
[
(B)
one piece of
secondary
[
(C)
two pieces of secondary identification.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200670
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 424-2135
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
37 TAC §23.96
The Texas Department of Public Safety proposes new §23.96,
concerning the Emissions Analyzer Access/Identification card. The section
establishes the department's procedures for issuance and use of this card
including the department's security policy relating to the card. The emissions
analyzer access/identification card (access/ID card) is required by changes
in the software specifications of vehicle emissions analyzers used after May
1, 2002 in all counties performing vehicle emissions testing as a part of
the annual vehicle safety inspection, except El Paso County. The new specification
requires that access to the vehicle emissions analyzers at certified inspection
stations be controlled using an access/ID card. The access/ID card features
a bar-coded access code combined with a unique personal identification number
(PIN) for each individual vehicle inspector. The access/ID card will also
display a photograph of the inspector.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section is twofold. First, the public will be assured through
the use of the photograph access/ID card that the person performing the annual
safety inspection is the inspector whom the department certified. Second,
use of the access/ID card and unique PIN will enhance the validity of vehicle
emissions testing records. There is no anticipated adverse economic effect
on individuals, small businesses, or micro-businesses. There is no anticipated
cost to individuals.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
Box 4087, Austin, Texas 78773- 0543; or by fax at (512) 424-2774. All comments
must be received by 5:00 p.m. on the 21st day after publication in the
The new section is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; Texas Transportation Code, §548.302,
which authorizes the commission to develop and impose requirements to ensure
inspection certificates are not issued to a vehicle subject to the motor vehicle
emissions inspection and maintenance program unless the vehicle has passed
a motor vehicle emissions inspection; §548.303, which authorizes the
commission to administer the Motor Vehicle Emissions Inspection and Maintenance
Program; §548.002, which authorizes the Department of Public Safety to
adopt rules and enforce the compulsory inspection of vehicles; and §548.401,
which allows the issuance of inspection certificates only if certified under
rules adopted by the department.
Texas Government Code, §411.004(3) and Texas Transportation Code, §§548.002,
548.302, 548.303, and 548.401 are affected by this proposal.
§23.96.Emissions Analyzer Access/Identification Card.
(a)
General. After May 1, 2002, access to the vehicle emissions
analyzers at certified inspection stations in all counties, except El Paso
County, shall be controlled using an access/identification card.
(b)
Access/Identification Card (Access/ID card).
(1)
The department will issue an Access/ID card to each certified
inspector who performs emissions testing. The Access/ID card will be in a
format prescribed by the department that identifies the individual as a department-certified
inspector. At a minimum, it will contain the following additional information:
(A)
photograph of the inspector;
(B)
inspector's name, first and last;
(C)
inspector identification number; and
(D)
bar coded information used to authenticate inspection records
with the Texas Information Management System (TIMS).
(2)
At the time of issue, the Access/ID card is enrolled into
the Texas Information Management System (TIMS) by a department technician.
The Access/ID card will not be activated until this enrollment in the TIMS
is complete.
(3)
The Access/ID card is the inspector's official identification.
Inspectors must carry the Access/ID card on their person at all times while
performing inspection duties; and it must be presented to any department official
upon request.
(4)
Access/identification cards are nontransferable, nor may
they be duplicated. The inspector is responsible for all transactions made
between the vehicle analyzer and the Texas Information Management System made
using their Access/ID card.
(5)
The inspector is responsible for upkeep of the card. Loss
of an Access/ID card shall immediately be reported to the proper department
representative. The replacement fee for a lost, defaced, stolen, or discarded
Access/ID card is $10.00.
(6)
All Access/ID cards are the property of the department
and must be returned upon request.
(7)
Any lost or stolen Access/ID card recovered, which cannot
be immediately returned to the proper cardholder, will be returned to the
department. Returned Access/ID cards may be claimed by the inspector after
showing proof of identity.
(8)
The data records maintained in the Texas Information Management
System are government records. Fraudulent use of the Access/ID card or the
entering of false information using the Access/ID card will subject the user
to criminal action under either Penal Code §37.10, Transportation Code §548.601,
or both as well as administrative action by the department.
(c)
Use of Access/Identification Card (Access/ID card).
(1)
Before an official emissions inspection may begin, the
inspector must enter two codes that uniquely identify the vehicle inspection
record with the inspector.
(2)
The vehicle emissions analyzer first requires the entry
of the inspector's access. The entry of the access code is via the 2-D bar
code reader, which reads the access code from an access/identification card.
The inspector is required to enter his access code using the analyzer bar
code reader for every inspection. The vehicle analyzer automatically verifies
the inspector's access code, certification expiration date, and the presence
of an inspector or station lockout.
(3)
After the inspector's access code is validated, the inspector
will then be required to enter a unique personal identification number (PIN)
known only to the inspector. This PIN is encrypted on the analyzer and is
unreadable to anyone and is neither displayed nor printed in any way. Inspectors
may not give, share, lend, or divulge this PIN to another person without the
explicit consent of appropriate department personnel. Failure to comply with
this paragraph shall result in suspension or revocation of the inspector's
certification as well as any appropriate criminal action or administrative
disciplinary action. Inspectors are responsible for unauthorized access of
the Texas Information Management System resulting from their negligence or
carelessness in maintaining the confidentiality of their Personal Identification
Number (PIN).
(d)
Inspector's signed statement acknowledging the department's
policy for the use and protection of emissions analyzer access/identification
card. Each inspector shall, as a condition of issue of the Access/ID card,
complete and sign, on a locally produced form, the following statement:
Figure: 37 TAC §23.96(d)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200671
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 424-2135
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.11
The Texas Youth Commission (TYC) proposes an amendment to §81.11
concerning Complaints from the Public. The amendment to the section will make
the rule specific to complaints received from the public. The purpose now
indicates that the public is entitled to receive timely responses and resolutions
to their complaints. All other reference to complaints by employees or youth
has been deleted from the rule. Other amendments made were to position titles.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be to provide better service to the public regarding
complaints. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.0422,
which provides the Texas Youth Commission with the obligation to provide a
system regarding complaints of services.
The proposed rule affects the Human Resource Code, §61.034.
§81.11. Complaints from the Public.
(a)
Purpose. The purpose of this rule is to establish a process
through which
Texas Youth Commission (TYC)
[
[(b)
Applicability.]
[(1)
Complaints by TYC employees, including those which involve
the ADA, are processed under the provisions of TYC personnel policy and procedure
PRS.35.03, Employee Grievance Chapter.]
[(2)
Complaints from Youth, under TYC jurisdiction, including
those alleging a violation of the ADA, are processed under (GAP)§93.31
of this title (relating to Youth Complaint Resolution System).]
[(c)
Members of the public, employees and
youth are entitled to and shall receive a timely and responsive resolution
of a complaint.]
(b)
[
(1)
How to File a
Public
Complaint that does not
Involve an ADA Violation.
(A)
Complaints must be filed in writing. In order to be timely
filed, a complaint must be filed within 180 calendar days after the complainant
became aware of, or should have become aware of, the circumstances the complainant
believes constitutes a basis for complaint. Failure to timely file can result
in the commission refusing to consider the complaint.
(B)
No particular format is prescribed for a complaint. However,
concise and accurate information can be of immeasurable assistance in resolving
the complaint. At a minimum the complaint should contain the following information:
(i)
Name, address and telephone number of
the person(s)
[
(ii)
The nature of the complaint and a brief description of
the circumstances surrounding the complaint to include location, names, and
dates.
(2)
Where to File
a Public
[
(3)
Non-ADA
Public
Complaint Processing Procedures.
A record of each complaint shall be maintained by the
complaint coordinator.
[
(A)
The
complaint coordinator
[
(B)
The administrator assigned resolution of a complaint:
(i)
attempts to resolve the complaint in a timely and effective
manner;
(ii)
reports the status of resolution to the complainant at
least
monthly
[
(iii)
sends copies of communications with the complainant to
the
complaint coordinator.
[
(c)
[
(1)
ADA Compliance Officer.
TYC
[
(2)
How to File
a Public
[
(3)
Public
ADA Complaint Format. No particular format
is prescribed for a complaint. However, concise and accurate information can
be of immeasurable assistance in resolving the complaint. At a minimum the
complaint should contain the following information:
(A)
Name, address and telephone number of
the person(s)
[
(B)
The nature of the complaint. A brief description of the
circumstances surrounding the alleged violation to include location, names,
and dates.
(4)
Where to File
a Public
[
(5)
Public
ADA Complaint Processing Procedures.
(A)
ADA Compliance Officer and Employee Grievance Administrator
Responsibilities. Within five calendar days after the ADA compliance officer
receives the written complaint the ADA compliance officer and the employee
grievance administrator will jointly identify the appropriate decision authority
and establish a date the complainant is due receipt of the decision. As soon
as possible after identification of the decision authority, the ADA compliance
officer will notify the complainant of receipt of the complaint, the name
of the TYC administrator appointed to resolve the complaint (decision authority),
and the date a decision is due the complainant.
(B)
Decision Authority's Responsibilities.
(i)
Assignment. Immediately upon receipt of the complaint the
decision authority reviews it to ensure that he/she has the authority to act.
If the decision authority does not have the authority to act, he/she will
forward the complaint to the next level administrator who has the authority
to act on the complaint. If the complaint is forwarded, the initial decision
authority will immediately notify the ADA compliance officer and the employee
grievance administrator of the transfer.
(ii)
Time Lines. The decision authority has 25 calendar days
from date of receipt of the complaint to conduct an investigation, resolve
the complaint, prepare a written decision, obtain a legal review of the decision,
and notify the complainant in writing of the decision. If for good cause the
decision authority requires additional time for investigation and resolution
of the complaint, he/she will notify the ADA compliance officer, employee
grievance administrator and the complainant of the reasons for the delay and
provide a new estimated decision date.
(iii)
Investigation. The decision authority conducts the investigation
or he/she may appoint an employee to conduct the investigation and provide
the decision authority with non-binding recommendations. Prior to commencing
the investigation, the person who will actually conduct the investigation
(investigator) will review the complaint with the central office legal department
and he/she will continue to periodically advise the legal department and the
ADA compliance officer of the progress of the investigation. The investigator
will permit the complainant and/or complainant's representative, and the investigator
may, in his/her sole discretion, permit any other persons the investigator
determines to have relevant information, to present matters on the complaint.
There is no burden of proof on either the commission or the complainant. There
are no rules of evidence applicable to the investigation. The decision authority
is the sole judge of relevance, credibility of witnesses and the weight to
be afforded testimony and other relevant evidence. However, information determined
by the decision authority to be factual should be supported by a preponderance
of the evidence.
(iv)
Report of Investigation. Upon completion of the investigation
the decision authority will provide the complainant with a written decision
on the complaint. If the decision is adverse to the complainant, the decision
authority will include his/her reasons for the adverse decision. Prior to
release of the written decision to the complainant, or any other person or
entity, the decision authority will submit the proposed decision to the central
office legal department for review. The legal department shall have five (5)
working days from receipt to review the proposed decision for legal sufficiency.
If the legal department finds the decision to be for any reason legally insufficient,
the decision will not be released to any one until such time as the deficiency
has been corrected and the proposed decision has been found to be legally
sufficient.
(v)
Decision Distribution. After legal department approval,
the decision authority will provide a copy of the decision to the complainant,
the complainant's representative, if any, the ADA compliance officer, the
employee grievance administrator, and the director of the legal department.
(6)
Request for Review of
Public
ADA Complaint Decision.
(A)
If the complainant is dissatisfied with the decision, he/she
may, within ten calendar days of the date of receipt of the decision, submit
the written decision, and a written statement specifically outlining the reasons
for disagreement, addressed to the executive director, Texas Youth Commission,
at the address provided in paragraph (1) of this subsection, for review.
(B)
Upon receipt of the request for review, the executive director
has 20 calendar days from date of receipt of the request for review to consider,
resolve the issue and notify the complainant in writing. Prior to releasing
his/her decision, the executive director should, if the proposed decision
is adverse to the complainant, submit the complaint record to the central
office legal department for review and advise. If the executive director's
decision is adverse to the complainant, the written notification need only
state that the issue has been considered and that no valid reason has been
found to warrant reversing the decision.
(C)
Distribution of the decision will be as established in
paragraph (e)(5)(B)(v) of this subsection.
(D)
The decision by the executive director finalizes the complaint
process within TYC and exhausts the complainant's administrative remedies.
(7)
Public
ADA Complaint Record Repository. The
ADA compliance officer is responsible for maintaining the files and records
of all ADA complaints relative to TYC. Upon completion of processing the complaint,
including any appeal, the original decision authority is responsible for ensuring
that the original complaint, all correspondence, and any other relevant materials
will be forwarded to the ADA compliance officer for filing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200667
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 424-6301
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.99
The Texas Youth Commission (TYC) proposes an amendment to §91.99,
concerning Medical Admissions for Jefferson County State School. The amendment
to the section changes the name from Jefferson County State School to the
Al Price State Juvenile Correctional Facility as well as gives a name to the
specific location where special medical services will be given. The location
is now referred to as the Medical Recovery Dorm throughout the rule.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be compliance with the changing of the name
of the facility in honor of Al Price. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. No private real property rights are affected
by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to provide any
medical treatment that is necessary.
The proposed rule affects the Human Resource Code, §61.034.
§91.99Medical Admissions for Al Price State Juvenile Correctional Facility [
(a)
Purpose. The purpose of this rule is to establish the criteria
and procedure for medical admission of youth to the
Al Price State Juvenile
Correctional Facility (APSJCF) Medical Recovery Dorm (MRD)
[
(b)
Applicability.
(1)
See (GAP) §91.81 of this title (relating to Medical
Consent).
(2)
See (GAP) §91.83 of this title (relating to Criteria
for Health Care).
(3)
See (GAP) §91.85 of this title (relating to Medical
Care).
(4)
See (GAP) §85.29 of this title (relating to Program
Completion and Movement of Other Than Sentenced Offenders).
(5)
See (GAP) §87.1 of this title (relating to Case Planning).
(c)
Admissions.
(1)
Admission Criteria. Youth from a residential setting or
Marlin Orientation and Assessment Unit (MOAU) may be admitted for medical
reasons to the
MRD
[
(A)
Youth with a chronic condition who need more frequent health
counseling to manage their disease upon release, youth whose chronic condition
is uncontrolled, or youth whose condition requires frequent medical monitoring.
Examples of conditions are uncontrolled diabetes, hepatitis B or C, sickle
cell disease or multiple sclerosis.
(B)
Youth with acute conditions that require more frequent
care. Examples of conditions are severe fractures or post-operative care.
These youth would be considered to be in need of transitional care.
(C)
Youth requiring frequent trips to University of Texas Medical
Branch (UTMB) for any reason. Examples include extensive diagnostic testing
or chemotherapy.
(2)
Admission Process.
(A)
Referrals. Youth may be placed at the
MRD
[
(i)
A referral packet is completed and forwarded under the
superintendent's signature to the
MRD
[
(ii)
The admission review team consists of a program administrator,
director of nurses, primary service worker (PSW) and a psychologist.
(B)
Emergency Referrals. If an emergency exists, staff may
request of the
APSJCF
[
(d)
Program Requirements.
(1)
The
MRD
[
(2)
Health care services will be provided in the
MRD
[
(3)
Individualized treatment program (Individual Case Plan
or ICP) reflecting treatment goals shall be developed for and with each youth.
Refer to (GAP) §87.1 of this title (relating to Case Planning).
(4)
Individual Medical Plan (IMP) reflecting medical treatment
goals and objectives will be developed and implemented with each youth.
(5)
The treatment team shall review the youth's progress on
the ICP and IMP objectives at least every 30 days. The treatment team consists
of the program administrator or designee, the director of nurses or designee,
PSW, juvenile correctional officers (JCO) and designated education staff.
(e)
Release and Transition Options.
(1)
The admission review team of the
MRD
[
(2)
Release/transition options are consistent with the youth's
residential placement at referral. Youth will be referred to the Centralized
Placement Unit (CPU) for appropriate placement. Transition to the main campus
at the
APSJCF
[
(3)
When a youth is to be released or transferred, a medical
plan (Discharge Summary) is completed to communicate pertinent medical information
and required follow-up care. This plan is included as a part of the ICP for
release.
(4)
If a youth has been assigned to the
MRD
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200665
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 424-6301
Chapter 15.
DRIVERS LICENSE RULES
driver's
]
license or identification
certificate
[
certificates
]
must present proof of identity satisfactory to the department.
All documents
must be verifiable.
There are three categories of documents that may
be presented to establish [
that acceptable
] proof of identity.
Standalone
] identification.
These items are complete within themselves and require no supporting instruments:
These documents must contain the applicant's complete name and full date of
birth:
valid or expired
]Texas
driver
[
driver's
] license (DL) or identification
certificate
(ID)
with photo
within two years of expiration date
;
. Exceptions to this are:
]
valid photo DL or photo ID issued by another (United
States) state, Puerto Rico, the District of Columbia, or Canadian province;
or,
]
(F)
]
unexpired
United States military
ID card
for active duty, reserve or retired personnel
with identifiable
photo.
Documented
] identification.
These items are recorded governmental documents (United States, 1 of the 50
states, a United States territory, District of Columbia or Canadian province)[
whose authenticity can be verified (traceable to an original source for confirmation
or refutation)
]:
.
]
(D)
] For applicants born before
1961, the following items would be acceptable in this category:
listed as examples
only and should not be construed as an absolute list of "must have" items:
]
public
]school records;
infant baptismal records;
]
(C)
]
insurance policy (at least two years old);
(D)
] vehicle title;
(J)
] military records;
(L)
] original or certified copy
of marriage license or divorce decree;
(M)
] voter registration card;
(N)
] Social Security card;
(O)
] pilot's license;
(P)
] concealed handgun license;
(Q)
] Texas driver's license temporary
receipt;
(R)
] a foreign passport (with or
without a United States Visa); or
(S)
] a consular document issued
by a state or national government.
standalone
]
identification, or
documented
]
identification plus
two
[
one or more
] pieces of support
identification
; or,
[
.
]
Chapter 23.
VEHICLE INSPECTION
Part 3.
TEXAS YOUTH COMMISSION
TYC
] will
resolve complaints relative to the operation of and services provided by TYC
including those involving the Americans with Disabilities Act of 1990 (ADA)
(Public Law 101-336). Members of the public who wish to file a complaint,
including one that alleges a violation of the ADA, may do so under the rules
established by this policy.
Members of the public are entitled to and
shall receive a timely and responsive resolution of a complaint.
(d)
]
Public
Complaint
that does not involve an ADA Violation.
person
] filing the complaint.
an
] Non-ADA
Complaint. The complaint may be filed with the administrator of a TYC field
program or with the
complaint coordinator
[
administrative
assistant to the executive director
] in TYC's central office at
4900 North Lamar, P.O. 4260, Austin, Texas 78765.
[
P.O.Box 4260,
4900 North Lamar, Austin, Texas 78756.
]
administrative assistant to the executive.
]
administrator
assistant
] shall be notified of all complaints received and assigns
each complaint to the most appropriate administrator for response. Resolution
of complaint is attempted at the program level.
quarterly
] until and including final
disposition;
administrative assistant to the
executive director.
]
(e)
]
Public
Complaint
that involves an ADA Violation.
The Texas Youth
Commission (TYC)
] complies with the Americans with Disabilities Act
of 1990 (ADA) (Public Law 101-336). The executive director has appointed
the central office Director of Risk Management, 4900 North Lamar, P.O. Box
4260 Austin, Texas 78765,
[
Art Hinojosa, or his successor, Architect,
P.O. Box 4260, 4900 North Lamar, Austin, Texas 78756,
] as the ADA compliance
officer for TYC.
an
] ADA Complaint.
Complaints may be filed either in writing or verbally. If the complaint is
initially filed verbally, it must subsequently be reduced to writing and received
by the ADA compliance officer not later than 15 calendar days after the ADA
compliance officer was notified of the initial verbal filing. The complaint,
in order to be timely filed, must be filed within 180 calendar days after
the complainant became aware of, or should have become aware of, the alleged
violation. Failure to timely file can result in the commission refusing to
consider the complaint.
person
] filing the complaint.
an
] ADA Complaint.
The complaint may be filed directly, either verbally or in writing, with the
ADA compliance officer at the address in paragraph (1) of this subsection,
or the complaint may be filed in writing with the superintendent of any TYC
facility, or the director of any TYC area office. That administrator will
then immediately notify the ADA compliance officer and forward the written
complaint to the ADA compliance officer within one working day from date of
receipt of the complaint.
Chapter 91.
PROGRAM SERVICES Jefferson County State School ]
Jefferson
County State School Adolescent Recovery/Rehabilitation Center (JARRC)
]
for the more efficient delivery of health care.
JARRC
] according to the following
criteria:
JARRC
] from the MOAU or may be referred from another facility. If referred
from another facility, the action is considered an administrative transfer
under (GAP) §85.29 of this title (relating to Program Completion and
Movement Other Than Sentenced Offenders). Youth may contest such a transfer
by filing a complaint under (GAP) §93.31 of this title (relating to Complaints
Resolution System).
JARRC
] admissions
review team at
APSJCF.
[
Jefferson County State School (JCSS).
]
JCSS
] superintendent immediate
placement in the
MRD.
[
JARRC.
] The admission is subject
to review and approval by the admission review team, which occurs within seven
days of the youth's arrival.
JARRC
] program focus will
be on the coordination and provision of health care services.
JARCC
] and the
APSJCF
[
JCSS
] infirmary, whichever
is most appropriate.
JARCC
] may recommend to the
APSJCF
[
JCSS
] superintendent
the transition of a youth from the
MRD.
[
JARRC.
] The
facility's physician will be consulted when questions arise regarding the
transition. The TYC medical director may be consulted before making final
decisions regarding the transition of youth from the
MRD.
[
JARRC.
]
JCSS
] will occur only upon recommendation
of the admission review team.
JARRC
] as a transitional care youth, he would be returned to his original
assigned facility.
Chapter 93.
YOUTH RIGHTS AND REMEDIES