Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor adopts the amendment of Subchapter A §§3.3,
3.5, 3.9, 3.19, and 3.21; Subchapter B §§3.53, 3.55, 3.77, 3.79,
3.81, 3.83, and 3.85; Subchapter C §§3.103, 3.201, 3.301, 3.305,
3.401, 3.501, 3.503, 3.505, 3.601, 3.609, 3.613, 3.721, 3.723, 3.801, 3.803,
3.901, 3.905, 3.1005, 3.1103, 3.1203, 3.1205, 3.1213, and 3.1303; Subchapter
D §§3.2007, 3.2009, and 3.2013; Subchapter E §§3.2501,
3.2507, 3.2511, 3.2513, 3.2515, and 3.2529; Subchapter F §3.2601 and §3.2603;
Subchapter G §§3.8115, 3.8205, 3.8215, 3.8305, and 3.8315; and Subchapter
I §3.9300, without changes to the proposed text as published in the April
9, 2004, issue of the
Texas Register
(29 TexReg
3553).
The Office of the Governor adopts the addition of Subchapter C §3.725
and §3.809, without changes to the proposed text as published in the
April 9, 2004, issue of the
Texas Register
(29
TexReg 3553).
The Office of the Governor adopts the repeal of Subchapter C §§3.1215,
3.1401, 3.1403, 3.1405, 3.1409, 3.1411, 3.1413, and 3.1415, without changes
to the proposed text as published in the April 9, 2004, issue of the
The Office of the Governor adopts the following proposed amendments, with
changes to the proposed text as published in the April 9, 2004, issue of the
(a) Subchapter A §3.7. The proposed text "pursuant to an RFA" in the
second sentence of subsection (a) was deleted to clarify that the requirement
applies to all grant applications submitted to CJD.
(b) Subchapter B §3.75. The commas around the words "and the Local
Law Enforcement Block Grant Program" in the third sentence of subsection (c)
of the proposed text and the comma after the word "leave" in the second sentence
of subsection (d) of the proposed text were removed to correct grammatical
errors in the proposed text.
(c) Subchapter C §3.111. The last sentence of the proposed text ("The
executive director may approve exceptions to this prohibition.") was removed
because it is repetitive of the language in the previous sentence that authorizes
the executive director to grant an exception.
(d) Subchapter C §3.203. To correct spelling errors in the proposed
text: (1) the words "community based" in paragraphs (b)(2) and (b)(16) of
the proposed text were changed to "community-based"; (2) the word "familes"
in subparagraph (b)(2)(B) of the proposed text was changed to "families";
and (3) the phrase "limited-English speaking" in subparagraph (b)(2)(C) of
the proposed text was changed to "limited English-speaking".
(e) Subchapter C §3.303. The phrase "job training" in subparagraph
(1)(G) of the proposed text was changed to "job training skills" to make the
language of the proposed text match the exact language of the federal requirements
for this funding source.
(f) Subchapter C §3.403. The word "Community" in subsection (g) of
the proposed text was changed to "Communities" to match the title of the Act
and the word "prevelance" in subparagraph (g)(1)(A) of the proposed text was
changed to "prevalence" to correct a spelling error in the proposed text.
(g) Subchapter C §3.511. Paragraph (22) of the proposed text was deleted
because it contained the same language as Paragraph (13), and the word "and"
in paragraph (21) of the proposed text was moved to paragraph (20).
(h) Subchapter C §3.903. The word "taskforce" in subparagraphs (b)(1)(D),
(b)(2)(D) and (b)(3)(D) of the proposed text was changed to "task force" to
correct a spelling error in the proposed text, and the comma between the word
"stalking" and the words "and/or" was removed from subparagraphs (b)(1)(D),
(b)(2)(D), (b)(3)(D) and (b)(4)(B) of the proposed text to make the language
consistent with the rest of the section.
(i) Subchapter C §3.1101. The comma between the citation "42 U.S.C.
3796ff" and the phrase "et seq." in subsection (b) of the proposed text was
removed to make the citation consistent with other citations in this chapter.
(j) Subchapter C §3.1201. The "USC" in the citation in subsection
(b) of the proposed text was changed to "U.S.C." to correct the citation in
the proposed text.
(k) Subchapter C §3.1211. The word "entities" in subsection (b) of
the proposed text was changed to "entity's" to correct a grammatical error
in the proposed text.
(l) Subchapter E §3.2525. The phrase "day to day" in subsection (b)
of the proposed text was changed to "day-to-day" to ensure the use of consistent
language in this chapter.
(m) Subchapter G §3.8105. The word "council" was added between the
words "the" and "acts" in subsection (b) of the proposed text to correct a
typographical error in the proposed text.
The Office of the Governor adopts the following proposed additions, with
changes to the proposed text as published in the April 9, 2004, issue of the
(a) Subchapter C §3.211. The word "Ineligibile" in the title of the
proposed text was changed to "Ineligible" to correct a spelling error in the
proposed text.
(b) Subchapter C §3.313. The word "outined" in the second sentence
of the proposed text was changed to "outlined" to correct a spelling error
in the proposed text.
(c) Subchapter C §3.811. The word "the" was added before the phrase
"Bureau of Justice Assistance" in paragraph (8) of the proposed text to correct
a grammatical error in the proposed text.
(d) Subchapter C §3.1111. A semicolon replaced a period at the end
of paragraph (9) of the proposed text to correct a typographical error in
the proposed text.
The amendment to §3.3 changes the name of the "Violence Against Women
Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect the
current name of this federal funding source.
The amendment to §3.5 clarifies the meaning of the section by: (1)
changing the word "kind" to "type" in paragraph (a)(2); and (2) removing unnecessary
language in subsection (b).
The amendment to §3.7 clarifies the requirement of the Governor's
Criminal Justice Division (CJD) that all grant applications be submitted directly
to CJD. This allows CJD to review the applications for eligibility before
they are prioritized by a review group, regional Council of Governments (COG),
or other designee of CJD. In the past, certain types of grant applications
were submitted directly to COGs.
The amendment to §3.9 clarifies that all grant funding decisions are
within the discretion of CJD and that approval of a grant award does not give
the applicant special consideration for future grant funding or entitle the
applicant to additional grant funds.
The amendment to §3.19 clarifies which funding sources are exempt
from the federal requirements for the Texas Review and Comment System.
The amendment to §3.21 clarifies that CJD may submit information to
applicants or grantees via the Internet or other electronic means, and may
require applicants or grantees to submit information to CJD in the same manner.
The use of electronic communication provides for a more efficient flow of
information and greater cost savings to the state, applicants and grantees.
The amendment to §3.53 sets forth the current priority needs for juvenile
justice and youth projects. These priority needs were developed in coordination
with the Governor's Juvenile Justice Advisory Board.
The amendment to §3.55: (1) deletes subsections (a) from this section
and transfers it to §3.101 relating to the State Criminal Justice Planning
(421) Fund because it sets forth the basic purpose and the central project
requirement of the State Criminal Justice Planning (421) Fund; (2) deletes
subsection (b) because it does not adequately define the types of projects
to which it applies; and (3) deletes subsection (c) and transfers it to §3.311
relating to the State Criminal Justice Planning (421) Fund because this requirement
is applicable to state funds and does not apply to the federal funding sources.
The federal funding sources are regulated by federal program requirements.
In addition, many of the federal funding sources fund programs for juvenile
offenders, which are not subject to these requirements, or drug treatment,
which is an exception to these requirements.
The amendment to §3.75: (1) clarifies that grant funds may be used
to compensate court masters, magistrates, referees, or judges in juvenile
courts or drug courts because the use of funds for this purpose is necessary
to establish such programs; (2) deletes the reference to the "Extraordinary
Costs of Investigating and Prosecuting Capital Murder and Hate Crimes Program"
from the list of exceptions because the program is no longer administered
by CJD; and (3) clarifies the section by transferring subsection (e) to subsection
(c) regarding overtime pay.
The amendment to §3.77: (1) clarifies the requirement, set forth in
the Uniform Grant Management Standards, that grantees establish a system for
ensuring that subcontractors provide the products and services specified in
their contracts; (2) refers grantees to the requirement that a procurement
questionnaire must be submitted for all procurements that exceed $100,000
or upon CJD request.
The amendment to §3.79: (1) changes the name of the "Violence Against
Women Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect
the current name of this federal funding source; and (2) clarifies that the
exemption in subsection (b) applies only to subsection (b) and clarifies the
language in this subsection to ensure the use of uniform language in this
chapter.
The amendment to §3.81 clarifies that the exemption in subsection
(b) applies only to subsection (b) and clarifies the language in this subsection
to ensure the use of uniform language in this chapter.
The amendment to §3.83 corrects the reference in this section to indicate
that "approved budget categories" is defined in §3.3(10).
The amendment to §3.85 clarifies that the exemption in subsection
(d) applies only to subsection (d) and clarifies the language in this subsection
to ensure the use of uniform language in this chapter.
The amendment to §3.103 conforms the project requirements under the
State Criminal Justice Planning (421) Fund to the state statutory requirements
for this funding source under Article 102.056 of the Texas Code of Criminal
Procedure.
The amendment to §3.111: (1) deletes the language regarding renovation
or retrofitting of existing facilities because it is permissive and these
projects remain eligible to be funded under this funding source; and (2) adds
the requirement that was transferred from §3.55(c).
The amendment to §3.201 updates the language of subsection (a) to
reflect the current citation for the federal legislation that authorizes the
Juvenile Justice and Delinquency Act Fund.
The amendment to §3.203 conforms the project requirements under the
Juvenile Justice and Delinquency Act Fund to the federal requirements for
this funding source.
The amendment to §3.301: (1) updates the language of subsection (b)
to reflect the current citation for the federal legislation that authorizes
the Title V Delinquency Prevention Act Fund; and (2) conforms the program
purpose under the Title V Delinquency Prevention Act Fund to the federal requirements
for this funding source.
The amendment to §3.303 conforms the project requirements under the
Title V Delinquency Prevention Act Fund to the federal requirements for this
funding source.
The amendment to §3.305 deletes the language regarding the local policy
board and transfers it to new §3.313, which relates to local policy boards.
The amendment to §3.401: (1) updates the language of subsection (b)
to reflect the current citation for the federal legislation that authorizes
the Safe and Drug-Free Schools and Communities Act Fund; and (2) conforms
the program purpose under the Safe and Drug-Free Schools and Communities Act
Fund to the federal requirements for this funding source.
The amendment to §3.403 conforms the project requirements under the
Safe and Drug-Free Schools and Communities Act Fund to the federal requirements
for this funding source.
The amendment to §3.501 conforms the program purpose under the Victims
of Crime Act Fund to the federal requirements for this funding source.
The amendment to §3.503 conforms the project requirements under the
Victims of Crime Act Fund to the federal requirements for this funding source.
The amendment to §3.505 conforms the list of eligible applicants and
the criteria that must be met by eligible applicants under the Victims of
Crime Act Fund to the federal requirements for this funding source.
The amendment to §3.511 conforms the list of ineligible activities
and costs under the Victims of Crime Act Fund to the federal requirements
for this funding source.
The amendment to §3.601 clarifies the language of the section.
The amendment to §3.609 clarifies that the exemption in this section
applies only to this section and clarifies the language in this section to
ensure the use of uniform language in this chapter.
The amendment to §3.613 clarifies that a grant awarded to a crime
stoppers organization under the Crime Stoppers Assistance Fund will terminate
not only when the organization is decertified, but also when the organization's
Crime Stoppers certification expires.
The amendment to §3.721 clarifies that only multi-jurisdictional drug
task force projects are required to certify that they will conduct drug testing.
Mandatory drug testing is necessary for these projects because of task force
personnel's access to confidential information and illegal drugs.
The amendment to §3.723: (1) clarifies that advisory boards are established
only for multi-jurisdictional drug task force projects; and (2) deletes the
language regarding task force personnel and transfers the language to new §3.725,
which relates to task force personnel.
The amendment to §3.801 updates the language of subsection (b) to
reflect the current citation for the federal legislation that authorizes the
Local Law Enforcement Block Grant Program.
The amendment to §3.803 deletes the language regarding prohibited
uses of grant funds under the Local Law Enforcement Block Grant Program from
this section, entitled "Program Requirements", and transfers it to new §3.811,
entitled "Ineligible Activities and Costs". The amendment makes the sections
relating to the Local Law Enforcement Block Grant Program more consistent
with the sections relating to other funding sources administered by CJD.
The amendment to §3.901 changes the "Violence Against Women Act Fund"
to the "S.T.O.P. Violence Against Women Act Fund" to reflect the current name
of this federal funding source.
The amendment to §3.903: (1) changes the "STOP Violence Against Women
Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect the
current name of this federal funding source; and (2) corrects the punctuation
in this section.
The amendment to §3.905 corrects the punctuation in this section.
The amendment to §3.1005 changes "nonprofit organizations" to "nonprofit
corporations" to ensure the use of uniform language in this chapter.
The amendment to §3.1101 conforms the program purpose under the Residential
Substance Abuse Treatment Grant Program to the federal requirements for this
funding source.
The amendment to §3.1103 conforms the project requirements under the
Residential Substance Abuse Treatment Grant Program to the federal requirements
for this funding source.
The amendment to §3.1201 updates the language of subsection (b) to
reflect the current citation for the federal legislation that authorizes the
Juvenile Accountability Block Grant Program.
The amendment to §3.1203 conforms the project requirements under the
Juvenile Accountability Block Grant Program to the federal requirements for
this funding source.
The amendment to §3.1205 conforms the list of eligible applicants
and funds available to eligible applicants under the Juvenile Accountability
Block Grant Program to the federal requirements for this funding source.
The amendment to §3.1211 conforms the waiver of application process
under the Juvenile Accountability Block Grant Program to the federal requirements
for this funding source and CJD's procedures.
The amendment to §3.1213: (1) conforms the requirements for local
advisory boards under the Juvenile Accountability Block Grant Program to the
federal requirements for this funding source; and (2) adds the language regarding
coordinated enforcement plan that was transferred to this section from §3.1215.
The amendment to §3.1303 conforms the project requirements under the
Coverdell Forensic Sciences Program to the federal requirements for this funding
source.
The amendment to §3.2007 clarifies the language in this section to
ensure the use of uniform language in this chapter.
The amendment to §3.2009 exempts grantees that have statewide jurisdiction
to make arrests and execute process in criminal cases from the requirement
that they obtain the signature of each sheriff because such grantees have
statewide jurisdiction and do not require the permission of the counties to
exercise their jurisdiction in each county.
The amendment to §3.2013 clarifies the language in this section to
ensure the use of uniform language in this chapter.
The amendment to §3.2501: (1) clarifies the language in subsection
(a) to ensure the use of uniform language in this chapter; (2) encourages
grantees to use every effort to ensure that grant officials have access to
e-mail and the Internet to promote a more efficient flow of information and
greater cost savings to the state and grantees; (3) adds a reasonable time
limit for notifying CJD of changes in grant officials and contact information
because current information of this type is necessary for CJD to effectively
administer and monitor grants.
The amendment to §3.2507 clarifies the language in this section to
ensure the use of uniform language in this chapter.
The amendment to §3.2511: (1) clarifies that advanced funds covering
no more than the anticipated expenses for the next month may be provided to
a grantee by CJD; (2) exempts Local Law Enforcement Block Grant projects from
subsection (a) because the federal requirements for this funding source allow
grantees to receive advanced funds covering the entire amount of the grant
in certain instances; and (3) requires Crime Stoppers Assistance Fund grantees
to request funds once per quarter because of the small size of the grants
under this funding source.
The amendment to §3.2513 corrects the reference in this section to
indicate that "approved budget categories" is defined in §3.3(10).
The amendment to §3.2515 changes "nonprofit agency" to "nonprofit
corporation" to ensure the use of uniform language in this chapter.
The amendment to §3.2525 clarifies that grantees are responsible for
managing and monitoring the day-to-day operations of grant and subgrant supported
activities to ensure that grant funds are being properly utilized.
The amendment to §3.2529 clarifies the language in this section to
ensure the use of uniform language in this chapter and corrects the punctuation
in this section.
The amendment to §3.2601 clarifies the language in this section to
ensure the use of uniform language in this chapter.
The amendment to §3.2603 clarifies the language in this section to
ensure the use of uniform language in this chapter.
The amendment to §3.8105 conforms the powers of the Crime Stoppers
Advisory Council to the powers stated in Chapter 414 of the Texas Government
Code.
The amendment to §3.8115 italicizes the name of the publication,
The amendment to §3.8205 updates the language of paragraph (a)(3)
to reflect the current citation for the Juvenile Justice and Delinquency Prevention
Act.
The amendment to §3.8215 italicizes the name of the publication,
The amendment to §3.8305 changes the "STOP Violence Against Women
Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect the
current name of this federal funding source.
The amendment to §3.8315 italicizes the name of the publication,
The amendment to §3.9300 replaces the memorandum of understanding
in Figure: 1 TAC §3.9300 between the Texas Department of Public Safety
and CJD with the most recent version of the memorandum of understanding adopted
by the parties pursuant to §411.0096 of the Texas Government Code.
The addition of §3.211 conforms the list of ineligible activities
and costs under the Juvenile Justice and Delinquency Act Fund to the federal
requirements for this funding source.
The addition of §3.313 establishes local prevention policy boards
in accordance with the requirements of the Title V Delinquency Prevention
Act Fund.
The addition of §3.725: (1) adds the language regarding task force
personnel that was transferred to this section from §3.723; and (2) clarifies
that, although the Texas Department of Public Safety exercises command and
control over all narcotics task forces funded by the Byrne Formula Grant Program
through CJD, task force employees remain employees of their assigning agencies
and are not considered employees of the Texas Department of Public Safety
or the other entities listed in this section.
The addition of §3.809 conforms requirements regarding indirect costs
under the Local Law Enforcement Block Grant Program to the federal requirements
for this funding source.
The addition of §3.811 adds to this section, entitled "Ineligible
Activities and Costs", the language regarding prohibited uses of grant funds
under the Local Law Enforcement Block Grant Program that was deleted from §3.803,
entitled "Program Requirements". The amendment makes the sections relating
to the Local Law Enforcement Block Grant Program more consistent with the
sections relating to other funding sources administered by CJD.
The addition of §3.1111 conforms the list of ineligible activities
and costs under the Residential Substance Abuse Treatment Grant Program to
the federal requirements for this funding source.
The repeal of §3.1215 deletes the language regarding coordinated enforcement
plan from this section and transfers it to §3.1213.
The repeal of §§3.1401, 3.1403, 3.1405, 3.1409, 3.1411, 3.1413,
and 3.1415 deletes the language regarding the Rural Domestic Violence and
Child Victimization Enforcement Program because CJD no longer administers
this funding source.
The Office of the Governor reviewed the rules affecting the Criminal Justice
Division grant processes and procedures with the goal of increasing efficiency
and updating the rules to address changes in the administration process. The
review disclosed that a number of the rules required further clarification
and simplification. As a result, the Office of the Governor has determined
that the sections in the Texas Administrative Code identified above should
be amended, added, or repealed.
No comments were received regarding adoption of the amendments, new rules,
and repeals.
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.3, 3.5, 3.7, 3.9, 3.19, 3.21
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.7.Selection Process.
(a)
All applications must be submitted to CJD. Applications
submitted to CJD are reviewed for eligibility, reasonableness, availability
of funding, and cost-effectiveness. For applications submitted pursuant to
an RFA, the executive director will select a review group, COG, or other designee
to prioritize the applications and submit a priority listing to the executive
director, who will render the final funding decision. A review group may include
staff members, experts in a relevant field, and members of an advisory board
or council.
(b)
For applications submitted to CJD pursuant to §3.5(b)
of this chapter, the executive director will decide whether to fund the application
based upon the following factors:
(1)
the inherent value of the project's impact;
(2)
whether the project has the potential to be a model program;
or
(3)
whether delaying the application would have a significant
negative impact on the immediate need for the project.
(c)
For applications prioritized by a COG, the CJAC must prioritize
the applications and prepare the priority listing. The COG's governing body
must approve the priority listing. The COG then must submit the priority listing
to CJD within the time periods established by CJD. CJD will render final funding
decisions on these applications based upon the COG priorities, eligibility,
reasonableness, availability of funding, and cost-effectiveness.
(d)
For applications prioritized by a COG and seeking funding
from the State Criminal Justice Planning Fund, the Juvenile Justice and Delinquency
Prevention Act Fund, or the Safe and Drug-Free Schools and Communities Act
Fund, CJD will allocate funding through a formula based upon population figures
and crime rates. No formula-based funding allocation exists for applications
prioritized by a COG that seek grants from other funding sources.
(e)
During the review of an application, CJD or its designee
may request that the applicant submit additional information necessary to
complete the grant review. CJD or its designee may request the applicant to
provide any outstanding forms and documents to clarify or justify any part
of the application or to disclose other funding sources related to the project.
Such requests for information, including the issuance of a preliminary review
report, do not serve as notice that CJD intends to fund an application. If
CJD is not able to adequately resolve problems within an applicant's budget
through the review process, CJD may make the necessary corrections to the
budget to bring it into compliance with applicable state or federal requirements.
Any corrections to an applicant's budget will be reflected in the award documentation.
(f)
CJD will inform applicants in writing of funding decisions
on their grant applications through either a Statement of Grant Award or a
notification of denial. For applications prioritized by a COG that do not
receive funding recommendations, the COG notification of the decision not
to recommend funding serves as the applicant's notification of denial.
(g)
All funding decisions made by the executive director are
final and are not subject to appeal.
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 May 20, 2004.
TRD-200403438
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1.
ELIGIBILITY REQUIREMENTS
1 TAC §3.53, §3.55
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
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 May 20, 2004.
TRD-200403439
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.75, 3.77, 3.79, 3.81, 3.83, 3.85
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.75.Personnel.
(a)
CJD will determine the reasonableness of requested salaries
and reserves the right to limit the CJD-financed portion of any salary. In
determining reasonableness, the following rules apply:
(1)
Salaries for grant-funded positions must comply with the
grantee's or applicant's salary classification schedule for employees of the
applicant agency. Salaries for persons assigned to the grant project from
agencies other than the applicant must be reimbursed in accordance with the
assigning agency's salary classification schedule.
(2)
If the applicant or assigning agency does not have a classification
schedule, then the proposed salary must be commensurate with that paid for
similar work in other activities of the applicant or assigning agency. In
cases where such work is not found within the applicant or assigning agency,
CJD will consider reasonableness based on that paid for similar work in the
labor market in which the applicant or assigning agency competes for the kind
of employees involved.
(3)
CJD will not pay any portion of the salary of, or any other
compensation for, an elected or appointed government official. Grants that
fund juvenile courts or drug courts, regardless of the funding source, are
exempt from this subsection.
(b)
Personnel compensated with grant funds must maintain on
file personnel activity reports that reflect a distribution of actual time
worked and activity performed, that are prepared at least monthly, and that
are signed by the employee and a supervisory official having first hand knowledge
of the work performed by the employee. Law enforcement and prosecution grant
personnel whose primary function is investigating or enforcing laws or prosecuting
alleged offenders are required to include the project's case or cause number
(or other indicators of assignment) in the personnel activity report.
(c)
Grantees may not use grant funds to provide overtime pay.
Overtime pay is remuneration for hours worked in excess of full-time on a
CJD grant project. Grants under the Drug Court Program and the Local Law Enforcement
Block Grant Program are exempt from this subsection. Grants under the Byrne
Formula Grant Program are exempt from this subsection and instead CJD may
approve requests to pay overtime in accordance with agency policy only for
law enforcement officers assigned to a multi-jurisdictional task force and
only from program income that is not used toward the minimum cash match requirement.
(d)
Grantees may not carry forward accrued leave from one grant
period to another. In accordance with a grantee's or subgrantee's policy,
grantees may use grant funds to compensate staff members leaving employment
for accrued leave (which includes, but is not limited to, annual leave, compensatory
time, and sick leave). These payments may only fund leave earned during the
current grant period. The proportion of grant funds paid for leave cannot
exceed the proportion of grant funds used to pay the staff member's salary.
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 May 20, 2004.
TRD-200403440
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1.
STATE CRIMINAL JUSTICE PLANNING (421) FUND
1 TAC §3.103, §3.111
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.111.Ineligible Activities.
Grantees may not use grant funds to pay for serving adult offenders
charged with, given deferred adjudication for, or convicted of, violent or
other serious crimes including murder, arson, robbery, sexual assault, aggravated
sexual assault, burglary, felony drug crimes, crimes against children, kidnapping,
aggravated kidnapping, and manslaughter, unless the executive director grants
an exception.
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 May 20, 2004.
TRD-200403441
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.201, 3.203, 3.211
The amendment and addition of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.203.Project Requirements.
(a)
Projects must meet the requirements of §3.53 of this
chapter.
(b)
Grant funds can support projects to prevent juvenile delinquency
including:
(1)
Community Based Alternatives to Incarceration. This includes
projects that serve youth who need temporary placement such as crisis intervention,
shelter, and after-care; and projects that serve youth who need residential
placement such as a continuum of foster care or group home alternatives that
provide access to a comprehensive array of services.
(2)
Strengthening Families. This includes community-based programs
and services that work with:
(A)
parents and other family members to strengthen families,
including parent self-help groups, so that juveniles may be retained in their
homes;
(B)
juveniles during their incarceration, and with their families,
to ensure the safe return of such juveniles to their homes and to strengthen
the families; and
(C)
parents with limited English-speaking ability, particularly
in areas where there is a large population of families with limited English-speaking
ability.
(3)
Collaboration of Local Systems. This includes programs
that meet the needs of youth through the collaboration of the many local systems
before which a youth may appear, including schools, courts, law enforcement
agencies, child protection agencies, mental health agencies, welfare services,
health care agencies, and private nonprofit agencies offering youth services.
(4)
Treatment for Victims. This includes programs that provide
treatment to juvenile offenders who are the victims of child abuse or neglect,
and to their families, in order to reduce the likelihood that such offenders
will commit subsequent violations of law.
(5)
Educational Programs and Supportive Services. This includes
programs that:
(A)
encourage juveniles to remain in elementary or secondary
schools or in alternative learning situations;
(B)
provide services to assist juveniles in making the transition
to the world of work and self-sufficiency; and
(C)
enhance coordination with the local schools that such juveniles
would otherwise attend, to ensure that:
(i)
the instruction that juveniles receive outside school is
closely aligned with the instruction provided in school; and
(ii)
information regarding any learning problems identified
in such alternative learning situations are communicated to the schools.
(6)
Probation. This includes programs that expand the use of
probation officers to address the following:
(A)
permitting nonviolent juvenile offenders (including status
offenders) to remain at home with their families as an alternative to incarceration
or institutionalization; and
(B)
ensuring juveniles follow the terms of their probation.
(7)
Counseling, Training, and Mentoring. This includes programs
in support of academic tutoring, vocational and technical training, and drug
and violence prevention counseling that are designed to link at-risk juveniles,
juvenile offenders, or juveniles who have a parent who is or was incarcerated,
with responsible individuals who are properly trained.
(8)
Learning Disabilities. This includes programs that are
designed to develop and implement projects relating to juvenile delinquency
and learning disabilities, including on-the-job training programs to assist
community services, law enforcement, and juvenile justice personnel to more
effectively recognize and provide for learning disabled and other juveniles
with disabilities.
(9)
Gangs. This includes programs designed to deter involvement
in illegal activities and to promote involvement in lawful activities on the
part of gangs whose membership is substantially composed of youth.
(10)
Drug Treatment. This includes programs designed to provide
for the treatment of youths' dependence on or abuse of alcohol or other addictive
or non-addictive drugs.
(11)
Positive Youth Development. This includes programs that
promote positive youth development by assisting delinquent and other at-risk
youth in obtaining a sense of safety and structure; a sense of belonging and
membership; a sense of self-worth and social contribution; a sense of independence
and control over life; and, a sense of closeness in interpersonal relationships.
(12)
Diversion. This includes programs that encourage the courts
to develop and implement a continuum of post-adjudication restraints that
bridge the gap between traditional probation and confinement in a correctional
setting.
(13)
Language and Other Barriers. This includes programs (including
referral to literacy programs and social service programs) to assist families
with limited English-speaking ability that include delinquent juveniles to
overcome language and other barriers that may prevent the complete treatment
of juveniles and the preservation of their families.
(14)
Hate Crimes. This includes programs designed to prevent
and to reduce hate crimes committed by juveniles.
(15)
After-School Programs. This includes after-school programs
that provide at-risk juveniles and juveniles in the juvenile justice system
with a range of age-appropriate activities, including tutoring, mentoring,
and other educational and enrichment activities.
(16)
Post-Placement Services to Adjudicated Juveniles. This
includes community-based programs that provide follow-up and post-placement
services to adjudicated juveniles, to promote successful reintegration into
the community.
(17)
Protect the Rights of Juveniles. This includes programs
designed to protect the rights of juveniles affected by the juvenile justice
system.
(18)
Mental Health Services for Incarcerated Juveniles. This
includes programs designed to provide mental health services for incarcerated
juveniles suspected to be in need of such services, including assessment,
development of individualized treatment plans, and discharge plans.
§3.211.Ineligible Activities and Costs.
Grantees may not use grant funds to pay for the following services,
activities, and costs:
(1)
construction;
(2)
medical services;
(3)
fundraising activities;
(4)
lobbying activities; and
(5)
any expense or service that is readily available at no
cost to the grant project or that is provided by other federal, state, or
local funds.
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 May 20, 2004.
TRD-200403442
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.301, 3.303, 3.305, 3.313
The amendment and addition of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.303.Project Requirements.
Projects must:
(1)
meet the requirements of §3.53 of this chapter;
(2)
provide juvenile delinquency prevention programs and activities
for youth who have had contact with the juvenile justice system or who are
likely to have contact with the juvenile justice system, including:
(A)
alcohol and substance abuse prevention services;
(B)
tutoring and remedial education;
(C)
child and adolescent health and mental health services;
(D)
recreation services;
(E)
leadership and youth development activities;
(F)
teaching accountability;
(G)
assistance in the development of job training skills; and
(H)
other data-driven evidence based prevention programs.
§3.313.Prevention Policy Board.
Before an applicant may receive the CJD-funded portion of a grant project,
the applicant must have a local prevention policy board that will direct the
project and develop a three-year delinquency prevention plan. The plan serves
as the project narrative and must follow the general format for a project
narrative as outlined in the grant application.
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 May 20, 2004.
TRD-200403447
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.401, §3.403
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.403.Project Requirements.
(a)
Projects must meet the requirements of §3.53 of this
chapter.
(b)
Priority is given to projects that prevent illegal drug
use and violence for:
(1)
children and youth who are not normally served by state
educational agencies or local educational agencies; or
(2)
populations that need special services or additional resources
(such as youth in juvenile detention facilities, runaway or homeless children
and youth, pregnant and parenting teenagers, and school dropouts).
(c)
Special consideration is given to grantees that pursue
a comprehensive and collaborative approach to drug and violence prevention
that includes providing and incorporating mental health services related to
drug and violence prevention in their project.
(d)
Projects must meet the following principles of effectiveness:
(1)
be based on an assessment of objective data regarding the
incidence of violence and illegal drug use in the elementary schools and secondary
schools and communities to be served, including an objective analysis of the
current conditions and consequences regarding violence and illegal drug use,
including delinquency and serious discipline problems among students who attend
such schools (including private school students who participate in the drug
and violence prevention program) that is based on on-going local assessment
or evaluation activities;
(2)
be based on an established set of performance measures
aimed at ensuring that the elementary schools, secondary schools, and communities
to be served by the program have a safe, orderly, and drug-free learning environment;
(3)
be based on scientifically-based research that provides
evidence that the program to be used will reduce violence and illegal drug
use;
(4)
be based on an analysis of the data reasonably available
at the time, of the prevalence of risk factors, including high or increasing
rates of reported cases of child abuse and domestic violence; protective factors,
buffers, assets; or other variables in schools and communities in the State
identified through scientifically-based research; and
(5)
include meaningful and ongoing consultation with and input
from parents in the development of the application and administration of the
program or activity.
(e)
Grant funds can support projects that provide the following
services, activities or costs:
(1)
age appropriate and developmentally based activities that:
(A)
address the consequences of violence and the illegal use
of drugs, as appropriate;
(B)
promote a sense of individual responsibility;
(C)
teach students to recognize social and peer pressure to
use drugs illegally and the skills for resisting illegal drug use;
(D)
engage students in the learning process; and
(E)
incorporate activities in secondary schools that reinforce
prevention activities implemented in elementary schools.
(2)
activities that involve families, community sectors (which
may include appropriately trained seniors), and a variety of drug and violence
prevention providers in setting clear expectations against violence and illegal
use of drugs and appropriate consequences for violence and illegal use of
drugs.
(3)
dissemination of drug and violence prevention information
to schools and the community.
(4)
professional development and training for, and involvement
of, school personnel, pupil services personnel, parents, and interested community
members in prevention, education, early identification and intervention, mentoring,
or rehabilitation referral, as related to drug and violence prevention.
(5)
drug and violence prevention activities that may include
the following:
(A)
community-wide planning and organizing activities to reduce
violence and illegal drug use, which may include gang activity prevention.
(B)
acquiring and installing metal detectors, electronic locks,
surveillance cameras, or other related equipment and technologies.
(C)
reporting criminal offenses committed on school property.
(D)
developing and implementing comprehensive school security
plans or obtaining technical assistance concerning such plans, which may include
obtaining a security assessment or assistance from the School Security and
Technology Resource Center at the Sandia National Laboratory located in Albuquerque,
New Mexico.
(E)
supporting safe zones of passage activities that ensure
that students travel safely to and from school, which may include bicycle
and pedestrian safety programs.
(F)
the hiring and mandatory training, based on scientific
research, of school security personnel (including school resource officers)
who interact with students in support of youth drug and violence prevention
activities under this part that are implemented in the school.
(G)
expanded and improved school-based mental health services
related to illegal drug use and violence, including early identification of
violence and illegal drug use, assessment, and direct or group counseling
services provided to students, parents, families, and school personnel by
qualified school-based mental health service providers.
(H)
conflict resolution programs, including peer mediation
programs that educate and train peer mediators and a designated faculty supervisor,
and youth anti-crime and anti-drug councils and activities.
(I)
alternative education programs or services for violent
or drug abusing students that reduce the need for suspension or expulsion
or that serve students who have been suspended or expelled from the regular
educational settings, including programs or services to assist students to
make continued progress toward meeting the State academic achievement standards
and to reenter the regular education setting.
(J)
counseling, mentoring, referral services, and other student
assistance practices and programs, including assistance provided by qualified
school-based mental health services providers and the training of teachers
by school-based mental health services providers in appropriate identification
and intervention techniques for students at risk of violent behavior and illegal
use of drugs.
(K)
programs that encourage students to seek advice from, and
to confide in, a trusted adult regarding concerns about violence and illegal
drug use.
(L)
drug and violence prevention activities designed to reduce
truancy.
(M)
age-appropriate, developmentally-based violence prevention
and education programs that address victimization associated with prejudice
and intolerance, and that include activities designed to help students develop
a sense of individual responsibility and respect for the rights of others,
and to resolve conflicts without violence.
(N)
consistent with the fourth amendment to the Constitution
of the United States, the testing of a student for illegal drug use or the
inspecting of a student's locker for weapons or illegal drugs or drug paraphernalia,
including at the request of or with the consent of a parent or legal guardian
of the student, if the local educational agency elects to so test or inspect.
(O)
emergency intervention services following traumatic crisis
events, such as a shooting, major accident, or a drug-related incident that
have disrupted the learning environment.
(P)
establishing or implementing a system for transferring
suspension and expulsion records, consistent with §444 of the General
Education Provisions Act, 20 U.S.C. 1232g, by a local educational agency to
any public or private elementary school or secondary school.
(Q)
developing and implementing character education programs,
as a component of drug and violence prevention programs, that take into account
the view of parents of the students for whom the program is intended and such
students.
(R)
establishing and maintaining a school safety hotline.
(S)
community service, including community service performed
by expelled students, and service-learning projects.
(T)
conducting a nationwide background check of each local
educational agency employee, regardless of when hired, and prospective employees
for the purpose of determining whether the employee or prospective employee
has been convicted of a crime that bears upon the employee's fitness to be
responsible for the safety or well-being of children; to serve in the particular
capacity in which the employee or prospective employee is or will be employed;
or to otherwise be employed by the local educational agency.
(U)
programs to train school personnel to identify warning
signs of youth suicide and to create an action plan to help youth at risk
of suicide.
(V)
programs that respond to the needs of students who are
faced with domestic violence or child abuse.
(6)
the evaluation of any of the activities authorized under
this funding source and the collection of objective data used to assess program
needs, program implementation, or program success in achieving program goals
and objectives.
(f)
Projects must not duplicate the efforts of the Texas Education
Agency's Safe and Drug-Free Schools Act program or those of local education
agencies with regard to the provision of school-based drug and violence prevention
activities.
(g)
Projects must undergo a periodic evaluation to assess its
progress toward reducing violence and illegal drug use in schools to be served.
The results shall be used to refine, improve, and strengthen the program,
and to refine the performance measures, and shall also be made available to
the public upon request, with public notice of such availability provided.
Performance measures, described in the Safe and Drug-Free Schools and Communities
Act, §4114(d)(2)(B), consist of:
(1)
performance indicators for drug and violence prevention
programs and activities including:
(A)
specific reductions in the prevalence of identified risk
factors; and
(B)
specific increases in the prevalence of protective factors,
buffers, or assets if any have been identified; and
(2)
levels of performance for each performance indicator.
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 May 20, 2004.
TRD-200403446
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.501, 3.503, 3.505, 3.511
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.511.Ineligible Activities and Costs.
Grantees may not use grant funds to pay for the following services,
activities, and costs:
(1)
lobbying and administrative advocacy;
(2)
perpetrator rehabilitation and counseling or services to
incarcerated individuals;
(3)
needs assessments, surveys, evaluations, and studies;
(4)
prosecution activities;
(5)
fundraising activities;
(6)
reimbursing crime victims for expenses incurred as a result
of the crime;
(7)
Most medical costs. Grantees may not use grant funds for
nursing-home care (except for short-term emergencies), home health-care costs,
in-patient treatment costs, hospital care, and other types of emergency and
non-emergency medical or dental treatment. Grant funds cannot support medical
costs resulting from a victimization, except for forensic medical examinations
for sexual assault victims;
(8)
Relocation expenses. Grant funds cannot support relocation
expenses for crime victims such as moving expenses, security deposits on housing,
rent, and mortgage payments;
(9)
Administrative staff expenses. Grantees may not use grant
funds to pay salaries, fees, and reimbursable expenses associated with administrators,
board members, executive directors, consultants, coordinators, and other individuals
unless the grantees incur the expenses while providing direct services to
crime victims. Grant funds may support administrative time to complete VOCA-required
time and attendance sheets and programmatic documentation, reports, and statistics,
administrative time to maintain crime victims' records, and the prorated share
of audit costs;
(10)
development of protocols, interagency agreements, and
other working agreements;
(11)
costs of sending individual crime victims to conferences;
(12)
activities exclusively related to crime prevention or
community awareness;
(13)
non-emergency legal representation such as for divorces
or civil restitution recovery efforts;
(14)
victim-offender meetings that serve to replace criminal
justice proceedings;
(15)
management and administrative training for executive directors,
board members, and other individuals that do not provide direct services;
(16)
training to persons or groups outside the applicant agency;
however, the grantee may invite staff members from other organizations to
attend training activities held for the grantee's staff if the VOCA-related
project incurs no additional costs;
(17)
indirect organization costs such as the following: liability
insurance on buildings; major maintenance on buildings; capital improvements;
newsletters, including supplies, printing, postage, and staff time; security
guards and body guards; and employment agency fees;
(18)
any activities or related costs for diligent search;
(19)
job skills training;
(20)
alcohol or drug abuse treatment; and
(21)
Property loss. Grant funds may not be used to reimburse
crime victims for expenses incurred as a result of a crime, such as insurance
deductibles, replacement of stolen property, funeral expenses, lost wages,
and medical bills.
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 May 20, 2004.
TRD-200403445
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.601, 3.609, 3.613
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
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 May 20, 2004.
TRD-200403444
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.721, 3.723, 3.725
The amendment and addition of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
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 May 20, 2004.
TRD-200403443
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.801, 3.803, 3.809, 3.811
The amendment and addition of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.811.Ineligible Activities and Costs.
Grantees may not use grant funds to purchase, lease, rent, or acquire
any of the following:
(1)
tanks or armored vehicles;
(2)
fixed-wing aircraft;
(3)
limousines;
(4)
real estate;
(5)
yachts;
(6)
consultants;
(7)
vehicles not primarily used for law enforcement; and
(8)
New construction. However, renovations of facilities are
permitted when specifically approved by the Bureau of Justice Assistance and
the Office of the Comptroller. These costs may not exceed 10% of the total
federal funds utilized in a given purpose area.
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 May 20, 2004.
TRD-200403448
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.901, 3.903, 3.905
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.903.Project Requirements.
(a)
Projects must meet at least one of the eligible purpose
areas established by the federal Violence Against Women Office and codified
at 28 C.F.R. §90.
(b)
In addition to subsection (a) of this section, projects
must address at least one of the following state priorities developed in coordination
with the S.T.O.P. Violence Against Women Planning Council:
(1)
Priorities for Victim Services Projects:
(A)
Provide essential victim services related to family violence,
sexual assault, stalking and dating violence.
(B)
Promote outreach and services into under-served communities
for family violence, sexual assault, stalking and dating violence.
(C)
Provide or improve training for victim advocates.
(D)
Establish or maintain a family violence, sexual assault,
stalking and/or dating violence task force that promotes a coordinated community
response, including multi-jurisdictional efforts.
(2)
Priorities for Law Enforcement Projects:
(A)
Promote or improve training for law enforcement agencies
related to family violence, sexual assault, stalking and dating violence.
(B)
Develop specialized family violence, sexual assault, stalking,
dating violence and/or victim service divisions within law enforcement agencies.
(C)
Collaborate, plan and initiate unified policies among the
different law enforcement and social services agencies for family violence,
sexual assault, stalking and dating violence.
(D)
Establish or maintain a family violence, sexual assault,
stalking and/or dating violence task force which promotes a coordinated community
response, including multi-jurisdictional efforts.
(3)
Priorities for Prosecution Projects:
(A)
Develop specialized family violence, sexual assault, stalking,
dating violence and/or victim service divisions within prosecutors' offices.
(B)
Provide or improve training for prosecution agencies related
to family violence, sexual assault, stalking and dating violence.
(C)
Promote outreach and services into underserved communities
for family violence, sexual assault, stalking and dating violence.
(D)
Establish or maintain a family violence, sexual assault,
stalking and/or dating violence task force that promotes a coordinated community
response, including multi-jurisdictional efforts.
(4)
Priorities for Court Projects:
(A)
Promote or improve training for judges and court personnel
related to family violence, sexual assault, stalking and dating violence.
(B)
Provide specialized courts and/or court services aimed
at family violence, sexual assault, stalking and/or dating violence.
(C)
Provide in-court victims assistance for family violence,
sexual assault, stalking and dating violence victims.
(D)
Promote outreach and services into underserved communities
related to family violence, sexual assault, stalking and dating violence.
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 May 20, 2004.
TRD-200403449
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.1005
The amendment of this rule is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
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 May 20, 2004.
TRD-200403450
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.1101, 3.1103, 3.1111
The amendment and addition of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.1101.Source and Purpose.
(a)
All rules in this division relate to the Residential Substance
Abuse Treatment Grant Program (RSAT). The funding agency for the source of
these federal funds is the U.S. Department of Justice. Grantees must comply
with the applicable grant management standards adopted under §3.19 of
this chapter.
(b)
These federal funds are authorized under the Omnibus Crime
Control and Safe Streets Act of 1968, §1001, as amended, Public Law 90-351,
42 U.S.C. 3796ff et seq.
(c)
The program's purpose is to develop and implement residential
substance abuse treatment projects within state and local correctional facilities
and jail-based substance abuse projects within jails and local correctional
facilities.
§3.1111.Ineligible Activities and Costs.
Grantees may not use grant funds to pay for the following activities
and costs:
(1)
rent or building leases, except for leases of space for
the delivery of treatment services such as offices for counselors and group
events;
(2)
utilities;
(3)
building and lawn maintenance;
(4)
insurance;
(5)
meals and snacks;
(6)
medical and dental care;
(7)
vehicle expenses unless for treatment purposes;
(8)
uniforms for personnel;
(9)
training for continuing education and licensing requirements,
unless this benefit is also provided to all non-RSAT funded personnel;
(10)
administrative costs;
(11)
construction or land acquisition;
(12)
services in a private treatment facility; or
(13)
aftercare services provided after the project participant
is released from the facility.
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 May 20, 2004.
TRD-200403451
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.1201, 3.1203, 3.1205, 3.1211, 3.1213
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.1201.Source and Purpose.
(a)
All rules in this division relate to the Juvenile Accountability
Block Grant Program. The funding agency for the source of these federal funds
is the U.S. Department of Justice. Grantees must comply with the applicable
grant management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the Omnibus Crime
Control and Safe Streets Act of 2002, Public Law 107-273, 42 U.S.C. 3796ee
et seq., as amended. All grants awarded from this fund must comply with the
requirements contained therein.
(c)
The program's purpose is to develop programs that promote
greater accountability in the juvenile justice system.
(d)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations contained in 28 C.F.R. §95, which are hereby adopted by reference.
§3.1211.Waiver of Application.
(a)
Any entity receiving a local allocation may waive their
ability to apply for funds.
(b)
Funds may be waived to CJD or to another larger or neighboring
city, county, or Native American tribe that will still benefit the waiving
entity's area.
(1)
To waive funds to CJD, the entity's governing body must
complete and return to CJD the JABG Waiver of Funds Form provided in the grant
application kit.
(2)
To waive funds to a larger or neighboring city, county,
or Native American tribe, the entity's governing body must complete and forward
the JABG Waiver of Funds Form to the governing body of the city, county, or
Native American tribe intended to receive the funds.
(3)
Failure to complete either a grant application or JABG
Waiver of Funds Form will result in the local allocation reverting back to
CJD.
(c)
Cities, counties, and Native American tribes requesting
funds through the Juvenile Accountability Block Grant program are responsible
for obtaining written authorization from each entity that chooses to waive
an allocation.
(d)
CJD will not award waived funds to a city, county, or Native
American tribe until a signed JABG Waiver of Funds Form is received.
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 May 20, 2004.
TRD-200403452
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.1215
The repeal of this rule is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The repealed rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the repeal of this
rule.
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 May 20, 2004.
TRD-200403453
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.1303
The amendment of this rule is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
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 May 20, 2004.
TRD-200403454
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.1401, 3.1403, 3.1405, 3.1409, 3.1411, 3.1413, 3.1415
The repeal of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The repealed rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the repeal of these
rules.
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 May 20, 2004.
TRD-200403457
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.2007, 3.2009, 3.2013
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
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 May 20, 2004.
TRD-200403460
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.2501, 3.2507, 3.2511, 3.2513, 3.2515, 3.2525, 3.2529
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2525.Evaluating Project Effectiveness.
(a)
CJD grantees must regularly evaluate the effectiveness
of their projects. This includes a reassessment of project activities and
services to determine whether they continue to be effective. Grantees must
show that their activities and services effectively address and achieve the
project's stated purpose. CJD will monitor grantee success through required
progress reports, on-site visits, and desk reviews. Grantees must maintain
information related to project evaluations in the project's files, and that
information must be available for review by CJD.
(b)
Grantees are responsible for managing the day-to-day operations
of grant and subgrant supported activities, including those of their contractors
and subcontractors. Grantee monitoring must cover each program, function and
activity. Grantees must develop, implement, and maintain a standardized monitoring
program to continuously assure grant and subgrant supported activities are
monitored. The monitoring program will include, at a minimum, mechanisms by
which grantees will ensure they are achieving performance goals and receiving
contracted deliverables as specified in agreements and contracts.
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 May 20, 2004.
TRD-200403461
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.2601, §3.2603
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
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 May 20, 2004.
TRD-200403462
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1.
CRIME STOPPERS ADVISORY COUNCIL
1 TAC §3.8105, §3.8115
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.8105.General Powers.
(a)
Pursuant to Chapter 414 of the Texas Government Code, the
council is authorized to:
(1)
certify a crime stoppers organization to receive repayments
of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal
Procedure, or payments from a defendant under Article 42.12 of the Texas Code
of Criminal Procedure;
(2)
decertify an organization, thereby rendering the organization
ineligible to receive such repayments or payments; and
(3)
adopt rules to carry out its function; however, the council
may not adopt rules that conflict with rules relating to grants adopted by
CJD.
(b)
In addition, the council acts in an advisory capacity to
the executive director of CJD, who will relate their recommendations and those
of CJD to the governor as needed.
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 May 20, 2004.
TRD-200403463
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.8205, §3.8215
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
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 May 20, 2004.
TRD-200403464
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.8305, §3.8315
The amendment of these rules is adopted under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
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 May 20, 2004.
TRD-200403465
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.9300
The amendment of this rule is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements §411.0096 of the Texas Government Code,
which provides that the Office of the Governor, Criminal Justice Division
(CJD) and the Texas Department of Safety (DPS) by rule shall adopt a joint
memorandum of understanding on coordinating the drug law enforcement efforts
of DPS and CJD.
No other statutes, articles, or codes are affected by the amendment of
this rule.
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 May 20, 2004.
TRD-200403466
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: April 9, 2004
For further information, please call: (512) 463-1919
Subchapter H. CRIME STOPPERS PROGRAM CERTIFICATION
1.
CRIME STOPPERS PROGRAM CERTIFICATION
1 TAC §§3.9000, 3.9005, 3.9010, 3.9013
The Crime Stoppers Advisory Council ("Council") adopts the
amendment of Subchapter H §§3.9005, and 3.9010; and the addition
of Subchapter H §3.9013, without changes to the proposed text as published
in the March 5, 2004, issue of the
Texas Register
(29 TexReg 2133).
The Crime Stoppers Advisory Council ("Council") adopts the amendment of
Subchapter H §§3.9000, with changes to the proposed text as published
in the March 5, 2004, issue of the
Texas Register
(29 TexReg 2133). The following changes were made to correct typographical
errors in the proposed text: (1) the words "tax exempt" were changed to "tax-exempt"
in paragraph (d)(1); (2) the word "and" was moved from subparagraph (d)(6)(B)
to subparagraph (d)(6)(C); and (3) the word "and" was moved from subparagraph
(e)(5)(B) to subparagraph (e)(5)(C).
The amendment to §3.9000: (1) clarifies that the requirements applicable
to Annual Probation Fee and Repayment Reports are found in §3.9010; and
(2) requires a crime stoppers organization that is currently certified or
whose certification expired within the last 3 years to provide the Council
any Quarterly Statistical Reports that have not been submitted to the Council
in order for the Council to evaluate the general conduct of the organization
when deciding whether to certify the organization.
The amendment to §3.9005 clarifies that: (1) §3.9000(b), which
is referenced in this section, is contained in Chapter 3 of the Texas Administrative
Code; and (2) a crime stoppers organization may be decertified for violating
state law, federal law, or the administrative rules established by the Council
found in Subchapter H.
The amendment to §3.9010: (1) removes the word "postmarked" because
the Annual Probation Fee and Repayment Report may be submitted to the director
of the Council not only by mail, but also by fax, by hand-delivery, or by
electronic mail; and (2) adds the word "calendar" to clarify that the report
must be submitted each calendar year.
The addition of §3.9013 conforms the administrative rules to current
practice by setting forth the requirement that certified crime stoppers organizations
must submit Quarterly Statistical Reports to the director of the Council on
specified dates each calendar year. This requirement allows the Council to
evaluate the general conduct of the organization as part of the Council's
continuing duty to review or audit the organization's finances or programs.
No comments were received regarding the amendments and additions of these
rules.
The amendment of §§3.9000, 3.9005, and 3.9010, and
the addition of §3.9013, are adopted under the Texas Government Code,
Title 4, §414.006, which provides the Council the authority to adopt
rules to carry out its functions.
The amendment of §§3.9000, 3.9005, and 3.9010, and the addition
of §3.9013, implement the Texas Government Code, Title 4, §414.011,
which requires the Council to certify qualified crime stoppers organizations
to receive payments and reward repayments, review or audit the finances or
programs of certified crime stoppers organizations, and decertify crime stoppers
organizations if it determines that the organizations no longer meet the certification
requirements.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.9000.Certification.
(a)
The Crime Stoppers Advisory Council shall, on application
by a crime stoppers organization as defined by §414.001(2) of the Texas
Government Code, determine whether the organization meets the requirements
to be certified to receive repayments of rewards under Articles 37.073 and
42.152 of the Texas Code of Criminal Procedure, or payments from a defendant
under Article 42.12 of the Texas Code of Criminal Procedure.
(b)
The Crime Stoppers Advisory Council shall, in its discretion,
certify a crime stoppers organization to receive those repayments or payments
if, considering the organization, continuity, leadership, community support,
and general conduct of the organization, the Council determines that the repayments
or payments will be spent to further the crime prevention purposes of the
organization.
(c)
Certification is valid for two years from the date of issuance.
If a crime stoppers organization's certification expires, the organization
is not eligible to receive repayments of rewards under Articles 37.073 and
42.152 of the Texas Code of Criminal Procedure, or payments from a defendant
under Article 42.12 of the Texas Code of Criminal Procedure, until the organization
obtains certification. The two-year certification period may be extended under
the following circumstances:
(1)
If an organization's application to renew its certification
is received by the director of the Crime Stoppers Advisory Council before
the two-year certification period expires, the organization's certification
shall continue in effect until the Council makes a decision regarding the
renewal of its certification.
(2)
The chairman of the Crime Stoppers Advisory Council may
extend the two-year certification period for a period of time not to exceed
90 days if:
(A)
one of the following extenuating circumstances occurs before
the two-year certification period expires:
(i)
natural or man-made disaster;
(ii)
serious illness, incapacity, or death of the chairman,
treasurer, or secretary of the organization's board of directors;
(iii)
serious illness, incapacity, or death of one of the organization's
law enforcement/civilian coordinators; or
(iv)
death of a member of the immediate family of one of the
officials listed in clauses (ii) and (iii) of this subparagraph;
(B)
one of the extenuating circumstances listed in subparagraph
(A) of this paragraph has a detrimental effect on the organization's ability
to submit an application for certification before the two-year certification
period expires; and
(C)
the director of the Crime Stoppers Advisory Council receives
the organization's written request to extend the certification period no later
than 20 calendar days after one of the extenuating circumstances listed in
subparagraph (A) of this paragraph occurs.
(d)
A private, nonprofit crime stoppers organization must submit
the following information to the director of the Crime Stoppers Advisory Council
in order to obtain certification:
(1)
Documentation from the Internal Revenue Service granting
the organization tax-exempt status;
(2)
Proof that the following persons completed a training course
provided by CJD and the Crime Stoppers Advisory Council, or their designee,
within the year prior to submission of its application for certification:
(A)
one member of the organization's board of directors, and
(B)
one of the organization's law enforcement/civilian coordinators;
(3)
A completed and signed Conditions of Certification Form;
(4)
The names, addresses and telephone numbers of the members
of the organization's board of directors, and the position held by each member;
(5)
The names, addresses and telephone numbers of the organization's
law enforcement/civilian coordinators; and
(6)
If the organization is currently certified by the Crime
Stoppers Advisory Council or the organization's most recent certification
expired within three years prior to submission of its application for certification,
the organization must submit the following additional information:
(A)
financial statements covering the two-year certification
period on a form prescribed by the Crime Stoppers Advisory Council;
(B)
documentation from the relevant community supervision and
corrections departments stating the amount of probation fees disbursed to
the organization during the two-year certification period;
(C)
any Annual Probation Fee and Repayment Reports that have
not been submitted to the director of the Crime Stoppers Advisory Council
as required by §3.9010 of this chapter; and
(D)
any Quarterly Statistical Reports that have not been submitted
to the director of the Crime Stoppers Advisory Council as required by §3.9013
of this chapter.
(e)
A public crime stoppers organization must submit the following
information to the director of the Crime Stoppers Advisory Council in order
to obtain certification:
(1)
Proof that one of the organization's law enforcement/civilian
coordinators completed a training course provided by CJD and the Crime Stoppers
Advisory Council, or their designee, within the year prior to submission of
its application for certification;
(2)
A completed and signed Conditions of Certification Form;
(3)
The names, addresses and telephone numbers of the members
of the organization's governing board, and the position held by each member;
(4)
The names, addresses and telephone numbers of the organization's
law enforcement/civilian coordinators; and
(5)
If the organization is currently certified by the Crime
Stoppers Advisory Council or the organization's most recent certification
expired within three years prior to submission of its application for certification,
the organization must submit the following additional information:
(A)
financial statements covering the two-year certification
period on a form prescribed by the Crime Stoppers Advisory Council;
(B)
documentation from the relevant community supervision and
corrections departments stating the amount of probation fees disbursed to
the organization during the two-year certification period;
(C)
any Annual Probation Fee and Repayment Reports that have
not been submitted to the director of the Crime Stoppers Advisory Council
as required by §3.9010 of this chapter; and
(D)
any Quarterly Statistical Reports that have not been submitted
to the director of the Crime Stoppers Advisory Council as required by §3.9013
of this chapter.
(f)
Decisions regarding the certification of crime stoppers
organizations shall be made by the Crime Stoppers Advisory Council.
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 May 20, 2004.
TRD-200403437
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: June 9, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 463-1919
Chapter 112.
HUMAN RESOURCES PROGRAM
Subchapter A. EMPLOYEE TRAINING AND DEVELOPMENT PROGRAM
1 TAC §§112.1, 112.3, 112.5, 112.7
The Texas Building and Procurement Commission adopts the
repeal of 1 TAC Chapter 112, Subchapter A, §§112.1, 112.3, 112.5,
and 112.7, concerning the Human Resources Program, as published in the March
12, 2004 edition of the
Texas Register
(29
TexReg 2487). The chapter established agency procedures regarding employee
training and development programs. The repeal of Chapter 112 is necessary
because the agency no long offers the programs as stated in the rules.
The agency no longer offers the training programs as set forth in the repealed
rules.
The discontinued training will be eliminated from the Code and developed
as in-house policy matters.
The comment period ended April 11, 2004. No comments were received.
The repeal is adopted under the authority of the Texas Government
Code, Title D Subtitle 2152, §2152.003.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 112 and Chapter 2152.
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 May 19, 2004.
TRD-200403399
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Effective date: June 8, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 463-4257
Subchapter A. APPLICATION FOR STATE-LEASED OR OWNED FACILITIES
1 TAC §122.2
The Texas Building and Procurement Commission adopts amendments
without changes to Title 1, TAC, Chapter 122 - Facilities Planning, Subchapter
A, §122.2, relating to requests for allocation, relinquishment or modification
of space in state-leased or owned facilities, as published in the March 5,
2004 edition of the
Texas Register
(29 TexReg
2138).
The amendments bring the rule into compliance with HB 3042 amendments to §2165.104
of the Texas Government Code regarding space allocation limitation exceptions
including a requirement for agency certification of funds with each request
for space or building modifications.
The rule will enable the Commission to analyze the specific needs of a
requesting agency and prepare a space allocation that efficiently complies
with the statute and provides the occupying agencies with suitable space to
carry out their statutory mandates. In addition, the rule established that
the Commission makes the final decision on interpretating agency guidelines.
The comment period ended April 4, 2004. No comments were received.
The amendment was made under the authority of the Texas Government
Code, Title 10, Subtitle D, §§2152.003, 2165.102 and 2165.108.
The following code is affected by these rules: Texas Government Code, Title
10, Subtitle D, §§2165, 2166.260, and 2167.
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 May 19, 2004, 2004.
TRD-200403400
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Effective date: June 8, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 463-4257
Chapter 355.
MEDICAID REIMBURSEMENT RATES
Subchapter C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
Subchapter B. GENERAL GRANT PROGRAM POLICIES
2.
GRANT BUDGET REQUIREMENTS
Subchapter C. FUND-SPECIFIC GRANT POLICIES
2.
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND
3.
TITLE V DELINQUENCY PREVENTION ACT FUND
4.
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND
5.
VICTIMS OF CRIME ACT FUND
6.
CRIME STOPPERS ASSISTANCE FUND
7.
BYRNE FORMULA GRANT PROGRAM
8.
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
9.
S.T.O.P. VIOLENCE AGAINST WOMEN ACT FUND
10.
CHALLENGE GRANT PROGRAM
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANT PROGRAM
12.
JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
13.
COVERDELL FORENSIC SCIENCES PROGRAM
14.
RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM
Subchapter D. CONDITIONS OF GRANT FUNDING
Subchapter E. ADMINISTERING GRANTS
Subchapter F. PROGRAM MONITORING AND AUDITS
Subchapter G. CRIMINAL JUSTICE DIVISION ADVISORY BOARDS
2.
GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD
3.
GOVERNOR'S S.T.O.P. VIOLENCE AGAINST WOMEN PLANNING COUNCIL
Subchapter I. MEMORANDUM OF UNDERSTANDING
Chapter 3.
CRIMINAL JUSTICE DIVISION
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 122.
FACILITIES PLANNING
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION