TITLE 37. PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 15. DRIVER LICENSE RULES

Subchapter E. RECIPROCITY IN DRIVER LICENSING

37 TAC §15.92

The Texas Department of Public Safety adopts amendments to §15.92, concerning Reciprocity in Driver Licensing, without changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1048).

Adoption of the amendments to §15.92 are necessary in order to update the list of NATO member countries adhering to the NATO Status of Forces Agreement.

No comments were received regarding adoption of the amendments.

The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §521.005.

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 21, 2007.

TRD-200701967

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: June 10, 2007

Proposal publication date: March 2, 2007

For further information, please call: (512) 424-2135


Part 3. TEXAS YOUTH COMMISSION

Chapter 85. ADMISSION, PLACEMENT, AND PROGRAM COMPLETION

The Texas Youth Commission adopts amendments to §§85.45, 85.55, 85.59, 85.61, and 85.69, concerning program completion, without changes to the proposed text as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2125).

The justification for amending the sections is the expedited release of youth who otherwise qualify for release on parole and the safe operation of TYC residential facilities.

The amended sections reduce the amount of time a youth must remain free of serious rule violations in order to be eligible for release on parole from 90 days to 30 days. Additionally, §85.45 is amended to establish that operational capacity, rather than budgeted capacity, will be used as the basis for determining when an overpopulation condition exists in a high restriction facility.

No comments were received regarding adoption of the amendments.

Subchapter C. MOVEMENT WITHOUT PROGRAM COMPLETION

37 TAC §85.45

The amendment is adopted under the Human Resources Code, §61.081, which provides the commission with the authority to release under supervision any child in its custody and place the child in his or her home or in any situation or family approved by the commission.

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 15, 2007.

TRD-200701866

Jay Kimbrough

Conservator

Texas Youth Commission

Effective date: June 4, 2007

Proposal publication date: April 13, 2007

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


Subchapter D. PROGRAM COMPLETION

37 TAC §§85.55, 85.59, 85.61, 85.69

The amendments are adopted under the Human Resources Code, §61.081, which provides the commission with the authority to release under supervision any child in its custody and place the child in his or her home or in any situation or family approved by the commission.

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 15, 2007.

TRD-200701867

Jay Kimbrough

Conservator

Texas Youth Commission

Effective date: June 4, 2007

Proposal publication date: April 13, 2007

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


Chapter 87. TREATMENT

Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS

37 TAC §87.55

The Texas Youth Commission (commission) adopts an amendment to §87.55, concerning waivers from the requirement to complete certain specialized treatment programs, without changes to the proposed text as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2128).

The justification for amending the section is the establishment of a more efficient process for granting timely waivers when a youth's release would be delayed due to the requirement to complete a specialized treatment program.

The amendment gives the Director of Treatment and Case Management the authority to grant waivers for certain youth who would otherwise be required to complete the chemical dependency treatment program, sexual behavior treatment program, or capital and serious violent offender treatment program in order to qualify for release on parole. This approval was previously shared between the Assistant Deputy Executive Director for Juvenile Corrections and the Assistant Deputy Executive Director for Clinical Services.

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 confine a youth under conditions it believes are best designed for the youth's welfare and §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 May 15, 2007.

TRD-200701868

Jay Kimbrough

Conservator

Texas Youth Commission

Effective date: June 4, 2007

Proposal publication date: April 13, 2007

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


Chapter 93. YOUTH RIGHTS AND REMEDIES

37 TAC §93.33

The Texas Youth Commission (TYC or commission) adopts an amendment to §93.33, concerning investigations of alleged abuse, neglect, or exploitation of youth in TYC, without changes to the proposed text as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2129).

The justification for amending the section is to provide an additional control to ensure investigations are properly closed. The amendment requires that an officially closed report include: (1) the signatures of the supervisor who was responsible for making the final closure determination and the investigator who was the author of the investigation report; and (2) a statement by the supervisor if he/she disagrees with any portion of the report.

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 for the proper accomplishment of its function.

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 15, 2007.

TRD-200701869

Jay Kimbrough

Conservator

Texas Youth Commission

Effective date: June 4, 2007

Proposal publication date: April 13, 2007

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