Part 3. TEXAS YOUTH COMMISSION
Chapter 81. INTERACTION WITH THE PUBLIC
The Texas Youth Commission adopts an amendment to §81.36, concerning notifications to primary and secondary schools, with changes to the proposed text as published in the February 9, 2007, issue of the Texas Register (32 TexReg 509). Paragraphs (2) and (3) in subsection (c) were inadvertently omitted from the original submission and will be added to the proposed text. These paragraphs provide deadlines for notification, as well as a requirement that notification is provided upon the arrest, referral to court, revocation from parole, detention or adjudication/conviction of a youth under the jurisdiction of the commission who is already enrolled in school.
The justification for amending the section is compliance with current law regarding offense-related notices to schools when a youth under the jurisdiction of the commission enrolls in school. The amendment expands the rule to apply to all youth in halfway house placements, and provides clarification regarding the nature, amount, and timing of information provided to school officials.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Code of Criminal Procedure, §15.27, which provides the commission with the authority to submit oral and written notices regarding offense-related information to school officials when a youth in the jurisdiction of the commission enrolls in school.
§81.36.Notification to Public and Private Schools.
(a) Purpose. The purpose of this rule is to provide a procedure for Texas Youth Commission (TYC) staff to notify public and/or private elementary and secondary school officials regarding offense-related information concerning TYC youth in a community placement or on parole.
(b) Explanation of Terms Used. School Officials- For public schools it is the superintendent and the principal of the school/district in which the youth is enrolled; for private schools it is the administrator of the school in which the youth is enrolled.
(c) Notification Requirements.
(1) For youth in a non-secure placement or on TYC parole, TYC staff shall provide the following information, in oral and written form, to school officials:
(A) the offense(s), including dates of action, resulting in commitment to and classification within TYC;
(B) whether or not the youth is a registered sex offender;
(C) any court adjudication/conviction subsequent to commitment to TYC, including the date of the action and the offense/allegation; and
(D) any arrest/detention/referral to court that is still pending final disposition.
(2) TYC staff must provide oral notice no later than 24 hours after enrollment and written notice no later than seven (7) calendar days after enrollment to the school officials of the information listed in paragraph (1) of this subsection.
(3) TYC staff shall notify school officials of any new arrest, referral to court, parole revocation, detention or adjudication/conviction of a youth already enrolled in school. Oral notification shall be provided within 24 hours of TYC staff first becoming aware of the event. Written notification shall be provided within seven (7) days of TYC staff first becoming aware of the event.
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 March 12, 2007.
TRD-200700951
Neil Nichols
General Counsel
Texas Youth Commission
Effective date: April 2, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 424-6014
Subchapter A. BASIC SERVICES
The Texas Youth Commission adopts the repeal of §91.1, concerning daily living, without changes to the proposed text as published in the January 12, 2007, issue of the Texas Register (32 TexReg 159).
The justification for the repeal is the elimination of a duplicative agency rule. During the annual rule review, the commission determined that, while the original reason for adopting this rule continues to exist, the commission has since adopted other rules which more thoroughly address daily programming.
No comments were received regarding adoption of the repeal.
The repeal 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 March 12, 2007.
TRD-200700952
Neil Nichols
General Counsel
Texas Youth Commission
Effective date: April 2, 2007
Proposal publication date: January 12, 2007
For further information, please call: (512) 424-6014
Chapter 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to Title 37, Texas Administrative Code, §215.13, Risk Assessment. This adoption is without changes to the proposed text as published in the January 5, 2007, issue of the Texas Register (32 TexReg 34) and will not be republished.
An adopted amendment to subsection (a)(1 - 3), (b)(1), and (c)(1) is changed to use only the first attempt pass rate as an indicator of at risk status and to increase the first attempt pass rate to 80 percent. Subsection (f) is amended to reflect the effective date for these changes.
The Commission has determined that, for each year of the first five years the section as adopted will be in effect, there will not be fiscal implications to state or local governments as a result of administering the section.
The Commission has determined that, for each year of the first five years the section as adopted will be in effect, there will be no anticipated economic cost to large, small, or micro businesses as a result of the proposed section.
The Commission has determined that, for each year of the first five years the section as adopted will be in effect, there will be a positive benefit to law enforcement contractual training providers. Contractual training providers are required by §215.1 to renew their training contract every two (2) years. Adopted rule changes bring contractual training providers in line with law enforcement academies and academic alternative programs for contract renewals and reduces time manpower required for two-year renewals.
No comments were received.
This section is adopted for amendment under Texas Occupations Code, Chapter 1701, §1701.151, General Powers, which authorized the Commission to promulgate rules for administration of this chapter.
The rule amendment, as adopted, is in compliance with Texas Occupations Code, §1701.254, Risk Assessment and inspections.
No other code, article, or statute is affected by this adoption.
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 March 15, 2007.
TRD-200701036
Timothy Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2007
Proposal publication date: January 5, 2007
For further information, please call: (512) 936-7760
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to Title 37, Texas Administrative Code, §217.7, concerning Reporting the Appointment and Termination of a Licensee. This adoption is without changes to the proposed text as published in the January 5, 2007, issue of the Texas Register (32 TexReg 36) and will not be republished.
An amendment was made by adding language to subsection (g) by providing law enforcement agencies an option not to file a F-5 Report of Separation of Licensee to Commission, if the licensee has filed a grievance with an agency. This would allow all administrative remedies to be exhausted in the event the licensee is awarded full restoration of his time as a law enforcement officer. Subsection (i) is added to reflect the effective date for these changes.
No comments were received.
The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers which authorized the Commission to promulgate rules for administration of this chapter.
The rule amendment as adopted is in compliance with Texas Occupations Code §1701.452, Employment Termination Report.
No other code, article, or statute is affected by this adoption.
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 March 15, 2007.
TRD-200701037
Timothy Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2007
Proposal publication date: January 5, 2007
For further information, please call: (512) 936-7760