Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Chapter 161. COMMUNITY JUSTICE ASSISTANCE DIVISION ADMINISTRATION

37 TAC §161.21

The Texas Board of Criminal Justice proposes amendments to §161.21, concerning the Role of the Judicial Advisory Council as related to the Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD). The amendments are non-substantive, adding the term "judiciary's" and the use of the acronym "CSCD."

Brad Livingston, Chief Financial Officer for TDCJ, has determined that there will be no fiscal implication resulting from the amendments on state or local government for the next five year period, and that the implementation of the amendments will have no effect on small businesses, as they will not have to comply with the rules.

Mr. Livingston has also determined that the public benefit of the proposal is the clarification that it is the judiciary's statutory responsibility to have a role in the development of community corrections.

Comments should be directed to Mr. Carl Reynolds, TDCJ-OGC, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@TDCJ.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

The amendments are proposed under Texas Government Code: §493.003(b), which establishes the Judicial Advisory Council; and §509.003, which gives the Board of Criminal Justice authority to adopt reasonable rules establishing minimum standards for the operations and programs of community supervision and corrections departments.

Cross-Reference to statute: Government Code §493.003 and §509.003.

§161.21.Role of the Judicial Advisory Council.

(a) Policy. The Texas Board of Criminal Justice (board) acknowledges the judiciary's statutory responsibility and the valuable and critical role of the judiciary in the growth, development, and implementation of community corrections policies and programs in Texas. The Judicial Advisory Council (council) is intended to provide a structure for fulfilling that role.

(b) (No change.)

(c) Local-Level Role of the Council. In addition to the duties set out in subsection (b) of this section, the council shall:

(1) (No change.)

(2) coordinate its activities with the community justice liaison member of the board, the director of TDCJ-CJAD, the local community supervision and corrections departments (CSCDs) , and any other significant entities identified by the director of TDCJ-CJAD or the executive director of the department; and

(3) provide a forum for exchange of information and a dialogue with the network of local CSCDs [ community supervision and corrections departments ] on matters involving community corrections programs.

(d) (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 February 12, 2002.

TRD-200200868

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: March 31, 2002

For further information, please call: (512) 463-9693

Chapter 429. MINIMUM STANDARDS FOR FIRE INSPECTORS

37 TAC §429.5, §429.7

The Texas Commission on Fire Protection (TCFP) proposes changes to §429.5 and §429.7, concerning minimum standards for intermediate and advanced fire inspector certifications. The changes add a fourth option for meeting course requirements for each certification.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the amended sections are in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the amended sections will be an increase in the number of eligible applicants for advanced certifications.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the amendments.

Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties, Texas Government Code, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions, and Texas Government Code, §419.032, which provides the TCFP with authority to establish standards for employment as fire protection personnel.

Texas Government Code, §419.022, is affected by the proposed amendments.

§429.5.Minimum Standards for Intermediate Fire Inspector Certification.

(a) Applicants for Intermediate Fire Inspector Certification must complete the following requirements:

(1) (No change.)

(2) acquire a minimum of four years of fire protection experience and complete the courses listed in one of the following options:

(A) - (C) (No change.)

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the Commission curricula. Evidence of completion of the appropriate courses shall be a certification from the Commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in §429.5(d).

(b) - (d) (No change.)

§429.7.Minimum Standards for Advanced Fire Inspector Certification.

(a) Applicants for Advanced Fire Inspector certification must complete the following requirements:

(1) (No change.)

(2) acquire a minimum of eight years of fire protection experience and complete the courses listed in one of the following options:

(A) - (C) (No change.)

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the Commission curricula. Evidence of completion of the appropriate courses shall be a certification from the Commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b) - (d) (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 February 14, 2002.

TRD-200200939

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: March 31, 2002

For further information, please call: (512) 239-4921