Part 3.
TEXAS YOUTH COMMISSION
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.75
The Texas Youth Commission (TYC) proposes an amendment to §87.75,
concerning Mental Retardation Offender Program. The current title "Mental
Retardation Treatment Program" implies that the MR program is "treating" the
mentally retarded youth, which is not accurate (i.e., we are not going to
cure or treat mental retardation), therefore, the proposed amendment is to
change the title to read "Mentally Retarded Offender Program." The title amendment
will accurately describe the MR program.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amended section.
Mr. McCullough also has determined that for each year of the first five
years the amendment is in effect the public benefit anticipated as a result
of enforcing the amended section will be accurately describe the title of
the TYC's Mentally Retarded program. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendment as proposed. No private real property rights are affected
by adoption of this amendment.
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,
or e-mail to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to order a youth's confinement under conditions it believes
are best designed for the welfare of the youth and protection of the public.
The proposed amendment affects the Human Resource Code, §61.034.
§87.75. Mentally Retarded Offender [
(a)
Purpose. The
Mentally Retarded Offender Program (MROP)
[
(b)
Authorized Facility. The Corsicana Residential Treatment
Center (CRTC) in Corsicana, Texas is the only facility authorized to administer
the
MROP
[
(c)
(No change.)
(d)
Admissions.
(1)
Admission Criteria.
(A)
Youth from a secure residential program may be admitted
to the
MROP
[
(B)
Priority for admission will be based on the extent to which
the youth's ability to function in Texas Youth Commission (TYC) programs is
impaired by his/her mental retardation.
(2)
(No change.)
(e)
Program Requirements. The
MROP
[
(f)
Release and Transition Options.
(1)
Youth in the
MROP
[
(2)
Youth may be transitioned from the
MROP
[
(3)
Youth in the
MROP
[
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 January 29, 2004.
TRD-200400569
Neil Nichols
Interim Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 14, 2004
For further information, please call: (512) 424-6301
Subchapter C. YOUTH EMPLOYMENT AND WORK
37 TAC §91.63
The Texas Youth Commission (TYC) proposes an amendment to §91.63,
concerning Youth Industries Program, Initial Preparation. The amendment to
the section will not impact the original purpose of the rule, but rather to
update the staff involved in creating a Cost Accounting Center and to better
match the language of the rule and activities to the State and Federal Legislation
that govern Prison Industries Enhancement Programs.
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 amended section will be compliance with the recently enacted
legislation and the availability of accurate, clear, and updated TYC policies.
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,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.121,
which requires the Texas Youth Commission to provide adequate employment and
vocational training for youth in its care.
The proposed rule affects the Human Resource Code, §61.034.
§91.63.Youth Industries Program, Initial Preparation.
(a)
(No change.)
(b)
Designation as a Cost Accounting Center. The Texas Youth
Commission's (TYC's) Employment Training Program Administrator (ETPA) will
seek a designation as a CAC for a proposed employer, whereby goods
and
services are
made as a result of a TYC industry program may be sold
in interstate commerce and to the federal government pursuant to Chapter 497
of the Government Code.
(c)
Application. An employer who seeks a CAC designation shall
submit to the ETPA the following:
(1)-(10)
(No change.)
(11)
Occupancy agreement (memorandum of understanding (MOU)
with TYC
)
; and
(12)
(No change.)
(d)
Prison Industry Enhancement Certification Program
(
PIECP
)
Wage and Displacement of Worker Assurance.
(1)
As a part of the CAC designation process, the ETPA shall
obtain from the Texas Workforce Commission (TWC) the following:
(A)
the PIECP wage rates, which for TYC youth is the federal
minimum wage because of the age of the youth and the extensive training component
of their employment.
[
(B)
(No change.)
(2)
(No change.)
(e)-(h)
(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 January 29, 2004.
TRD-200400570
Neil Nichols
Interim Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 14, 2004
For further information, please call: (512) 424-6301
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.5
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §421.5, concerning definitions in Chapter 421, entitled
Standards for Certification.
The amendment adds to the existing definition of probationary or temporary
appointment in paragraph (3)(B) the provision that an individual must have
met the medical requirement of §423.1(b) if applicable. The amendment
is proposed in conjunction with the proposal of an amendment to §423.1(b)
which sets out a requirement for being appointed to fire suppression duties
of successful completion of a TCFP recognized emergency medical course.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
amendment is in effect there will be no significant fiscal impact on state
or local governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be a clear definition of the requirements
for probationary or temporary appointment which include recent provisions
for medical training, ensuring firefighters with a higher level of training
serving the public. There are no additional costs of compliance for small
or large businesses or individuals that are required to comply with the proposed
amendment.
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 amendment is proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022(a)(5),
which provides the TCFP with the authority to establish minimum standards
for admission to employment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendment.
§421.5.Definitions.
The following words and terms, when used in this standards manual,
shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (2)
(No change.)
(3)
Appointment--the designation or assignment of a person
to a discipline regulated by the commission. The types of appointments are:
(A)
permanent appointment--the designation or assignment of
certified fire protection personnel or certified part time fire protection
employees to a particular discipline (See Texas Government Code, §419.032);
and
(B)
probationary or temporary appointment--the designation
or assignment of an individual to a particular discipline, except for head
of a fire department, for which the individual has passed the commission's
certification examination
and has met the medical requirement of §423.1(b),
if applicable,
but has not yet been certified. (See Texas Government
Code, §419.032.)
(4) - (42)
(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 January 28, 2004.
TRD-200400553
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: March 14, 2004
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
Mental Retardation Treatment ] Program.
Mental Retardation Treatment Program (MRTP)
] at Corsicana
Residential Treatment Center (CRTC) is a specialized program for youth with
Mental Retardation. The program will provide appropriate services for youth
who have been identified as mentally retarded. The rule will establish admission
criteria and procedures, and release/transition options for youth with mental
retardation.
MRTP
].
MRTP
] if a diagnosis of mental retardation
has been established according to the guidelines published in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders of the
American Psychiatric Association.
MRTP
]
will adapt the agency's Resocialization program to enable the progress of
youth diagnosed with mental retardation. These adaptations will be documented
monthly in the youth's Individual Case Plan (ICP).
MRTP
] who meet
criteria for transfer or release according to (GAP) §85.29 of this title
or (GAP) §85.33 of this title, may be transitioned to a less restrictive
setting or paroled to the community.
MRTP
] to an alternative placement if their functional ability improves
to a level at which they can continue to progress with identified program
adaptations in a general program.
MRTP
] who have
completed the initial minimum length of stay and are determined to be unable
to progress in the agency's Resocialization Program due mental retardation
in accordance with (GAP) §87.79 of this title shall be discharged.
Chapter 91.
PROGRAM SERVICES
a listing of Prison Industry Enhancement
Certification Program (PIECP) wage rates for similar jobs in the area where
the place of employment is to be located or, if unavailable for the locality,
a listing for similar jobs statewide; and
]
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 423.
FIRE SUPPRESSION