TITLE 37.PUBLIC SAFETY AND CORRECTIONS

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) adopts new §5.2, concerning the Memorandum of Understanding with Criminal Justice Division of the Office of the Governor, without changes to the proposed text as published in the February 15, 2002, issue of the Texas Register (27 TexReg 1111).

The new section is necessary to adopt the Joint Memorandum of Understanding and all necessary revisions, between the department 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.

No comments were received regarding adoption of the new section.

The new section is adopted 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.

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 April 26, 2002.

TRD-200202569

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 16, 2002

Proposal publication date: February 15, 2002

For further information, please call: (512) 424-2135


Part 9. TEXAS COMMISSION ON JAIL STANDARDS

Chapter 257. CONSTRUCTION APPROVAL RULES

37 TAC §257.10

The Commission on Jail Standards adopts an amendment to §257.10, concerning Construction Approval Rules without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2424).

The rule is being amended to allow Registered Accessibility Specialist, as defined by the Texas Department of Licensing and Regulation, to perform accessibility reviews and inspections.

The rule ensures jail facilities are built to comply with Texas Accessibility Standards.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, §351.002 and §351.015.

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 April 29, 2002.

TRD-200202651

Brandon S. Wood

Director of Facility Planning

Texas Commission on Jail Standards

Effective date: May 19, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 463-5505


Chapter 269. RECORDS AND PROCEDURES

Subchapter A. GENERAL

37 TAC §269.1

The Commission on Jail Standards adopts an amendment to §269.1, concerning Records and Procedures without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2424).

The rule is being amended to provide a standard that adequately addresses reporting and recording of inmate escapes.

The rule provides accurate record keeping for inmate escapes.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, §351.002 and §351.015.

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 April 29, 2002.

TRD-200202652

Brandon S. Wood

Director of Facility Planning

Texas Commission on Jail Standards

Effective date: May 19, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 463-5505


Chapter 279. SANITATION

37 TAC §279.3

The Commission on Jail Standards adopts new §279.3, concerning Sanitation without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2425).

The rule is being adopted to provide a standard that adequately addresses preventive maintenance issues at jail facilities.

The rule provides standards in maintenance of facilities.

No comments were received regarding the adoption of the rule.

The new rule is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, §351.002 and §351.015.

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 April 29, 2002.

TRD-200202653

Brandon S. Wood

Director of Facility Planning

Texas Commission on Jail Standards

Effective date: May 19, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 463-5505