37 TAC §93.1
The Texas Youth Commission (TYC) proposes an amendment to §93.1,
concerning Basic Youth Rights. The amendment to the section clarifies youth's
right to personal possessions. Youth shall not be in possession of contraband
and TYC may limit the right to limit possessions that represent a risk to
facility safety or sanitary living conditions, or that are in excess of space
allotted to the youth. The excess items will be returned to the youth's family.
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 increased safety and security for youth and
staff in TYC facilities. 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 DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order confinement
under conditions believed best designed for the youth's welfare and interests
of the public.
The proposed rule affects the Human Resource Code, §61.034.
§93.1.Basic Youth Rights.
(a)
Purpose. The purpose of this rule is to establish that
certain basic rights are recognized for each youth in the
Texas Youth
Commission (TYC)
[
TYC
] system. The basic rights accorded
each TYC youth are not absolute, but may be limited to the extent reasonably
necessary for the TYC to discharge its statutory responsibilities with respect
to public protection, treatment, and care and supervision.
(b)-(c)
(No change.)
(d)
Right of Free Speech and Expression. Youth have the right
to express themselves freely, so long as their expressions do not interfere
with the safe and orderly operation of the program, or except where totally
free expression would be inappropriate due to the unique vulnerability of
youth
[
children
] to improper influences.
(e)
Right of Religious Freedom. Youth have the right to participate
in religious activities of their choice. The TYC shall not compel youth to
participate in any religious activity.
(f)
Right to Personal Possessions. Youth have the right to
keep and use personal possessions so long as these possessions do not endanger
the safety of staff and youth, disrupt programs and activities, encourage
delinquent subcultural values, or appeal to the unique vulnerability of
youth
[
children
] to improper influences.
Youth shall
not be in possession of contraband as defined by (GAP) §91.7 of this
title (relating to Youth Personal Property). TYC may also limit a youth's
personal possessions, including items:
(1)
that represent a risk to facility
safety (e.g. danger to self or others, fire hazards); or
(2)
that represent a risk to sanitary
living conditions; or
(3)
based upon the youth's progress
in the agency's established treatment program in order to enhance the youth's
incentive to participate in such program; or
(4)
in excess of space allotted
to each youth. The amount of space provided to each youth will be dependent
on local issues such as the configuration of the dorm. Excess items will be
returned to the youth's family.
(g)-(p)
(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 19, 2003.
TRD-200301241
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 424-6301