For further information, please call: (512) 424-6014

Chapter 87. TREATMENT

Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS

The Texas Youth Commission (the commission) adopts the repeal of §87.75 and new §87.75, concerning program services for offenders with mental retardation, without changes to the proposed text as published in the May 26, 2006, issue of the Texas Register (31 TexReg 4363).

The new rule sets forth the commission's policy regarding specialized treatment services for youth identified as having a "Priority 1" need for mental retardation services. Primarily, this rule effects an operational change whereby the Corsicana Residential Treatment Center no longer operates a dedicated dormitory for housing offenders with mental retardation. The program will operate instead as a plan of service which can be applied anywhere on campus.

No comments were received regarding adoption of the repeal and new rule.

37 TAC §87.75

The repeal is adopted under the Human Resources Code, §61.034, which provides the commission with the authority to make rules appropriate to the accomplishment of its functions.

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 June 29, 2006.

TRD-200603494

For further information, please call: (512) 424-6014

37 TAC §87.75

The new rule is adopted under the Human Resources Code, §61.075, which provides the commission with the authority to order a child's confinement under conditions it believes best designed for the child's welfare and the interests of the public.

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 June 29, 2006.

TRD-200603495

For further information, please call: (512) 424-6014

Chapter 91. PROGRAM SERVICES

Subchapter A. BASIC SERVICES

37 TAC §91.7

The Texas Youth Commission (the commission) adopts an amendment to §91.7, concerning Youth Personal Property, without changes to the proposed text as published in the May 26, 2006, issue of the Texas Register (31 TexReg 4364).

The amended rule includes a reference to a recently adopted rule, §87.4. Section 87.4 addresses certain items youth are allowed to possess as earned privileges, therefore similar content was removed from §91.7.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, §61.034, which provides the commission with the authority to make rules appropriate to the proper accomplishment of its functions.

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 June 29, 2006.

TRD-200603496

For further information, please call: (512) 424-6014

Chapter 95. YOUTH DISCIPLINE

Subchapter A. DISCIPLINARY PRACTICES

37 TAC §95.17

The Texas Youth Commission (the commission) adopts an amendment to §95.17, concerning Behavior Management Program, without changes to the proposed text as published in the May 26, 2006, issue of the Texas Register (31 TexReg 4368).

The amendment adds assault of a staff/volunteer by offensive contact to the list of rule violations which may result in placement in a behavior management program. The amended section is intended to provide for the safety of staff and volunteers, as well as hold youth accountable for high-risk rule violations.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, §61.075, which provides the commission with the authority to order a child’s confinement under conditions it believes best designed for the child’s welfare and the interests of the public.

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 June 29, 2006.

TRD-200603497

For further information, please call: (512) 424-6014

Chapter 99. GENERAL PROVISIONS

The Texas Youth Commission (the commission) adopts the repeal of §99.19, and new §99.19, concerning youth records disposition. The repeal and new rule are adopted without changes to the proposed text as published in the May 26, 2006, issue of the Texas Register (31 TexReg 4368).

The new section changes the retention period for most youth records from 20 to 25 years. Additionally, the new section provides that certain youth education records will be retained permanently, and certain security records are to be destroyed upon the youth's discharge from the commission's custody. The anticipated public benefit as a result of adopting the section is the efficient use of commission resources.

No comments were received regarding adoption of the repeal and new rule.

Subchapter A. YOUTH RECORDS

37 TAC §99.19

The repeal is adopted under Human Resources Code §61.034, which provides the commission with the authority to make rules appropriate to the proper accomplishment of its functions.

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 June 29, 2006.

TRD-200603498