TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 85. ADMISSION AND PLACEMENT

Subchapter B. PLACEMENT PLANNING

37 TAC §85.45

The Texas Youth Commission (TYC) adopts an amendment to §85.45, concerning Parole of Undocumented Foreign Nationals, without changes to the proposed text as published in the December 27, 2002, issue of the Texas Register (27 TexReg 12171).

The justification for amending the section is to streamline notification process for more efficient work.

The amendment will no longer hold the undocumented youth in a residential program pending receipt of a letter from the Immigration and Naturalization Service stating that the youth will not be deported.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, §61.081 Release Under Supervision, which provides the Texas Youth Commission with the authority to release youth to a home or home substitute approved by TYC, under supervision, with proper notification.

The adopted rule implements the Human Resources 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 January 28, 2003.

TRD-200300677

Steve Robinson

Executive Director

Texas Youth Commission

Effective date: February 17, 2003

Proposal publication date: December 27, 2002

For further information, please call: (512) 424-6301


Chapter 93. YOUTH RIGHTS AND REMEDIES

37 TAC §93.1

The Texas Youth Commission (TYC) adopts an amendment to §93.1, concerning Basic Youth Rights, without changes to the proposed text as published in the December 27, 2002, issue of the Texas Register (27 TexReg 12171).

The justification for amending the section is to be in compliance with the Office of Civil Rights.

The amendment will ensure compliance according to the Office of Civil Rights.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, §61.045, which provides the Texas Youth Commission with the authority to provide basic youth rights.

The adopted rule implements the Human Resources 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 January 28, 2003.

TRD-200300674

Steve Robinson

Executive Director

Texas Youth Commission

Effective date: February 17, 2003

Proposal publication date: December 27, 2002

For further information, please call: (512) 424-6301


Chapter 95. YOUTH DISCIPLINE

Subchapter B. DUE PROCESS HEARING PROCEDURE

37 TAC §95.51

The Texas Youth Commission (TYC) adopts an amendment to §95.51, concerning Level I Hearing Procedure, without changes to the proposed text as published in the December 27, 2002, issue of the Texas Register (27 TexReg 12172).

The justification for amending the section is to increase accountability placed on TYC youth as well as increased due process for youth to ensure their rights are protected.

The amendment will clarify the language within the paragraph. The amendment was a minor grammatical change.

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 treatment and liberty under supervision when behavior is conducive.

The adopted rule implements the Human Resources 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 January 28, 2003.

TRD-200300676

Steve Robinson

Executive Director

Texas Youth Commission

Effective date: February 17, 2003

Proposal publication date: December 27, 2002

For further information, please call: (512) 424-6301


Chapter 97. SECURITY AND CONTROL

Subchapter A. SECURITY AND CONTROL

37 TAC §97.37

The Texas Youth Commission (TYC) adopts an amendment to §97.37, concerning Security Intake, without changes to the proposed text as published in the December 27, 2002, issue of the Texas Register (27 TexReg 12172).

The justification for amending the section will increase ability to ensure youth safety and maintain order in TYC programs.

The amendment will allow the superintendent or designee to place a moratorium on youth self-referrals to the security unit for an individual dormitory.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, §61.045, which provides the Texas Youth Commission with the authority to take appropriate measures to ensure the safety of youth.

The adopted rule implements the Human Resources 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 January 28, 2003.

TRD-200300675

Steve Robinson

Executive Director

Texas Youth Commission

Effective date: February 17, 2003

Proposal publication date: December 27, 2002

For further information, please call: (512) 424-6301