Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. Title 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks Subchapter H. Interim Reimbursement Program 31 TAC sec.sec.334.301, 334.302, 334.304-334.306, 334.308, 334.310, 334.312- 334.316, 334.322 The Texas Water Commission is renewing the effectiveness of the emergency adoption of new and amended sec.sec.334.301, 334.302, 334.304-334.306, 334.308, 334. 310, 334.312-334.316, and 334.322, for a 60-day period effective December 3, 1991. The text of new and amended sec.sec.334.301, 334.302, 334.304-334.306, 334.308, 334.310, 334.312-334.316, and 334.322 were originally published in the August 9, 1991, issue of the Texas Register (16 TexReg 4315). Issued in Austin, Texas, on December 2, 1991. TRD-9115015 John Vay Director, Legal Services Texas Water Commission Effective date: December 3, 1991 Expiration date: February 1, 1992 For further information, please call: (512) 463-8069 31 TAC sec.334.310, sec.334.322 The Texas Water Commission is renewing the effectiveness of the emergency adoption of amended sec.334.310, and sec.334.322, for a 60-day period effective December 3, 1991. The text of amended sec.334.310, and sec.334.322 was originally published in the October 4, 1991, issue of the Texas Register (16 TexReg 5443). Issued in Austin, Texas, on November 22, 1991 TRD-9114713 John Vay Director, Legal Services Texas Water Commission Effective date: December 3, 1991 Expiration date: February 1, 1992 For further information, please call: (512) 463-8069 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control The Texas Youth Commission (TYC) adopts on an emergency basis amendments to sec.sec.91.7, 91.9, 91.11, and 91.69, concerning reclassification consequence; parole revocation consequence; disciplinary transfer/assigned minimum length of stay consequence; and detention. An emergency amendment to sec.91.11, was published in the October 18, 1991, issue of the Texas Register with an expiration date of February 6, 1992. The amendment in that submission is also reflected in this submission. The emergency amendments will allow the commission to make exceptions for good cause to the rules which state that TYC deferred hearing procedures until resolution of planned, pending, or anticipated action by a criminal court when a TYC youth is held for alleged law violation. The emergency adoptions are necessary in order for the commission to proceed with a reclassification or parole revocation hearing of a TYC youth when appropriate and prior to resolution of criminal court action when justified for public protection. Disciplinary Practices 37 TAC sec.sec.91.7, 91.9, 91.11 The amendments are adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the TYC authority to revoke or reconfine a youth. sec.91.7. Reclassification Consequence. (a) (No change.) (b) Rules. (1) Restrictions. (A)-(B) (No change.) (C) A Level I hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned, pending,
    or anticipated by local authorities. Exceptions may be made in writing by the deputy executive director or designee when requested and justified in writing by the staff requesting the hearing. (D)-(E) (No change.) (2)-(3) (No change.) sec.91.9. Parole Revocation Consequence. (a) (No change.) (b) Rules. (1) Restrictions. (A)-(B) (No change.) (C) A Level I hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned, pending,
      or anticipated by local authorities. Exceptions may be made in writing by the deputy executive director or designee when requested and justified in writing by the staff requesting the hearing. (D)-(F) (No change.) (2)-(3) (No change.) sec.91.11. Disciplinary Transfer/Assigned Minimum Length of Stay Consequence. (a) (No change.) (b) Rules. (1) Restrictions. (A)-(B) (No change.) (C) A Level II hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned, pending,
        or anticipated by local authorities. Exceptions may be made in writing by the deputy executive director or designee when requested and justified in writing by the staff requesting the hearing. (D)-(F) (No change.) (2) Criteria. A youth may be transferred or assigned a minimum length of stay if it is found at a Level II hearing that the youth has committed: (A)-(B) (No change.) (C) any major rule violation and has previously been classified for a high risk offense; (D)
          [(C)] any major rule violation causing substantial bodily injury; (E)
            [(D)] the sum of two or more major rule violations within 30 days at the most recent permanent placement and any subsequent temporary placement; or (F)
              [(E)] the sum of three or more major rule violations at the the most recent permanent placement and any subsequent temporary placement. (3)-(4) (No change.) Issued in Austin, Texas, on November 26, 1991 TRD-9114900 Ron Jackson Executive Director Texas Youth Commission Effective date: November 27, 1991 Expiration date: March 26, 1992 For further information, please call: (512) 483-5244 Control 37 TAC sec.91.69 The amendment is adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission authority to revoke or reconfine a youth. sec.91.69. Detention. (a) Policy. The Texas Youth Commission (TYC) may make use of community detention facilities to hold its youth with the consent of local authorities as allowed by the Human Resources Code. TYC will utilize community detention facilities in a manner consistent with local policies. If community detention is not available, a youth may be detained in the security unit of a TYC training school. (b) Rules. (1) Explanation of terms used. (A) Detention hearing-The court hearing required and described in the Texas Family Code to determine whether conditions exist to justify a detention order. (B) Detention review hearing-The TYC hearing required by this policy, held in lieu of a detention hearing for the same purpose. (C) Detention review conference-The meeting with a TYC supervisor requested by the TYC staff responsible for the youth, to justify the need and obtain approval to request detention by the county or the training school. (2) Criteria for detention. (A) A youth may be detained when there is probable cause to believe the youth engaged in delinquent conduct or conduct indicating a need for supervision and one of the following criteria is met: (i) the youth is likely to abscond and not appear at a disciplinary hearing; (ii) suitable supervision, care, or protection for the youth is not being provided by the parent or guardian and a less restrictive temporary shelter is not available or is inappropriate; or (iii) the youth is accused of committing a felony offense and may be dangerous to himself or others if released. (B) Youth are not placed in detention for the purpose of punishment. (3) Community detention. (A) TYC provides detention facilities office and home telephone numbers of staff to contact when TYC youth are detained. (B) Upon notification by detention staff, a TYC staff confirms whether the youth is under TYC authority and notifies the assigned placement facility of the detention, if appropriate, and the regional director of the allegations regarding behavior. (C) If TYC staff receives information that criminal or delinquent proceedings against the youth are planned,
                pending or anticipated by local authorities, TYC shall no longer hold the youth in detention and will cease any plans for a hearing until further notice of deferral to TYC by local authorities. Exceptions may be made in writing by the deputy executive director or designee when requested and justified in writing by the staff requesting the hearing. (D) If the parole officer or other local TYC staff responsible for the youth determines the youth has not committed any offense or is from a facility and local authorities have not ordered the youth's detention, arrangements are made for immediate return to the TYC facility. (E) If the parole officer or other staff determines that there is probable cause to believe that offenses have been committed and that detention is warranted, he holds a detention review conference with the parole supervisor or other TYC program administrator to justify and obtain approval for having the youth held in detention. The conference must be held prior to the first county detention hearing, if any. (F) TYC staff provide necessary documentation to local authorities when requesting the use of detention. (G) TYC staff visit detained students daily where possible. No more than three days may pass without a visit by the staff responsible for the youth. (H) If detention hearings are held by the county, TYC staff participates as requested and no other hearings are required. (I) If, following the detention hearing, further detention is not allowed by the county: (i) the youth is released to a responsible party who will make sure the youth attends the disciplinary hearing; or (ii) detention admission to a training school pending further disposition is requested. (J) If detention hearings are not held by the county, TYC staff hold a detention review hearing (Level IV hearing) for any youth being held. See General Operating Policy (GOP).65.07, sec.91.37 of this title (relating to Level IV Hearing Procedure). The detention review hearing is held on or before the tenth day of detention when a Level I or II hearing cannot be held within ten days and further detention is necessary and appropriate. (4) Training school detention. (A) Detention admission in a training school may be sought only if a local community detention facility is not available. (B) A youth may be detained in a training school for detention for up to 10 days pending a hearing. (i) Extensions beyond 10 days pending a Level I hearing require that a detention review hearing be held on or before the 10th day. See GOP.65.07, sec.91.37. (ii) Extensions beyond 10 days for youth held pending transfer hearing (Level II), require the approval of the executive director or designee but do not require a detention review hearing. (C) Each request for detention admission is authorized by the regional director responsible for the referring program. (D) The regional director obtains approval for the placement from the director of institutions. (E) The referring staff shall electronically enter all required forms prior to transporting the youth. (F) The referring staff is responsible for transporting or arranging transportation of the youth to and from the receiving program. (G) The referring staff is responsible for presenting the following documentation at the time of admission: (i) written statement including purpose of admission supporting documentation, i.e., any incident reports or arrest reports, and expected length of stay; (ii) the medical subfile, if available or copies of medical records; and (iii) any medication the youth is taking. (H) Upon admission the youth's case is assigned to the institutional placement coordinator who is responsible at a minimum for: (i) ensuring that intake information is present; and (ii) seeing the youth at least once each day. Issued in Austin, Texas, on November 26, 1991 TRD-9114902 Ron Jackson Executive Director Texas Youth Commission Effective date: November 27, 1991 Expiration date: March 26, 1992 For further information, please call: (512) 483-5244