Adopted Sections 
 An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice. 
 If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes. 
 
   
  TITLE 16. ECONOMIC REGULATION 
 Part III. Texas Alcoholic Beverage Commission 
  Chapter 35. Enforcement 
  
  Place or Manner 
 
  16 TAC sec.35.31 
 
  The Texas Alcoholic Beverage Commission adopts new sec.35.31, concerning place 
or manner violations in the Texas Alcoholic Beverage Code, with changes to the 
proposed text as published in the October 6, 1992, issue of the Texas Register 
(17 TexReg 6846). 
 The new section will provide notice to licensees and permittees of the specific 
types of offenses which they must prevent to comply with the Texas Alcoholic 
Beverage Code, sec.sec.11.46(a)(8), 11.61(b)(7), 61.47(a)(3) and 61.71(a) (17). 
 The section will be used as an enforcement and compliance tool to help decrease 
the amount of criminal and other illegal activity which may occur on licensed 
premises. 
 Comments to sec.35.31(b) requested the following change: The Texas Restaurant 
Association generally favored passage of the Rule but took exception with the 
wording of sec.35.31(b)(9) and (10) which was described as vague. The 
Association urged that prohibited conduct should be specifically described. The 
Wholesale Beer Distributors Association requested that the rule be clarified as 
to its limited application to distributor licensees. 
 The Agency amended sec.35.31(b) to add paragraph (11) in response to these 
comments. 
 The new section is adopted under Texas Codes Annotated, Subchapter B, sec.5. 
31, which provides the Commission with the authority to adopt rules relating to 
the enforcement and administration of the Texas Alcoholic Beverage Code. 
 
 
  sec.35.31. Offenses Against the General Welfare. 
 
  (a) The terms "permittee," "licensee," "applicant," and "premises" as used in 
this section include the people and organizations as defined in the Texas 
Alcoholic Beverage Code, sec.sec.1.04, 11.45 and 11.61 and the premises as 
defined in the Code, sec.1.04(19) and sec.11.49. 
   
  (b) Any of the following offenses shall be regarded as grounds to suspend, 
cancel, or deny, permits, licenses, or applications for such, under the Texas 
Alcoholic Beverage Code, sec.sec.11.46(a)(8), 11.61(b)(7), 61.42(a)(3), and 
61.71(a)(17), if civil or criminal citations have been issued or arrests have 
been made and if the offense is shown to have been committed on a premise by a 
permittee, licensee, or applicant or by a person permitted to be on the premises 
if the permittee, licensee, or applicant knew or should have known that such 
offense was occurring on the premise and shall be considered offensive to the 
general welfare, health, peace, and safety of the people of the state: 
 
  (1) any preparatory offense included in the Texas Penal Code, sec.sec.15.01, 
15.02, or 15.03; 
   
  (2) any assaultive offense included in the Texas Penal Code, sec.sec.22.1, 
22.11, 22.2, 22.21, 22.3, 22.4, 22.41, 22.5, 22.6, 22.7, or 22.9; 
   
  (3) any theft offense included in the Texas Penal Code, sec.31.1 or sec.31.3; 
   
  (4) any bribery offense included in the Texas Penal Code, sec.sec.36.1, 36.2, 
36.3, 36.4, 36.5, 36.6 or 36.9; 
   
  (5) any obstruction offense included in the Texas Penal Code, sec.sec.38.3, 
38.4, 38.5, 38.17 or 38.18; 
   
  (6) any disorderly conduct offense included in the Texas Penal Code, 
sec.sec.42.1, 42.2, 42.3, 42.4, 42.6, 42.7 or 42.11; 
   
  (7) any weapons offense included in the Texas Penal Code, sec.sec.46.1, 46. 2, 
46.3, 46.5, 46.6, 46.7, 46.9 or 46.10; 
   
  (8) any gambling offense included in the Texas Penal Code, Chapter 47; 
   
  (9) any other offense included in any charter, ordinance, law, or regulation 
of an incorporated municipality, or county in which a premise is located if such 
offense is shown to have occurred on the premise and is detrimental to the 
general welfare, health, peace, and safety of the people; 
   
  (10) any other offense included in any law of the United States or the State 
of Texas that is shown to have occurred on the premise and have a detrimental 
effect on the general welfare, health, peace, and safety of the people. 
   
  (11) offenses occurring under the Texas Alcoholic Beverage Code, sec.61. 
42(a)(3) and sec.61.71(a)(17) do not apply to holders of Distributor's licenses 
issued under this Code. 
     
  (c) The list shown in subsection (b)(1)-(11) is not inclusive of all offenses 
which may be detrimental to the general welfare, health, peace, and safety of 
the people in the State of Texas. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 26, 1993. 
 TRD-9318638 
  Dick Durbin 
 Administrator 
 Texas Alcoholic Beverage Commission 
    Effective date: February 26, 1993 
 Proposal publication date: October 6, 1992 
 For further information, please call: (512) 206-3204 
         
                   
  TITLE 22. EXAMINING BOARDS 
 Part II. State Board of Barber Examiners 
  Chapter 51. Practice and Procedure 
  
  Barber Colleges, Schools, and Students 
 
  22 TAC sec.51.17 
 
  The Board of Barber Examiners adopts an amendment to sec.51.17, concerning 
specialty equipment in barber school or college, without changes to the proposed 
text as published in the November 13, 1992, issue of the Texas Register  (17 
TexReg 7983). 
 The amendment adds needed items to school or college equipment. 
 Students will have the necessary equipment to provide service to the public. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a) , 
which provide the State Board of Examiners with the authority to adopt rules and 
regulations for the transaction of business. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 4, 1993. 
 TRD-9318611 
  Mary Jo King 
 Executive Director 
 State Board of Barber Examiners 
    Effective date: February 26, 1993 
 Proposal publication date: November 13, 1992 
 For further information, please call: (512) 835-2040 
         
               
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part VI. Texas Department of Criminal Justice 
  Chapter 163. Standards 
  
  37 TAC sec.sec.163.3, 163.5, 163.21, 163.23, 163.25, 163.31, 163. 33, 163.35, 
163.37, 163.39, 163.41, 163.43 
 
  The Texas Department of Criminal Justice-Community Justice Assistance Division 
(TDCJ-CJAD) adopts new sec.sec.163.3, 163.5, 163.21, 163.23, 163.25, 163.31, 
163.33, 163.35, 163.37, 163.39, 163.41, and 163.43. Sections 163.21, 163. 25, 
163.31, 163.33, 163.35, 163.37, 163.39, and 163.43 are adopted with changes to 
the proposed text as published in the December 4, 1992, issue of the Texas 
Register (17 TexReg 8401). Sections 163.3, 163.5, 163.23, and 163.41 are being 
adopted without changes and will not be republished. 
 Section 163.3 explains the overall purposes and goals which these standards are 
to achieve. 
 Section 163.5 establishes the manner in which a Community Supervision and 
Corrections Department (CSCD) or other state-aid recipient that is not in 
compliance with TDCJ-CJAD's standards can obtain a waiver from TDCJ-CJAD. 
 Section 163.21 provides certain administrative requisites by which a CSCD must 
operate. This section establishes eligibility criteria for the appointment of a 
director of a CSCD, mandates the development of an administrative manual for all 
departments, requires that a department prepare written job descriptions for all 
positions, requires that departments comply with the Equal Employment 
Opportunity Act, directs that departments provide a Code of Ethics adopted by 
TDCJ-CJAD to every probation officer, requires that departments maintain records 
for statistical purposes and conduct internal audits to ensure compliance with 
standards, provides that departments prepare and operate from an annual budget, 
establishes a procedure by which multi-county jurisdictions can create more than 
one department, requires that departments comply with local, state and federal 
laws and notify offenders and the public that they can direct written complaints 
to TDCJ-CJAD and mandates that departments develop procedures to protect the 
public from unmanageable offenders. TDCJ-CJAD made changes to subsections (a), 
(b), (c), (d), and (h) according to the following: adding a phrase to emphasize 
community justice plan; deleting a phrase which places the responsibility of 
removing offenders from the community on CSCD director, as directors do not have 
the authority to do this; change wording to indicate policies and procedures 
must be available to employees, but the latter does not have to have personal 
copies. Change "shall" to "should" regarding the use of Guidelines for the 
Organization, Management and Operations of CSCDs; add the word ensure, so as not 
to imply CSCD directors must personally complete certain tasks; add the word 
ensure, so as not to imply CSCD directors must personally complete certain 
tasks. 
 Section 163.23 provides the manner in which district judges establish community 
justice councils and community justice task forces and the manner in which TDCJ-
CJAD recognizes said councils and task forces. The new section also lists the 
persons who should be appointed to councils and task forces. Section 163.25 
establishes the manner in which community justice councils develop community 
justice plans and the manner in which district judges approve and submit said 
plans to TDCJ-CJAD. In addition, this section provides that TDCJ-CJAD staff will 
review each plan and that the director of TDCJ-CJAD may conditionally accept 
said plan. TDCJ-CJAD made changes to subsection (a) according to the corrected 
date from 1990 to 1991. 
 Section 163.31 provides that each CSCD will establish certain programs and 
services for offenders. These programs and services will include a continuum of 
sanctions to address the risk and needs of probationers, services to address 
offender risk and needs as identified in a department's community justice plan, 
community service restitution programs, educational skill level screening and 
evaluation services and literacy programs. This section requires that a 
department director work with the local community justice council and on a 
regional basis to identify and develop purposes, functions and services which 
must be made available to offenders, and clearly define referral procedures for 
probationers in the department's manual of policies and procedures. Finally, 
this section requires that all directors of departments ensure that the 
religious freedom of each probationer is fully protected. TDCJ-CJAD made changes 
to subsection (h) by changing "shall" to "may" regarding written agreements for 
literacy programs as not all Independent School Districts will provide this 
service. 
 Section 163.33 establishes the criteria for the employment, training and 
certification of probation officers and residential officers. This section lists 
the eligibility criteria for the appointment of persons as probation officers. 
In addition, this standard provides that the director, all probation officers, 
and all residential officers, of a CSCD must receive not less than 80 hours of 
professional skill-based training during two consecutive fiscal years and that 
all direct care staff of a residential facility must be provided at least 40 
hours of training applicable to their job duties every two consecutive fiscal 
years. Moreover, this section mandates that any probation officer who is first 
employed by a CSCD after September 1, 1987, complete the certification 
coursework and obtain a passing grade on the certification examination within 
one year of the beginning date of employment and any residential probation 
officer hired on or after September 2, 1989, satisfactorily complete the 
certification coursework and examination for residential officers not later than 
the first anniversary of the date on which the officer begins employment with 
the department's residential facility. This section further explains the process 
by which an officer who fails the examination can take the examination again, 
the process by which an officer who is exempt from certification requirements 
can take the examination and the process by which an officer, who fails to 
maintain certification, can be recertified. Finally, this section provides that 
TDCJ-CJAD may suspend or revoke a probation officers's certification and 
withhold funding for cases being supervised by an ineligible probation officer. 
TDCJ-CJAD made changes to subsections (c), (d), and (i) according to the 
following: changed requirement to terminate officers who do not maintain 
certification to the option of moving those persons to positions other than a 
probation officer to allow for local flexibility; changed requirement to 
terminate officers who do not maintain certification to the option of moving 
those persons to positions other than a probation officer to allow for local 
flexibility. Also, throughout this section, the requirement for 80 hours of 
training every two years was changed to 40 hours per fiscal year, with an excess 
of a 20 hour carry over, based upon the recommendation of the Probation Advisory 
Committee; and, deleted for further study and discussion with the Judicial 
Advisory Council. This subsection will be proposed in amended form at a later 
date. 
 Section 163.35 provides standards for the maintenance of caseloads and the 
supervision of probationers. This section defines certain terms relating to 
caseload management and supervision of offenders, explains the four tier 
supervision level, and defines the indirect supervision of cases, and requires 
administrators of a CSCD to assign cases among their officers in such a manner 
to promote public protection and attainment of a 100 point workload. This 
section also requires probation officers who provide direct supervision to 
conduct an orientation session with the offender, complete an assessment on 
every offender, administer a case classification and strategies for case 
supervision interview, develop a case supervision plan within 45 days of intake, 
conduct reassessments on offenders every six months, and make supervision 
contacts with the offender, family, community or other persons. In addition, 
this section requires that probation officers use a problem oriented record 
keeping system on offenders. This section also requires a director of the CSCD 
to develop specific written policies and procedures to administratively handle 
violations of conditions of probation and to ensure notification to other 
jurisdictions when a probationer will be working or residing in that 
jurisdiction temporarily. Finally, this section provides that probation officers 
shall not transport offenders held in a county jail pursuant to an arrest 
warrant. TDCJ-CJAD changed all time-frame references for assessments and plans 
from 30 days to 45 days due to probation officer workloads. In addition, the 
requirement for SCS on misdemeanants was deleted due to probation officer 
workloads. 
 Section 163.37 provides for the development and maintenance of a case record 
management system on offenders. This section explain the circumstances under 
which a presentence investigation (PSIR) report must be prepared in felony and 
misdemeanor cases, the format to be used in preparing PSIRs, and the items to be 
included in the reports. In addition, this section provides that all PSIRs and 
the information obtained in connection with the reports are confidential. 
Moreover, this section requires all directors of CSCDs to have sufficient staff 
and resources to conduct PSIRs and requires that PSIRs shall be maintained in 
the individual offender's case file and forwarded to a county that transfers a 
defendant to the institutional division. This section provides that all PSIRs 
prepared in accordance with this section shall be eligible for state funding. 
Finally, this section provides that directors of CSCDs shall utilize uniform 
transfer procedures as provided by and approved by TDCJ-CJAD. TDCJ-CJAD made 
changes to subsections (a) and (c) according to the following: the sentence, all 
case records shall contain a written criminal history or summary issued by a law 
enforcement agency, unless it is already included in the PSI in the case file, 
was added to clarify when criminal histories must be added to case files; and 
the requirement to complete presentence investigations before the assessment of 
punishment was deleted as statute reflects before sentencing. 
 Section 163.39 establishes standards for the administration and operation of 
residential programs and facilities. This section identifies the type of 
facilities which the state may fund and the purposes for which these facilities 
are to be established. The section also identifies the target population to be 
served, the eligibility criteria for offender placement and procedure for 
denying admission for inappropriate offenders. In addition, this section 
examines the criteria for participation in a residential facility and requires 
that supervision of and services for residents be conducted in accordance with 
policies and procedures contained in the facility's operations manual. Moreover, 
this section requires that a public hearing be conducted prior to the 
establishment of a community corrections facility, that a community corrections 
facility comply with local and state safety, health and sanitation codes and 
ordinances, and that the facility operate at a minimum 90% capacity. This 
section further requires an agency operating or utilizing a residential facility 
to submit on a timely basis data as required by TDCJ- CJAD, provide training to 
all staff who work in a community corrections facility or county correctional 
center, and comply with certain financial management and fiscal accounting 
practices and procedures. Finally, this section provides that community 
supervision and corrections departments, counties and municipalities are 
eligible to receive funding from TDCJ-CJAD for residential services. 
 Section 163.41 provides certain standards involving medical and psychological 
issues. This section requires a director of community supervision and 
corrections department to develop and implement policies relevant to the Human 
Immunodeficiency Virus (HIV). Moreover, this section requires all employees of a 
community supervision and corrections department to attend a HIV-AIDS training 
program. In addition, this section provides that information regarding HIV-AIDS 
testing and results is strictly confidential. Finally, this section provides for 
the manner in which a department must maintain files containing medical and 
psychological information. 
 Section 163.43 establishes standards for the qualification to receive of state 
funding, for the expenditure of state monies, and for the financial management 
and accounting practices of departments. This section specifies the manner in 
which departments, counties, municipalities and non-profit organizations can 
qualify for grant funding. In addition, this section describes the manner in 
which state-aid is allocated to departments and grant funding is allocated to 
departments, counties, municipalities and non-profit organizations. This section 
further describes the manner in which funds and fees are deposited into local 
accounts, the manner in which funds are disbursed and distributed, the manner in 
which funds are used for residential programs and facilities, and the 
restrictions placed on the expenditure of state funds. Also, this section 
requires that TDCJ-CJAD be provided with certain data and information, that 
financial records be made available to TDCJ-CJAD, and that departments prepare 
and operate within budget guidelines and comply with all funding provisions as 
set forth in the Financial Management Manual for TDCJ-CJAD funding. This section 
provides for the manner in which TDCJ-CJAD determines and recovers unexpended 
monies, departments invest idle funds and TDCJ-CJAD may refuse or suspend state 
funding. This section also requires counties to provide facilities, equipment 
and utilities for a CSCD, authorizes departments to annually contract with 
counties for auditing and bookkeeping services and describes the manner in which 
a department can certify the use of judicial district funds for the expansion of 
department operations. Finally, this section requires certain employees of CSCDs 
to post honesty bonds, requires departments to reimburse employees for the use 
of personal automobiles on official business, and to require employees to 
maintain automobile liability insurance coverage on their personal automobiles, 
and authorizes departments to use judicial district funds to pay for the expense 
of training for employees. TDCJ-CJAD made changes to expand the time frames for 
certification requirements for facilities and leases when the information does 
not change on a yearly basis to avoid duplication of effort. Changes were also 
made to subsection (b)(19) according to the following: deleted for further study 
and discussion with the Judicial Advisory Council. This paragraph will be 
proposed in amended form at a later date. 
 Section 163.3 explains the overall purposes and goals which these standards are 
to achieve. 
 Section 163.5 establishes the manner in which a Community Supervision and 
Corrections Department (CSCD) or other state-aid recipient that is not in 
compliance with TDCJ-CJAD's standards can obtain a waiver from TDCJ-CJAD. 
 Section 163.21 provides certain administrative requisites by which a CSCD must 
operate. This section establishes eligibility criteria for the appointment of a 
director of a CSCD, mandates the development of an administrative manual for all 
departments, requires that a department prepare written job descriptions for all 
positions, requires that departments comply with the Equal Employment 
Opportunity Act, directs that departments provide a Code of Ethics adopted by 
TDCJ-CJAD to every probation officer, requires that departments maintain records 
for statistical purposes and conduct internal audits to ensure compliance with 
standards, provides that departments prepare and operate from an annual budget, 
establishes a procedure by which multi-county jurisdictions can create more than 
one department, requires that departments comply with local, state, and federal 
laws and notify offenders and the public that they can direct written complaints 
to TDCJ-CJAD and mandates that departments develop procedures to protect the 
public from unmanageable offenders. 
 Section 163.23 provides the manner in which district judges establish community 
justice councils and community justice task forces and the manner in which TDCJ-
CJAD recognizes said councils and task forces. The section also lists the 
persons who should be appointed to councils and task forces. 
 Section 163.25 establishes the manner in which community justice councils 
develop community justice plans and the manner in which district judges approve 
and submit said plans to TDCJ-CJAD. In addition, this section provides that 
TDCJ-CJAD staff will review each plan and that the director of TDCJ-CJAD may 
conditionally accept said plan. 
 Section 163.31 provides that each CSCD will establish certain programs and 
services for offenders. These programs and services will include a continuum of 
sanctions to address the risk and needs of probationers, services to address 
offender risk and needs as identified in a department's community justice plan, 
community service restitution programs, educational skill level screening and 
evaluation services and literacy programs. This section requires that a 
department director work with the local community justice council and on a 
regional basis to identify and develop purposes, functions, and services which 
must be made available to offenders, and clearly define referral procedures for 
probationers in the department's manual of policies and procedures. Finally, 
this section requires that all directors of departments ensure that the 
religious freedom of each probationer is fully protected. 
 Section 163.33 establishes the criteria for the employment, training and 
certification of probation officers and residential officers. This section lists 
the eligibility criteria for the appointment of persons as probation officers. 
In addition, this standard provides that the director, all probation officers, 
and all residential officers, of a CSCD must receive not less than 80 hours of 
professional skill-based training during two consecutive fiscal ears and that 
all direct care staff of a residential facility must be provided at least 40 
hours of training applicable to their job duties every two consecutive fiscal 
years. Moreover, this section mandates that any probation officer who is first 
employed by a CSCD after September 1, 1987, complete the certification 
coursework and obtain a passing grade on the certification examination within 
one year of the beginning date of employment and any residential probation 
officer hired on or after September 2, 1989, satisfactorily complete the 
certification coursework and examination for residential officers not later than 
the first anniversary of the date on which the officer begins employment with 
the department's residential facility. This section further explains the process 
by which an officer who fails the examination can take the examination again, 
the process by which an officer who is exempt from certification requirements 
can take the examination and the process by which an officer, who fails to 
maintain certification, can be recertified. Finally, this section provides that 
TDCJ-CJAD may suspend or revoke a probation officers's certification and 
withhold funding for cases being supervised by an ineligible probation officer. 
 Section 163.35 provides standards for the maintenance of caseloads and the 
supervision of probationers. This section defines certain terms relating to 
caseload management and supervision of offenders, explains the four tier 
supervision level, and defines the indirect supervision of cases, and requires 
administrators of a CSCD to assign cases among their officers in such a manner 
to promote public protection and attainment of a 100 point workload. This 
section also requires probation officers who provide direct supervision to 
conduct an orientation session with the offender, complete an assessment on 
every offender, administer a case classification and strategies for case 
supervision interview, develop a case supervision plan within 45 days of intake, 
conduct reassessments on offenders every six months, and make supervision 
contacts with the offender, family, community or other persons. In addition, 
this section requires that probation officers use a problem oriented record 
keeping system on offenders. This section also requires a director of the CSCD 
to develop specific written policies and procedures to administratively handle 
violations of conditions of probation and to ensure notification to other 
jurisdictions when a probationer will be working or residing in that 
jurisdiction temporarily. Finally, this section provides that probation officers 
shall not transport offenders held in a county jail pursuant to an arrest 
warrant. 
 Section 163.37 provides for the development and maintenance of a case record 
management system on offenders. This section explains the circumstances under 
which a PSIR must be prepared in felony and misdemeanor cases, the format to be 
used in preparing PSIRs, and the items to be included in the reports. In 
addition, this section provides that all PSIRs and the information obtained in 
connection with the reports are confidential. Moreover, this section requires 
all directors of CSCDs to have sufficient staff and resources to conduct PSIRs 
and requires that PSIRs shall be maintained in the individual offender's case 
file and forwarded to a county that transfers a defendant to the institutional 
division. This section provides that all PSIRs prepared in accordance with this 
section shall be eligible for state funding. Finally, this section provides that 
directors of CSCDs shall utilize uniform transfer procedures as provided by and 
approved by TDCJ-CJAD. 
 Section 163.39 establishes standards for the administration and operation of 
residential programs and facilities. This section identifies the type of 
facilities which the state may fund and the purposes for which these facilities 
are to be established. The section also identifies the target population to be 
served, the eligibility criteria for offender placement and procedure for 
denying admission for inappropriate offenders. In addition, this section 
examines the criteria for participation in a residential facility and requires 
that supervision of and services for residents be conducted in accordance with 
policies and procedures contained in the facility's operations manual. Moreover, 
this section requires that a public hearing be conducted prior to the 
establishment of a community corrections facility, that a community corrections 
facility comply with local and state safety, health, and sanitation codes and 
ordinances, and that the facility operate at a minimum 90% capacity. This 
section further requires an agency operating or utilizing a residential facility 
to submit on a timely basis data as required by TDCJ- CJAD, provide training to 
all staff who work in a community corrections facility or county correctional 
center, and comply with certain financial management and fiscal accounting 
practices and procedures. Finally, this section provides that CSCDs, counties 
and municipalities are eligible to receive funding from TDCJ-CJAD for 
residential services. 
 Section 163.41 provides certain standards involving medical and psychological 
issues. This section requires a director of CSCD to develop and implement 
policies relevant to the Human Immunodeficiency Virus (HIV). Moreover, this 
section requires all employees of a CSCD to attend a HIV-AIDS training program. 
In addition, this section provides that information regarding HIV-AIDS testing 
and results is strictly confidential. Finally, this section provides for the 
manner in which a department must maintain files containing medical and 
psychological information. 
 Section 163.43 establishes standards for the qualification to receive of state 
funding, for the expenditure of state monies, and for the financial management 
and accounting practices of departments. This section specifies the manner in 
which departments, counties, municipalities and non-profit organizations can 
qualify for grant funding. In addition, this section describes the manner in 
which state-aid is allocated to departments and grant funding is allocated to 
departments, counties, municipalities and non-profit organizations. This section 
further describes the manner in which funds and fees are deposited into local 
accounts, the manner in which funds are disbursed and distributed, the manner in 
which funds are used for residential programs and facilities, and the 
restrictions placed on the expenditure of state funds. Also, this section 
requires that TDCJ-CJAD be provided with certain data and information, that 
financial records be made available to TDCJ-CJAD, and that departments prepare 
and operate within budget guidelines and comply with all funding provisions as 
set forth in the Financial Management Manual for TDCJ-CJAD funding. This section 
provides for the manner in which TDCJ-CJAD determines and recovers unexpended 
monies, departments invest idle funds and TDCJ-CJAD may refuse or suspend state 
funding. This section also requires counties to provide facilities, equipment 
and utilities for a CSCD, authorizes departments to annually contract with 
counties for auditing and bookkeeping services and describes the manner in which 
a department can certify the use of judicial district funds for the expansion of 
department operations. Finally, this section requires certain employees of CSCDs 
to post honesty bonds, requires departments to reimburse employees for the use 
of personal automobiles on official business, and to require employees to 
maintain automobile liability insurance coverage on their personal automobiles, 
and authorizes departments to use judicial district funds to pay for the expense 
of training for employees. 
 The agency received no comments concerning sec.163.3. 
 The agency received the following comments concerning sec.163.5: suggestion to 
have waiver process include field representatives in CJAD's administrative 
procedures; suggestion that administrative process be specified in the 
standards. 
 The agency received the following comments concerning sec.163.21: suggestion to 
place more emphasis on the community justice plan as it relates to deployment of 
staff; deletion of reference to CSCD director as having the responsibility for 
removing an offender from the community; clarification as to whether or not all 
CSCDs must have a personal copy of written policies and procedures versus simple 
access to them; clarification of a CSCD director's personal responsibility to do 
certain tasks versus the responsibility to ensure those tasks are done; 
suggestion that it not be mandatory for the CJAD director to be notified of 
appointment of new CSCD directors; opposition to CSCD posting a complaint notice 
referencing CJAD. 
 The agency received the following comment concerning sec.163.23: deletion of 
the entire section as it is in the statute. 
 The agency received the following comments concerning sec.163.25: deletion of 
the entire section as it is in the statute; comment noting erroneous date to be 
corrected. 
 The agency received the following comments concerning sec.163.31: clarification 
of a CSCD director's personal responsibility to do certain tasks versus the 
responsibility to ensure those tasks are done; concern about the requirement to 
maintain written agreements with schools to provide literacy programs for 
probationers as some Independent School Districts refuse to participate; 
opposition to written agreements for Community Supervision Restitution (CSR) and 
work probation. 
 The agency received the following comments concerning sec.163.33: one comment 
in opposition to excluding persons currently on probation or parole from serving 
as probation officers; opposition to training hour requirements for probation 
officers; preference for training hours to remain at 40 hours per fiscal year 
rather than 80 hours every two years; wanting the ability to retain on staff, in 
another staff capacity, those probation officers who fail to maintain their 
certification status; suggestion that TDCJ pay for all probation officer 
training; suggestion to add criteria that probation officers must never have 
been convicted of a felony. 
 The agency received the following comments concerning sec.163.35: concern about 
requirement of completing Strategies for Case Supervision (SCS) on misdemeanor 
offenders; concern about the definition of Level I supervision; concern about 
CSCD's ability to achieve the four tier supervision system; suggestions to 
change time frames for supervision plans, case classification and SCS from 30 to 
45 days; suggestion that courtesy supervision specify all assessments to be 
completed before the transfer of case(s); clarification of time frames for 
courtesy supervision; opposed to mandated assessments of offenders. 
 The agency received the following comments concerning sec.163.37: clarification 
on requirement of criminal history in case file; concerns of mandating 
completion of PSIRs prior to assessment of punishment; opposition of requiring 
PSIs on misdemeanants; opposition to providing the Institutional Division (ID) 
with information on revoked probationers as outlined in Article 42.09, sec.8(c) 
and prefers that ID have to make an individual request on each of those cases. 
 The agency received the following comments concerning sec.163.39: clarification 
on definition of direct case staff; clarification on the process of removing 
offenders from residential facilities; opposition to training requirements for 
residential staff; opposition to specifying target populations for residential 
programs. 
 The agency received the following comments concerning sec.163.41: clarification 
on training requirements for HIV; opposition to keep medical files separate from 
supervision files. 
 The agency received the following comments concerning sec.163.43: suggestion to 
extend time frames for certification periods for leases and utilities; 
clarification of the word "monies"; eliminate wording under minimum equipment 
for CSCDs; suggestion to incorporate deleted portions of current fiscal 
standards into the Financial Management Manual. 
 Twelve comments were received opposed to the use of the word "shall" anywhere 
in the rules and were generally opposed to all CJAD standards. 
 Commenting in favor of the sections was Walker County CSCD. 
 Commenting against the sections were Cass County Residential Center, Brazoria 
County CSCD, Travis County CSCD, 155th Judicial District CSCD, Tarrant County 
CSCD, Hutchinson County CSCD, Kaufman County CSCD, Rockwall County CSCD, Permian 
Basin CSCD, Taylor County CSCD, Rusk County CSCD, Hunt County CSCD, Potter 
County CSCD, Panola County CSCD, and Van Zandt County CSCD. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.5 because 
it is not feasible to have non-agency staff involved in the daily administrative 
process of the agency. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.21 because 
the statute mandates that CJAD be advised as to the name of the CSCD director. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.23 because 
the majority of the field wanted to retain the statutory references in the 
standards. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.25 because 
the majority of the field wanted to retain the statutory references in the 
standards. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.31 because 
CJAD wanted to maintain written agreements for CSR and work probation due to 
liability issues for CSCDs and CJAD. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.33 because 
only one comment was received in opposition to this addition to eligibility 
criteria. Strong support from the field to include the additional criterion. 
TDCJ-CJAD does not agree with the suggestion that TDCJ pay for all probation 
officer training as CSCDs currently receive state-aid for that item. Achievement 
of four tier system is still being addressed and can be handled through the 
waiver process when necessary. TDCJ-CJAD declines to specify mandating more 
restrictions on courtesy supervision as CSCDs have the option of rejecting those 
cases. TDCJ-CJAD continues to support various assessments of probationers as 
they enhance supervision. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.37 because 
CJAD opposes requiring the Institutional Division to provide individual requests 
for information on all revoked probationers due to the necessity of that 
information on all such offenders and due to statutory mandates (Article 42.09, 
sec.8(c)). 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.39 because 
it is necessary to maintain the need for training requirements of residential 
staff to enhance supervision of probationers in residential facilities; maintain 
target population for specific residential programs as those programs are 
designated to address specific populations with specific problems areas. 
 TDCJ-CJAD does not agree with the comments made referencing sec.163.41 because 
there is the necessity to maintain separation of medical and case file 
information due to legal requirements. Clarification on the methods to do so 
will be issued to the field. 
 Twelve responses received objected to all proposed standards stating their 
preference to substitute an earlier proposal reviewed by CJAD and the Judicial 
Advisory Council. Reasons for not accepting that proposal include that it lacked 
any fiscal standards and presented accountability concerns on the part of the 
TDCJ-CJAD and the CSCDs, as well as lacking any enforcement capability by CJAD. 
 The new sections are adopted under the Government Code,  sec.493.003(a) and the 
Code of Criminal Procedures, Article 42.13, sec.2(a) and sec.3(a), which 
provides TDCJ-CJAD with the authority to: fund programs, facilities and services 
for community supervision and corrections departments; establish minimum 
standards for programs, facilities, equipment and other aspects of the operation 
of departments; establish an application process and procedures for funding 
community corrections facilities; establish a format for community justice 
plans; and to require community supervision and corrections departments to: keep 
financial and statistical records; submit a community justice plan; and submit 
periodic financial audits and statistical reports to TDCJ-CJAD. 
 
 
  sec.163.21. Administration. 
 
  (a) Community supervision and corrections department (CSCD) director. The 
judge or judges shall appoint a CSCD director, who shall meet, at a minimum, the 
same eligibility criteria as a probation officer as cited in Article 42.131, 
sec.5 of the Texas Code of Criminal Procedure and sec.163.33 of this title 
(relating to Probation Officers). It is the responsibility of the CSCD Director 
to apply state, local and other available resources to employ a sufficient 
number of officers and other employees to perform the professional and clerical 
work of the department as required by law, Community Justice Assistance Division 
(CJAD) standards and local community corrections needs as identified in the 
local community justice plan. The CJAD director is to be notified by the 
Administrative Judge of the appointment of a CSCD director, and shall be 
responsible for providing the director with copies of the standards and other 
appropriate information within 30 days of notification. 
   
  (b) Public protection. CSCD directors shall provide opportunities for risk 
control management and rehabilitation of offenders. 
   
  (c) Administrative manual. CSCD directors shall be responsible for the 
development of an administrative manual defining general purposes and functional 
objectives, incorporating all written policies and procedures, assuring that 
they are made available to all staff members. These policies and procedures 
should include, at a minimum, the guidelines as noted in Guidelines for the 
Organization, Management, and Operation of Local CSCDs, as amended, and CJAD 
policy statements. The policies and procedures shall be reviewed by the CSCD 
director periodically and revised as necessary. The CSCD director shall provide 
the CJAD director with a copy of the CSCD's administrative manual for review at 
least every two years or as requested. 
   
  (d) Job description. CSCD directors shall have written job descriptions for 
all positions. The CSCD director shall ensure that job descriptions are reviewed 
periodically and revised as necessary. 
   
  (e) Equal employment opportunity. CSCD directors shall comply with the Equal 
Employment Opportunity Act. 
   
  (f) Ethics. CSCD directors shall provide each probation officer with a copy of 
the Code of Ethics adopted by the CJAD and a copy of the procedure developed by 
the CSCD director to be used in reviewing and investigating any alleged 
violation. 
   
  (g) Internal audits. CSCDs shall have a designated procedure to monitor the 
skill levels and training needs of individual staff members and develop a plan 
for meeting those needs. Internal audits shall be conducted of direct 
supervision cases to check for standards compliance, for utilization of case 
classification, and for supervision planning. 
   
  (h) Records. CSCD directors shall ensure that program records and statistical 
data consistent with the requirements of the law and CJAD standards are 
maintained and provided to CJAD as required. 
   
  (i) Budget. The CSCD director shall prepare and operate from an annual budget 
in a manner consistent with good accounting practices and approved by the 
judge(s) of their judicial district. The budget shall be submitted to the CJAD 
director in a format as required and within the provisions as outlined in 
sec.163.43 of this title (relating to Funding and Financial Management). 
   
  (j) Multi-department districts. 
 
  (1) Judicial districts composed of more than one county may apply to the CJAD 
Director for authorization to establish more than one CSCD within that judicial 
district. The application submitted by the judge(s) shall explain how the 
creation of more than one department will promote: 
 
  (A) administrative convenience; 
   
  (B) economy; or 
   
  (C) improved community supervision and corrections services, and other 
reasons, if any. 
     
  (2) The application shall indicate the financial impact and the approval of 
the judges in the judicial district or districts hearing criminal cases affected 
by the change. 
     
  (k) Complaint notice. Each recipient of CJAD funding shall post in a 
conspicuous public area of each of its offices a sign notifying offenders and 
members of the public that they can direct written complaints to the CJAD. The 
sign shall include the CJAD's mailing address. 
   
  (l) Compliance with statutes. CSCD directors shall ensure that all CSCD 
operations comply with all local, state, and federal laws. 
 
     
  sec.163.25. Community Justice Plan. 
 
  (a) Purpose. In accordance with Texas Code of Criminal Procedure, beginning 
September 1, 1991, in order for a jurisdiction to receive any state aid, a plan 
and supporting documentation must be submitted to, and determined acceptable by, 
the Community Justice Assistance Division (CJAD). The plan and supporting 
documentation shall include, but not be limited to: 
 
  (1) a description as to how the current and proposed community based 
correctional programs will achieve a targeted level of intermediate sanctions; 
and 
   
  (2) a comprehensive description as to how CJAD resources for community 
corrections programs, including revenues of the Community Supervision and 
Corrections Department (CSCD), will be effectively used. 
     
  (b) Development. All community justice plans must be approved by the district 
judge(s) who manage the department. Unless otherwise specified by the district 
judge(s), the CSCD director or designee shall serve as the primary manager of 
the planning process, coordinating council activities, data collection, plan 
composition, program prioritization and plan drafting and submission. The 
community justice council shall provide direction for the development of the 
community justice plan. The council, after judicial approval, shall submit the 
plan to the CJAD director. 
   
  (c) Format. The community justice plan and supporting documentation must 
include all items required by law and guidelines published by the CJAD. The plan 
shall demonstrate an effective planning process which results in strategies to 
achieve the targeted level of alternative sanctions other than jail and prison. 
A format outline shall be provided by the CJAD director. 
   
  (d) Policies and procedures. Each council shall provide continuing policy 
guidance for the development of the plans, community corrections facilities and 
programs. Procedures should also outline how action will be taken and what 
recommendations will be made for funding these proposals. The recommendations of 
the local council, with approval of the district judge(s), will then be 
submitted to the CJAD director for review and acceptance of the plan. 
   
  (e) Plan submission. After the district judge managing the department has 
approved the community justice plan, the council shall submit the plan to the 
CJAD director in accordance with CJAD submission requirements distributed to the 
CSCDs. 
   
  (f) Review and acceptance. 
 
  (1) Each plan will be reviewed by the CJAD staff to determine if it presents a 
comprehensive description of how each jurisdiction will achieve the intent of 
the Texas Code of Criminal Procedure. 
   
  (2) The CJAD director may conditionally accept plans that meet established 
review criteria. Final acceptance, for purposes of state aid eligibility under 
subsection (a) of this section, may be conditioned upon review and evaluation by 
the CJAD staff and the Judicial Advisory Council of the plan and all supporting 
documentation, as well as any grant-in-aid applications submitted by the 
jurisdiction pursuant to this subchapter. 
 
       
  sec.163.31. Programs and Services. 
 
  (a) Continuum of sanctions. All Community Supervision and Corrections 
Department (CSCD) directors shall ensure the development and implementation of a 
continuum of sanctions to address the risk and needs of probationers in their 
jurisdictions and to provide alternatives to incarceration for offenders. The 
continuum shall be based upon the offender populations, risks and needs as 
addressed in the CSCD's community justice plan. 
   
  (b) Local/regional planning. CSCD directors shall work with the local 
community justice council in identifying and developing programs and services to 
meet the needs of the local offender population. CSCD directors participating in 
regional programs and service; shall work with the directors of CSCDs impacted 
by those regional efforts in the planning, development, and implementation of 
regional programs/services to address offender needs. Regional programs/services 
shall be designed to address regional needs as identified in each jurisdiction's 
community justice plan and as the more efficient economical response to specific 
offender issues for each of the participating jurisdictions. 
   
  (c) Information for offenders. CSCD directors shall ensure the development of 
written information describing purposes, functions and services which shall be 
made available to offenders under supervision. 
   
  (d)  Services for offenders. Services shall be designed to address offender 
risk and needs as identified in the CSCD's community justice plan. Participation 
by the offenders may be ordered as a condition of probation or term of release; 
however, efforts shall be made to present the services at a time, place, and in 
a manner which assists successful adjustment. 
   
  (e)  Referral procedures. Referral procedures shall be clearly defined in the 
CSCD's manual of policies and procedures in order to efficiently and effectively 
refer probationers to needed programs and services. 
   
  (f)  Community service restitution (CSR). CSCD directors shall maintain 
written agreements with governmental and/or non-profit agencies and 
organizations to provide offenders opportunities to comply with court-ordered 
community service restitution and work probation programs according to the Texas 
Code of Criminal Procedure. The agreements shall specify the types of 
opportunities each agency/organization will be able to provide offenders. The 
CSCD directors shall have written policies and procedures specifying how CSR 
referrals are made, how offender CSR hours are documented and how those hours 
will be monitored. 
   
  (g) Educational skill level. The CSCD director shall ensure that all persons 
placed on probation shall be screened to determine if they: 
 
  (1) possess educational skills equal to or greater than the sixth grade level; 
and 
   
  (2) possess the intellectual capacity or learning ability to achieve the sixth 
grade skills level. Programs which assist persons in attaining the educational 
skill level of sixth grade and above shall be developed and/or made available to 
the courts for probationer referral. 
     
  (h) Literacy. CSCD directors may maintain written agreements with schools and 
volunteer organizations to provide tutoring to teach reading to functionally 
illiterate probationers. Those agreements shall specify what the CSCD, schools 
and volunteers will provide in delivering the services, how probationers in need 
of the services will be identified and referred, what specific services will be 
provided and how offender progress will be monitored. Such agreements are not 
necessary where the CSCD operates its own literacy program as the CSCD shall 
specify those same issues in its policies and procedures for its literacy 
program. 
   
  (i) Religious freedom. All CSCD directors shall ensure that no person being 
supervised by, or receiving services from, the CSCD will be required to 
participate in any religious activity or religious function unless the offender 
voluntarily signs a consent form to participate. 
 
     
  sec.163.33. Probation Officers. 
 
  (a) Eligibility. To be eligible for appointment as probation officer who 
supervises probationers a person: 
 
  (1) must have acquired a bachelor's degree conferred by an institution of 
higher education accredited by an accrediting organization recognized by the 
Texas Higher Education Coordinating Board; and 
   
  (2)  unless the bachelor's degree is in criminology, corrections, counseling, 
law, social work, psychology, sociology, or a related field that has been 
approved by the Community Justice Assistance Division (CJAD) director, the 
person must have: 
 
  (A) one year of graduate study in one of those fields; or 
   
  (B) one year of experience in full-time casework, counseling, or community or 
group work that has been approved by the CJAD director; 
     
  (3) cannot be employed as a peace officer; and 
   
  (4)  cannot be currently on probation or parole or serving a sentence for a 
criminal offense. Community Supervision and Corrections Department (CSCD) 
directors may apply to the CJAD director, as specified in sec.163.5 of this 
title (relating to Waiver to Standards), for a waiver of paragraph (2) of this 
subsection. The Request for Waiver shall document what efforts were made to 
employ a probation officer meeting the requirements specified in the Texas Code 
of Criminal Procedure and state why the efforts were unsuccessful. All probation 
officers appointed by the CSCD director must comply with the code of ethics 
developed by the CJAD. 
     
  (b) Training. CSCD directors and all probation officers shall be provided not 
less than 40 documented hours of professional skill-based training per fiscal 
year. All of the hours are to be approved by the CSCD director with at least 20 
of these hours to be approved by CJAD director, or her/his designee. Up to 20 
hours, in excess of the 40 hours, may be carried over from one fiscal year to 
the next. The CSCD director shall ensure that training records are maintained 
and available for CJAD auditors. Those records shall reflect the number of 
training hours accrued, and the type of training attended, for all employees 
required to have training as designated in this section. A probation officer 
failing to obtain the required 40 hours of training within a fiscal year will be 
ineligible to serve as a probation officer until the required training hours are 
achieved. 
   
  (c) Certification. Any probation officer who is first employed by a CSCD 
director or Judicial District in this state after September 1, 1987, is required 
to complete the certification coursework and obtain a passing grade on the 
certification examination within one year of the beginning date of employment as 
an adult probation officer. Officers failing to achieve certification within one 
year of their employment date may not continue to be employed as an adult 
probation officer beyond the specific date by which they were to have achieved 
certification. They will be eligible for employment as a probation officer only 
after becoming certified probation officers. A probation officer who was 
employed by any probation department in this state on or at any time before 
September 1, 1987, is exempt from the requirements of the certification program. 
A probation officer who is subject to the certification requirement and who 
leaves the field of probation work for more than one year is required to become 
recertified within one year after resuming employment as an adult probation 
officer by taking and successfully passing the certification exam. If that 
officer has not been a Texas probation officer for two years or less, s/he may 
first re-take the certification exam, one time, without having to complete the 
certification course. If the exam is successfully passed, the officer can be 
recertified on that basis. If that officer does not pass the exam after one 
attempt, s/he must then complete the certification course and successfully pass 
the exam. 
   
  (d)  Certification examination. If a new probation officer, employed on or 
after September 2, 1987, completes the certification coursework but fails the 
examination, the officer will be allowed to attempt to pass the examination one 
more time. If the officer fails the examination a second time, the officer will 
be required to complete the certification coursework again before being allowed 
to attempt to pass the examination a third time. In any event, the officer must 
pass the certification exam within one year of his/her employment date to remain 
employed as a probation officer of the CSCD. 
   
  (e)  Exempt officers certification. Certification coursework and the 
certification examination will be available to probation officers appointed 
prior to September 2, 1987. Such an officer who wishes to be certified will be 
given two opportunities to pass the certification examination in order to be 
certified. If the officer fails both attempts to pass the examination, the 
officer must complete the certification coursework before attempting to pass the 
examination again. 
   
  (f) Exempt non-officers certification. Effective September 1, 1989, 
individuals who are not CSCD employees may attend the CJAD certification 
coursework and take the examination if they meet the minimum statutory 
qualifications to be an adult probation officer, pay the certification training 
fees out of their own financial resources, and there is space available in a 
coursework session so as not to exclude any probation officer required to be 
certified. 
   
  (g) Residential officer certification. A residential probation officer, 
employed or appointed as such, on or after September 2, 1989, shall 
satisfactorily complete the certification coursework and examination for 
residential officers offered by CJAD not later than the first anniversary of the 
date on which the officer begins employment with the department's residential 
facility. Provisions of subsections (c), (d), (e), (g) , (h), (i), and (j) of 
this section shall also apply to residential probation officers. Probation 
officers with both regular and residential certification need only complete 40 
hours of skill-based probation related training as specified in subsection (b) 
of this section to maintain both certifications. 
   
  (h) Recertification. In accordance with the requirements of subsection (b) of 
this section, once an officer has been certified, the officer will be required 
to document attendance at, and successful completion of, 40 documented hours of 
approved professional, skill-based training directly related to adult probation 
work to maintain the officer's status of current certification. If the officer 
fails to maintain certification, recertification will be immediately required by 
successful completion of the certification examination. If the officer fails the 
examination, the certification coursework and examination must be completed for 
recertification. 
   
  (i)  Certification status. If any officer (exempt or non-exempt) fails to 
maintain his/her certification by not receiving 40 hours of training in 
accordance with subsection (b) of this section, cases s/he supervises will be 
ineligible for funding until recertification is achieved. 
   
  (j)  Employment and certification. Each CSCD director is to determine the 
minimum requirements for employment as a probation officer as long as the 
individuals hired meet the minimum statutory requirements. 
   
  (k)  Residential personnel training. All CSCD direct care staff of a 
residential facility shall be provided at least 40 hours of training applicable 
to their job duties every two consecutive fiscal years beginning September 1, 
1993. All direct care staff of a residential facility shall receive training in: 
specific reintegration model training programs offered by the CJAD designed to 
improve their skills in working with probationers in residential facilities; 
first aid procedures as well as CPR certification, and they must continue to 
receive the necessary training required to maintain certification in those 
procedures. Additional training requirements for specific residential staff 
include: all staff whose primary duty is to transport facility residents must 
receive defensive driving courses, or course updates, annually, and all other 
direct care staff must receive this training at least once every three years; 
substance abuse treatment facility direct care staff shall receive a minimum of 
20 hours of substance abuse training every two consecutive fiscal years; court 
residential treatment center direct care staff shall receive a minimum of 20 
hours of training, every two consecutive fiscal years, in working with the 
mentally impaired offender and/or substance abusers. The facility administrator 
will be responsible for arranging the appropriate training and keeping 
documentation of the successful completion of staff training. Such documentation 
shall be provided to the CSCD director and CJAD auditors upon request. CSCD 
directors contracting for residential services shall ensure that the services 
offered by the contractors include a case management system equivalent to the 
residential training modules offered by the CJAD. 
 
     
  sec.163.35. Supervision. 
 
  (a) Definitions. The following words and terms, when used in this section, 
shall be defined as follows and apply to both felonies and misdemeanors, unless 
the context clearly indicates otherwise. 
 
  (1) Case-An adult assigned to a probation officer for supervision. 
   
  (2) Collateral contact-A probation officer telephones, initiates an office 
visit with, or receives written information from any person providing 
information about the offender. 
   
  (3) Collateral field visit-A probation officer visits outside the office with 
a family member, community resource, or other relevant individual who provides 
significant information regarding the offender. 
   
  (4) Direct supervision-Probationers who are legally on probation supervision, 
receive a minimum of one face-to-face contact with a probation officer every 
three months, and who work and/or reside in the jurisdiction in which they are 
being supervised. Local community supervision and corrections departments (CSCD) 
may maintain direct supervision of probationers living and/or working in 
adjoining jurisdictions if the CSCD has documented approval from the adjoining 
jurisdictions. 
   
  (5) Face to face contact-A probation officer visits and communicates in person 
with the offender. 
   
  (6) Field visit-A probation officer visits and communicates in person with the 
offender at the offender's place of residence or at a location outside the CSCD 
office. 
   
  (7) Indirect supervision-Maintenance of a file and/or record of an adult under 
supervision who is not being seen personally by the probation officer on a 
regularly scheduled basis. It includes but is not limited to the following: 
 
  (A) probationers who neither reside nor work within the jurisdiction of the 
CSCD and who receive the supervision in other jurisdictions; 
   
  (B) probationers who neither reside nor work within the jurisdiction but 
continue to submit written reports on a monthly basis because they are 
ineligible or unacceptable for supervision in other jurisdictions; 
   
  (C) probationers who have absconded or who have not contacted their probation 
officer in person within three months; or 
   
  (D)  probationers who reside and/or work in the jurisdiction, but who, while 
being in compliance with the orders of the court, nevertheless do not meet the 
criteria for direct supervision. 
       
  (b) Tier supervision levels. CSCD directors shall develop a four tier system 
of supervision which is based upon, but not limited to: 
 
  (1) the jurisdiction's profile of offenders who get revoked most often; 
   
  (2) the profiles of offenders requiring different levels of intervention by an 
officer; 
   
  (3) the offender's identified risk and needs; and 
   
  (4) the following guidelines to determine a level of supervision for 
probationers and conditions under which that level of supervision will change. 
 
  (A) Level I. This classification is calculated as 4 workload points and 
extends the most restrictive non-residential supervision to offenders who: 
 
  (i)  have a documented pattern of serious non-compliance while supervised at a 
less restrictive level; or 
   
  (ii) have a motion to revoke filed for a law violation; or 
   
  (iii) match the jurisdiction's profile of offenders historically committed to 
prison/jail; or 
   
  (iv)  have regressed from a less restrictive level of supervision. 
     
  (B)  Level II. This classification is calculated as 2.5 workload points and 
extends a heightened level of supervision to offenders who: 
 
  (i)  are a demonstrable risk based on: 
 
  (I) shock probation; or 
   
  (II) in lieu of revocation; or 
   
  (III) direct sentence; or 
     
  (ii) have progressed from a more restrictive level of supervision, including 
residential supervision; or 
   
  (iii) have regressed from a less restrictive level of supervision; or 
   
  (iv) have documented special risk or needs which are included in the CSCD's 
profile of offenders historically committed to prison/jail. 
     
  (C) Level III. This classification is calculated as 1.33 workload points and 
extends a moderate level of supervision to offenders who: 
 
  (i) regressed from a less restrictive level of supervision; or 
   
  (ii) progressed from a more restrictive level of supervision, including 
residential supervision; or 
   
  (iii) demonstrate a documentable necessity for a moderate level of 
supervision. 
     
  (D) Level IV. This classification is calculated as 1 workload point and 
extends a minimal level of supervision to offenders who: 
 
  (i) progressed from a more restrictive level of supervision; or 
   
  (ii) present the least risk to the community; or 
   
  (iii)  are considered to be initial or interim probation placements but have 
not yet been classified. 
         
  (c) Supervision workload distribution. CSCD administrators shall assign cases 
among their officers in such a manner as to promote public protection through 
offender supervision and the attainment of a 100 point workload. Caseloads with 
a mixture of levels shall also average 100 points. The following weights shall 
be used to compute workloads: 
 
  (1)  Level I=4; 
   
  (2) Level II=2.5; 
   
  (3) Level III=1.33; 
   
  (4) Level IV=1. 
     
  (d) Supervision process. Probation officers shall provide direct supervision 
for cases to include, but not be limited to, the following tasks: 
 
  (1) Orientation/intake. An orientation/intake session with the offender shall 
be conducted after the court has placed the defendant under supervision. This 
session shall include a thorough discussion of the conditions of probation or 
terms of release. The probation officer shall determine that the offender has 
received a copy of the conditions of probation or terms of release ordered by 
the court as provided by law. 
   
  (2) Assessments. An assessment process that gathers relevant and valid 
information shall be completed on every offender. This process shall 
specifically address the offender's risk factors, need areas, obstacles to 
meeting those needs, offender strengths, and offender resources. The probation 
officer shall request specialized assessments for offenders when alcohol or drug 
abuse contributed to the offense and pursue specialized evaluations when they 
would significantly assist in the development of appropriate supervision plans 
for special need offenders. 
   
  (3) Case classification. Within 45 days of intake, the probation officer shall 
complete the Community Justice Assistance Division case classification 
instrument to assist in the evaluation of the degree of supervision needed by 
each individual based on the offender's risk and/or needs. 
   
  (4) Strategies for case supervision (SCS) interviews. Within 45 days of 
intake, the probation officer shall conduct a SCS interview on each felony 
offender classified at Level I or Level II. SCS should be conducted on Level I 
and II misdemeanors where workload factors permit. 
   
  (5) Case supervision plan. Within 45 days of intake, the probation officer 
shall develop a written individualized case supervision plan based on the 
offender's risk and need factors to address specific problem areas and achieve 
responsible behavior for that offender. 
   
  (6) Reassessments. Probation officers shall re-evaluate risk and need factors 
and supervision plans every six months for all Level II, III and IV cases which 
are not intensive cases, and every three months for: 
 
  (A) all Level I cases; 
   
  (B) any intensive program or intensive caseload; and 
   
  (C) residential placements. Any necessary modification of the supervision plan 
and level of supervision shall be indicated in writing in the case file. 
     
  (7)  Supervision contacts. Probation officers shall make face to face, field 
visit, and collateral contacts with the offender, family, community, or other 
persons pursuant to and consistent with a supervision plan and the level of 
supervision on which the offender is being supervised. Each CSCD director shall 
establish supervision contact and casework standards at a level appropriate for 
that jurisdiction, but in all cases, offenders at higher levels of supervision 
shall receive a higher level of contacts than offenders at lower levels of 
supervision. Supervision contacts shall be specified in the CSCD's written 
policies and procedures. 
   
  (8) Documentation in supervision case files. Probation officers shall use a 
problem oriented record keeping system to document all significant actions, 
decisions, services rendered, and periodic evaluations in the offender's case 
file, including but not limited to, the offender's status regarding the level of 
supervision, compliance with the conditions of probation, progress with the 
supervision plan, and responses to intervention. 
   
  (9) Violations. CSCD directors shall work in conjunction with the local 
judiciary to specify written policies and procedures wherein probation officers 
may make recommendations to the courts regarding violations of conditions of 
probation, as well as when violations may be handled administratively. The 
availability of the continuum of sanctions or alternatives to incarceration 
shall be considered by the probation officer and recommended to the court in 
eligible cases as determined appropriate by the jurisdiction. 
   
  (10) Courtesy supervision. CSCD directors shall ensure notification to other 
jurisdictions when a probationer will be working or residing in that 
jurisdiction temporarily. Except in cases of non-CSCD residential facility 
placements, courtesy supervision shall be requested if a probationer will be in 
another jurisdiction for more than 30 days, except when good cause can be shown. 
Only the court retaining jurisdiction over a defendant has the authority to 
modify or alter a condition of probation. As such, CSCD directors shall ensure 
that probation officers providing direct supervision to probationers transferred 
from other Texas jurisdictions shall fully enforce the order of the court which 
placed the individual on probation. CSCD directors shall ensure that probation 
officers provide the same level of supervision to courtesy cases as they do for 
the probationers in their jurisdiction. When transferring a case for courtesy 
supervision, the documents necessary for transfer shall include, at a minimum, 
the transfer form, the court order placing the person on probation citing all 
conditions of probation, the presentence investigation report where legally 
mandated, and any assessments which have been completed. CSCD directors who 
decline to provide courtesy supervision to probationers from other jurisdictions 
shall immediately notify the original jurisdiction of the reasons for declining 
courtesy supervision. 
   
  (11) Transporting offenders. Probation officers shall not transport offenders 
held in a county jail pursuant to an arrest warrant. All other transportation of 
offenders shall be in accordance with the CSCD's policies and/or pursuant to a 
lawful court order. 
 
       
  sec.163.37. Reports and Records. 
 
  (a) Case records. Community supervision and corrections department (CSCD) 
directors shall develop and maintain a case record management system on 
offenders receiving any type of supervision by the CSCD. Each case record shall 
contain a chronological recording of all significant actions, decisions, 
services rendered, assessments, presentence investigation reports (PSIR) and 
periodic evaluations. All case records shall contain a written criminal history 
record or summary issued by a law enforcement agency, unless it is already 
included in the PSIR in the case file. 
   
  (b) Confidentiality. All PSIRs prepared by a probation officer, and all 
information obtained in connection with the presentence investigations, are 
confidential and may be released only to those persons and under those 
circumstances as authorized by law and as directed by the court for the 
effective supervision of the defendant. Medical and psychiatric records obtained 
by court order shall be sealed within, or kept separate from, the offender's 
probation case file and may be released only by order of the court. 
   
  (c) Presentence investigation reports. The CSCD director shall ensure that a 
probation officer(s) will prepare a PSIR on all felony offenders. A probation 
officer shall prepare a PSIR on all misdemeanor offenders unless the defendant 
requests a report not be made and the court agrees, or if the court finds there 
is sufficient information in the record to permit the meaningful exercise of 
sentencing discretion. The PSIR shall provide the court with the following 
accurate, objective and relevant elements: 
 
  (1) court/legal information; 
   
  (2) defendant information; 
   
  (3) custodial information; 
   
  (4) current offense; 
   
  (5)  victim information; 
   
  (6) criminal history; 
   
  (7) social history; 
   
  (8) substance abuse information; 
   
  (9) supervision plan; and 
   
  (10) may include as attachments any other documents or information relevant to 
a sentencing decision. 
     
  (d) PSIR format. CSCD directors shall ensure that probation officers 
completing PSIRs follow, at a minimum, the required Texas Department of Criminal 
Justice-Community Justice Assistance Division (TDCJ-CJAD) PSIR format in 
preparing felony PSI reports. CSCD probation officers may use a format other 
than the TDCJ-CJAD PSIR format in preparing misdemeanor reports as long as the 
content requirements outlined in subsection (c) of this section are met. 
   
  (e) Staffing for PSIRs. CSCD directors shall have the necessary trained staff 
and resources to conduct presentence investigations on all cases and shall 
provide written reports of the results for the courts for all felony and 
misdemeanor cases as required by the law and the court. 
   
  (f) Filing. Copies of the completed PSIRs shall be maintained in the 
individual offender's case file within the CSCD filing system and made available 
for periodic audits by Community Justice Assistance Division (CJAD) staff. 
   
  (g) Funding. Felony PSIRs prepared by the CSCD probation officers shall be 
eligible for funding as noted in sec.163.43 of this title (relating to Funding 
and Financial Management). 
   
  (h) Transfer to the institutional division. CSCD directors shall forward to a 
county that transfers a defendant to the Institutional Division (ID) that 
defendant's PSIR prepared according to the TDCJ-CJAD format for PSIRs, as well 
as information required in the Texas Code of Criminal Procedure, Article 42.09, 
sec.8(c). Additional information, if prepared by a probation officer for a 
revocation hearing updating information in the PSIR, shall also be forwarded to 
the county for the defendant's transfer to the ID. 
   
  (i) Intrastate and interstate transfer. CSCD directors shall utilize uniform 
transfer procedures as provided by and approved by the CJAD. 
 
     
  sec.163.39. Residential Services. 
 
  (a) Purpose. Residential facilities and contract residential beds funded by 
Community Justice Assistance Division (CJAD) shall provide the courts with a 
sentencing alternative designed to: 
 
  (1) reduce reliance on incarceration in jails and prisons; 
   
  (2) provide public protection by ensuring levels of security appropriate for 
the population served by the facility, including as a minimum a monitored and 
structured environment in which residents' interior and exterior movements and 
activities can be supervised by specific destination and time; 
   
  (3) provide an intermediate sanction for offenders who require a level of 
supervision/services greater than that of non-residential supervision to ensure 
compliance with the conditions of probation and law-abiding behavior; and 
   
  (4) provide services that target reintegration of the offender back into the 
community. 
     
  (b)  Types of programs. Residential facilities and contract residential beds 
funded by CJAD may include: 
 
  (1) Community corrections facilities (CCF) . 
 
  (A) CCFs include, but are not limited to, the following types of facilities: 
 
  (i) restitution centers; 
   
  (ii) court residential treatment centers; 
   
  (iii) substance abuse treatment facilities; 
   
  (iv) custody camps and boot camps; 
   
  (v)  residential facilities for the mentally impaired; 
   
  (vi)  intermediate sanction facilities; 
   
  (vii) halfway houses; 
   
  (viii) work facilities; and 
   
  (ix) pre-parole transfer facilities. 
     
  (B) Only Community Supervision and Corrections Departments (CSCD) are 
authorized to establish and operate CCFs. CSCDs may contract with another local 
governmental entity or private contractor for the leasing of the facility and/or 
delivery of services. 
     
  (2) County correctional centers (CCC). 
 
  (A) CCCs include, but are not limited to, the following types of facilities: 
 
  (i) restitution centers; 
   
  (ii) court residential treatment centers; 
   
  (iii)  substance abuse treatment facilities; 
   
  (iv) custody camps and boot camp; 
   
  (v) residential facilities for the mentally impaired; 
   
  (vi) intermediate sanction facilities; 
   
  (vii)  halfway houses; 
   
  (viii) work facilities; and 
   
  (ix)  pre-parole transfer facilities. 
     
  (B) The commissioners court of a county may establish a CCC after receiving 
written consent of the sheriff. 
   
  (C) The sheriff of the county in which a CCC has been established is 
responsible for the operation of the CCC and must consult with the 
chief/director of the CSCD serving the county about issues related to 
probationers participating in the CCC programs. 
   
  (D) The sheriff through the CCC program may: 
 
  (i) house and provide work programs and counseling for eligible defendants; 
and 
   
  (ii) in cooperation with the CSCD serving the county, operate work programs 
and counseling programs for probationers. 
       
  (3) Contract residential services (CRS). 
 
  (A) CJAD funds may be used by CSCD, sheriffs' departments, or other 
governmental entities to contract for residential services that include, but are 
not limited to, the following types of beds and services: 
 
  (i)  restitution centers; 
   
  (ii) court residential treatment centers; 
   
  (iii) substance abuse treatment facilities; 
   
  (iv)  custody camps and boot camp; 
   
  (v) residential facilities for the mentally impaired; 
   
  (vi) intermediate sanction facilities; 
   
  (vii) halfway houses; 
   
  (viii) work facilities; and 
   
  (ix) pre-parole transfer facilities. 
     
  (B) CRS provided to CSCDs, sheriffs' departments, or other governmental 
entities through CJAD funds must meet all applicable CJAD Residential Services 
standards. 
       
  (c)  Target population and offender eligibility. A CSCD, sheriff's department, 
or other governmental entity that operates a residential facility, contracts for 
the operation of a residential facility, or contracts for residential 
beds/services, shall define a specific target population of offenders to be 
served. Placement of offenders in a CCF shall only be by an order of the court 
and shall meet minimum eligibility criteria as outlined in this section. Upon 
placement into a jail, the sheriff may transfer the offender into a CCC. 
Eligibility criteria for residential placement must include, but is not limited 
to, the following. 
 
  (1) Community corrections facilities: 
 
  (A) the defendant did not cause serious bodily injury or death of another as a 
result of the commission of the offense as determined by the trier of facts; 
   
  (B) the defendant did not use a deadly weapon during the commission of or 
flight from the offense as determined by the trier of facts; 
   
  (C) the defendant matches the profile of offenders historically committed to 
county jail/prison from that jurisdiction; or the defendant has high risk/needs, 
who, if supervised at a lower supervision level would have an increased 
likelihood of violating the conditions of probation; and 
   
  (D) for restitution centers only: 
 
  (i) the defendant must have been convicted or pled guilty or nolo contendere 
to a felony offense other than those under Title 5 of the Texas Penal Code; and 
   
  (ii)  the defendant must be employable. 
       
  (2) County correctional centers. The defendant is eligible for placement: 
 
  (A) if convicted of a misdemeanor and sentenced to a term of confinement in 
county jail; 
   
  (B)  in lieu of jail time as a condition of misdemeanor or felony probation; 
   
  (C) in lieu of jail time as punishment for violation of conditions of 
probation; or 
   
  (D) if required as a condition of probation to participate in a work program 
or counseling program through a county correctional center and: 
 
  (i) the defendant matches the profile of offenders historically committed to 
county jail/prison from that jurisdiction; or 
   
  (ii) the defendant has high risk/needs, who, if supervised at a lower 
supervision level would have an increased likelihood of violating the conditions 
of probation. 
       
  (3) Contract residential services. Placement of offenders into a residential 
facility other than a community corrections facility or county correctional 
center must meet the facility's eligibility criteria, and the defendant matches 
the profile of offenders historically committed to county jail/prison from that 
jurisdiction; or the defendant has high risk/needs, who, if supervised at a 
lower supervision level would have an increased likelihood of violating the 
conditions of probation. 
     
  (d)  Denying admission. An offender placed into a community corrections 
facility or a county correctional center as a condition of probation and who is 
an inappropriate placement, by statute or standard, or does not meet eligibility 
criteria of the facility as approved by the CJAD shall be returned to the court 
of original jurisdiction by the agency director who is responsible for the 
management of the CCF or CCC. If placement occurs as a condition of probation, 
an eligible offender for residential placement may be placed on a waiting list 
or returned to the court for an alternative sanction if the facility has reached 
capacity. 
   
  (e) Term of participation and discharge. All discharges from residential 
placement shall only be by an order of the court. Terms of participation in 
residential facilities shall be based on the following criteria: 
 
  (1) the offender has made sufficient progress towards meeting the objective of 
the supervision plan and program requirements; 
   
  (2) the offender has satisfied a sentence of confinement; 
   
  (3) the offender has satisfied a period of placement as a condition of 
probation; or 
   
  (4) the offender has demonstrated non-compliance with program criteria or a 
court order. 
     
  (f) Policies and procedures. Residential facilities and residential service 
providers shall provide supervision/services that address the level of risk and 
needs of a specific target population of offenders. Supervision/services shall 
be provided in accordance with policies and procedures as described in the 
facility's operations manual. 
 
  (1) The policies and procedures of CCF and CCC shall be approved by the CJAD 
director as per minimum guidelines established by the CJAD in the "Community 
Corrections Facilities and County Correctional Centers: Guidelines for 
Operations". 
   
  (2) The CJAD director must approve the policies and procedures of CCFs and 
CCCs prior to those facility directors accepting offenders for residential 
placement. All policies and procedures of CCFs and CCCs are to be reviewed and 
updated as necessary and approved every two years thereafter by the CJAD 
director. 
   
  (3) CSCDs, sheriff's departments, or other governmental entities that contract 
for residential beds/services (CRS) shall require service providers under 
contract through CJAD funds to make available their related fiscal and program 
records to the CJAD upon request. All CRS providers shall maintain a CJAD 
"Advisement Religious Services Participation" form, signed by the offender, in 
the case file of each offender who is a resident of a CRS program that requires 
residents to participate in religious-oriented activities. 
     
  (g) Physical plant. 
 
  (1) Community corrections facilities (CCF). Agencies operating CCFs shall 
provide, each fiscal year, to the CJAD documentation that the facility meets 
local and state safety, health and sanitation standards, codes, and ordinances. 
The facility shall also maintain compliance with minimum guidelines and 
standards established by CJAD for physical plant of CCFs. 
   
  (2) County correctional centers (CCC). Sheriffs' departments operating CCCs 
shall maintain compliance with CCC standards and rules as adopted by the Texas 
Commission on Jail Standards. 
   
  (3) Contract residential services (CRS). Community supervision and corrections 
departments, sheriff's departments, or other governmental entities that contract 
for residential beds/services shall ensure that CRS providers under contract 
through CJAD funds maintain compliance with local and state safety, health and 
sanitary standards, codes, and ordinances. 
     
  (h)  Maximum resident capacity and facility utilization. The maximum resident 
capacity of a CCF or CCC shall be defined as the total number of offenders who 
can be housed at the facility at any given time as determined by the operating 
agency and approved by the CJAD director. CCFs and CCCs funded through CJAD 
shall reach 90% capacity within the first six months of operation and maintain a 
minimum of 90% capacity thereafter, utilizing appropriate and eligible 
placements only. 
   
  (i) Public hearing. Agencies interested in establishing a CCF shall hold a 
public hearing regarding the proposed site of the CCF. A minimum of 30 days 
prior to the public hearing, the agency proposing to operate the CCF shall: 
 
  (1) publish notice of the date, hour, place, and subject of the public hearing 
along with the address of the proposed site of the CCF in three consecutive 
issues of a newspaper, or in newspapers that collectively have, general 
circulation in the county in which the proposed CCF is to be located; 
   
  (2) mail a copy of the notice to each city council member, county 
commissioner, state representative and state senator who represents the area in 
which the proposed CCF is to be located. A copy of the notice is also to be 
mailed to each member of the jurisdiction's community justice council; and 
   
  (3) hold the public hearing at a site as close as practical to the proposed 
location of the CCF. 
     
  (j) Data. Agencies operating or utilizing residential facilities under this 
section shall submit on a timely basis, data as required by the CJAD. 
   
  (k)  Courtesy supervision. CCFs shall, on a space-available basis, accept 
eligible adult offenders needing the residential services on courtesy 
supervision from other jurisdictions. Community supervision and corrections 
departments that manage CCFs are responsible for the direct supervision of all 
probationers in the CCF while in the residential placement. 
   
  (l)  Training. Probation officers, CCF personnel, and community supervision 
and corrections department personnel who work in a CCC shall meet minimum 
training standards as set forth in sec.163.33 of this title (relating to 
Probation Officers). 
   
  (m) Fiscal. The financial management and fiscal accounting practices and 
procedures for the operating funds of a community corrections facility or county 
correctional center shall meet minimum fiscal standards as set forth in 
sec.163.43 of this title (relating to Funding and Financial Management). 
   
  (n) Funding eligibility. Community supervision and corrections departments, 
counties, and municipalities, are eligible, upon application and approval, for 
CJAD funding for residential services. See sec.163.43 of this title (relating to 
Funding and Financial Management) for funding rules, requirements and 
information. 
 
     
  sec.163.43. Funding and Financial Management. 
 
  (a) Funding. 
 
  (1) Qualifying for community justice assistance division (CJAD) funding. 
Community supervision and corrections departments (CSCDs) qualify for CJAD state 
aid by: 
 
  (A) being in compliance with CJAD Standards; 
   
  (B) having a community justice council that serves the jurisdiction and is 
recognized by the CJAD; 
   
  (C) having a CJAD-approved community justice plan with related budgets; 
   
  (D) the district judge(s) appointing a director to administer all CSCD funds; 
   
  (E) the district judge(s) designating a fiscal officer to account for, 
disburse, and report on all CSCD funds. 
     
  (2) Qualifying for CJAD grant funding. CSCDs, counties, municipalities, and 
non-profit organizations whose judicial districts' CSCDs comply with CJAD 
standards, qualify for CJAD grant funding by: 
 
  (A) being in compliance with CJAD Standards; 
   
  (B) having a community justice council that serves the jurisdiction and is 
recognized by the CJAD; 
   
  (C) having a CJAD-approved community justice plan with related budgets and the 
grant proposal is contained within the community justice plan; and 
   
  (D) the grant funding recipient designating a chief fiscal officer to account 
for, disburse, and report on all CJAD grant funding. 
     
  (3) Allocating state aid. State aid will be made available to eligible CSCDs 
in accordance with statutory requirements and requirements as set forth in the 
Financial Management Manual for CJAD Funding. 
   
  (4)  Allocating CJAD grant funding. CSCDs, counties, municipalities, and non-
profit organizations who are eligible to receive grant funding must meet 
requirements as set forth in the Financial Management Manual for CJAD Funding to 
be approved by the CJAD director to receive such funds. Grant funding will be 
made available in accordance with statutory requirements and requirements as set 
forth in the Financial Management Manual for CJAD Funding. 
     
  (b)  Financial procedures. 
 
  (1) Requested information from CSCDs and other potentially eligible CJAD 
funding recipients. The director of a CSCD or other eligible CJAD funding 
recipient shall present data and information requested by the CJAD as necessary 
to determine the amount of state financial aid to which the CSCD or other 
eligible recipient is entitled. A CSCD or other recipient receiving CJAD funding 
shall submit reports and other documentation as required by the CJAD. 
   
  (2) Deposit of CJAD funding. Each CSCD, county, or municipality shall deposit 
all CJAD funding received in a special fund of the county treasury or municipal 
treasury, as appropriate, to be used solely for the provision of services, 
programs, and facilities as approved by CJAD. Non-profit organizations shall 
deposit all CJAD funding received in a special fund as approved by CJAD, to be 
used solely for the provision of services, programs, and facilities approved by 
CJAD. 
   
  (3) Fees deposit. Adult probation fees collected by the court and payments by 
program participants shall be deposited to the same special fund of the county 
treasury receiving state financial aid, to be used for community supervision and 
corrections services. 
   
  (4) Disbursement of CJAD funding. The CJAD will make quarterly funding 
payments, and other payments as frequently as deemed necessary by the CJAD 
director, to all eligible entities in accordance with respective statutory 
requirements for CJAD line item appropriations and the Financial Management 
Manual for CJAD Funding. 
   
  (5) Counties' financial responsibility. The county or counties served by a 
CSCD shall provide physical facilities, utilities, and equipment for a CSCD in 
accordance with subsection (d) of this section. If a CSCD serves two or more 
counties, those counties may enter into an agreement that the total expenses of 
such facilities, utilities, and equipment be distributed approximately in the 
same proportion as the population in each county bears to the total population 
of all the counties, according to the last preceding census. 
   
  (6)  Restrictions on CJAD funding and CSCD funds. No funds from CJAD funding 
or CSCD generated revenue shall be used to: 
 
  (A) provide physical facilities, utilities, and equipment for community 
supervision and corrections departments unless approved by the CJAD through the 
certification process or as provided for in the Financial Management Manual for 
CJAD Funding; or 
   
  (B) support religious-oriented activities or services whose principal or 
primary effect is to advance a sectarian or doctrinal belief or practice. No 
offender can be required to participate in a religious-oriented activity or 
service arranged through the CSCD unless the offender signs the CJAD-required 
waiver. 
     
  (7) Available records. The community supervision and corrections department 
and/or the designated chief fiscal officer accounting for, disbursing, and 
reporting on the CJAD funding shall make financial records available to the 
CJAD. CSCDs and/or other CJAD funding recipients shall provide financial reports 
to CJAD as set forth in the Financial Management Manual for CJAD Funding. The 
chief fiscal officer must provide a Statement of Financial Position at close of 
each fiscal year and as set forth in the Financial Management Manual for CJAD 
Funding. 
   
  (8) Budgets. CJAD funding recipients shall prepare and operate from a 
budget(s) developed and approved within the guidelines set forth in the 
Financial Management Manual for CJAD Funding. 
   
  (9) Funding recipient obligations. All CJAD funding recipients shall comply 
with all funding provisions as set forth in the Financial Management Manual for 
CJAD Funding and any special conditions associated with their respective funding 
awards. 
   
  (10) Local Government Code. CSCDs or entities receiving funds from CJAD shall 
comply with the Local Government Code, sec.140.003. 
   
  (11) Distribution of probation supervision fees and state aid for direct 
supervision. The judicial district having jurisdiction of the case shall receive 
the probation supervisory fee. The judicial district providing direct 
supervision shall receive the state aid designated for direct supervision. 
   
  (12) Fees for fiscal services. The judicial district, if approved by CJAD and 
as set forth in the Financial Management Manual for CJAD Funding, may use up to 
3.0% of the state funding received for the first quarter or .75% of total 
funding received on grant funding and state aid to contract annually with the 
county or counties providing services for auditing, bookkeeping and those 
services set forth in the statutes and other service deemed necessary by the 
judicial district. Other services deemed necessary include the following: 
 
  (A) timely and accurate preparation of quarterly financial reports; and 
   
  (B)  preparation of a Statement of Financial Position at the close of each 
fiscal year or designated funding period. 
     
  (13) Honesty bond. CSCD Directors shall ensure that all public monies are 
protected by requiring that all employees with access to monies are covered by 
honesty bonds and all funds maintained on CSCD premises are protected by 
appropriate insurance or bonding. The fee for these bonds/insurance may be paid 
from the judicial district fund. 
   
  (14) Travel reimbursements. Reimbursements for the use of personal automobiles 
on official business by authorized individuals to be paid from the judicial 
district CSCD fund shall be for mileage based on state rates. Per diem 
reimbursements shall be at a rate not less than state rates. If established 
county rates for a CSCD exceed the state rates, the CSCD shall not exceed the 
county rates. 
   
  (15) Automobile liability insurance. CSCDs shall require all individuals using 
their automobiles for department business to provide documentation of liability 
insurance coverage or fiscal responsibility as required by law for personal 
motor vehicles used in conduct of official business. 
   
  (16) Expenses for training. CSCDs may use judicial district funds to pay the 
expenses of training for employees. The training must be related to CSCD 
services or to the employee's particular function or professional advancement 
within the department. CSCDs may use judicial district funds to pay the expenses 
of training for judges trying criminal cases. Training for judges must be 
related to community supervision and corrections or to the judge's function as 
an administrator of the CSCD. 
   
  (17) Extradition. CJAD funding shall not be used to pay nor reimburse agencies 
or persons for the cost of transfer of prisoners. 
   
  (18) Investment of idle funds. The director of the CSCD shall consult with the 
fiscal officer to determine the appropriate amount of idle funds to be invested. 
Idle funds herein refers to state aid and probation fees only. The investment 
shall provide for a reasonable interest rate, necessary protection of principal, 
and flexibility. Interest received shall be considered locally generated monies 
for determining the surplus apportionment at the end of the fiscal year. 
     
  (c) Determination and recovery of unexpended monies. 
 
  (1) CJAD funding. CJAD funding allocated to any entity, organization, or CSCD 
shall require separate budgets in accordance with the Financial Management 
Manual for CJAD Funding. At the close of the fiscal year, all 
unexpended/unencumbered CJAD funding shall be refunded to CJAD. 
   
  (2) Refund calculation. Close out financial reports shall be submitted to the 
CJAD on all CJAD funding by November 30 of each year and in accordance with the 
Financial Management Manual for CJAD Funding. Upon receipt of the final report, 
the surplus refund due to the state from all CJAD funding recipients shall be 
calculated by CJAD in accordance with the Financial Management Manual for CJAD 
Funding. 
   
  (3)  CSCD unexpended monies. All monies deposited into the CSCD's judicial 
district fund shall be considered in the apportionment of any unexpended monies 
available after all financial payments have been completed. The chief fiscal 
officer designated by the judicial district shall be allowed a period of two 
months to complete payment of a prior fiscal year's financial commitments. After 
this two month period, all expenditures shall be charged to the budget of the 
current fiscal year regardless of when the expenditure was incurred. The fiscal 
year shall end August 3lst. 
   
  (4) Revenue percentage calculation for CSCDs. After the close out financial 
report is submitted to CJAD, a determination will be made by CJAD staff that an 
unexpended balance does exist. CJAD will identify all monies deposited into the 
fund for that fiscal year as either locally generated or state generated. 
Locally generated monies include, but are not limited to, probation fees and 
interest on time deposits, After the sources of monies are identified, CJAD will 
prepare a calculation to indicate the percentage contributed by each source. 
   
  (5) Application of percentage to CSCD unexpended monies. The balance of 
unexpended locally generated monies plus supervision funds multiplied by a 
percentage of CJAD supervision funds deposited will be refunded to CJAD. The 
balance of surplus supervision funds corresponding to the percentage of local 
monies deposited will be retained in the judicial district CSCD fund. These 
locally retained, unexpended monies shall be considered in the succeeding year's 
operating budget as a source of funding and shall be designated as locally 
generated monies in the succeeding year's apportionment of judicial district 
CSCD unexpended supervision funds. 
   
  (6)  Application of percentage to unexpended monies for CSCD direct 
supervision. After a surplus refund due to the state is calculated, any 
remaining direct supervision monies deposited by a CSCD shall be retained in the 
judicial district fund. These locally retained, unexpended monies for direct 
supervision shall be considered in the CSCD's succeeding year's general 
operating budget as a source of funding and shall be designated as locally 
generated monies in the succeeding year's apportionment of judicial district 
fund unexpended supervision funds. 
     
  (d) Facilities, utilities, and equipment. 
 
  (1) CSCDs. The county or counties served by a CSCD shall provide, at a 
minimum, the following facilities, equipment and utilities for a CSCD. 
 
  (A) Minimum facilities for CSCDs. Each adult probation officer shall be 
provided a private office. Each office shall have the necessary lighting, air 
conditioning, equipment, privacy and decor to provide and promote the delivery 
of professional community corrections services. 
   
  (B) Minimum utilities for CSCDs. Each community supervision and corrections 
department office shall be provided adequate utilities necessary to provide 
efficient and professional community corrections services. 
   
  (C) Minimum equipment for CSCDS. Each adult probation officer shall be 
furnished adequate furniture, telephone, and other equipment as necessary and 
consistent with efficient office operations. Adequate insurance, maintenance, 
and repair of the equipment shall be maintained. 
   
  (D) Location. Each CSCD office providing direct court services shall be 
located in the courthouse or as near the courthouse as practically possible to 
promote prompt and efficient services to the court. 
   
  (E) Satellite offices. Satellite CSCD offices shall be established in the area 
of the judicial district to provide efficient supervision of and services to 
probationers as dictated by population, caseload size, or geographical distance. 
     
  (2) Residential facilities. CJAD funding as approved may be used to: 
 
  (A) lease buildings, land, or other real property for use as community 
corrections facilities (CCF) or county correctional centers (CCC); 
   
  (B) lease or purchase equipment necessary for the operations of CCFs or CCCs; 
   
  (C) renovate leased or donated buildings for use as CCFs or CCCs; and 
   
  (D) pay other costs necessary for the operations of CCFs and CCCs. 
     
  (3) Inventory and disposal of equipment, furniture and/or vehicles purchased 
with CJAD funding. 
 
  (A)  All equipment, furniture, and vehicles purchased with CJAD funding are to 
be inventoried with CJAD in accordance with procedures set forth in the 
Financial Management Manual for CJAD Funding. 
   
  (B) Any CSCD or other entity wanting to dispose of equipment, furniture and/or 
vehicles purchased with CJAD funding shall adhere to procedures set forth in the 
Financial Management Manual for CJAD Funding. 
       
  (e) Certification of facilities, utilities, and equipment for CSCDs. 
 
  (1) Expansion of community supervision and corrections department offices. 
Judicial districts funds may be expended for facilities, utilities, and 
equipment only as it relates to expansion of the CSCD. Prior to expending funds 
for expansion purpose, the county must receive certification approval from the 
CJAD Director. The county or counties served by the CSCD shall continue to 
provide all costs associated with current level CSCD operations. 
   
  (2) Certification process. The following certification process must be 
completed prior to consideration by the CJAD Director for approval of the 
purchase of facilities, utilities, or equipment to expand CSCD operations. 
 
  (A) Public meeting. Requests for expanded facilities, utilities, and equipment 
must be initially requested from the county and reviewed at a formal 
commissioners' court meeting. 
   
  (B)  Certification letter. If the commissioner's court determines that funds 
are not available to expand the CSCD's facilities, utilities, or equipment, a 
certification must be issued to the district judge indicating that funds are not 
available. 
   
  (C) Certification information. As part of the first request for certification 
in a fiscal year, the county shall provide the following information to CJAD for 
the four most recent fiscal years unless otherwise noted: 
 
  (i) the total dollar amount of the county's general revenue financial 
contribution to the CSCD; 
   
  (ii) the total dollar amount of the county budgets; 
   
  (iii) the total dollar amount of the county tax rolls; and 
   
  (iv) the population of the county for the four most recent calendar years. 
     
  (D) Information forwarded and list of itemized expansion costs. The district 
judge shall forward the following information to CJAD: 
 
  (i) the county certification document, with the certification information; 
   
  (ii)  a list of expansion items and their approximate costs; 
   
  (iii)  an itemized list of approximate costs for each equipment item; and 
   
  (iv) a signed cover letter indicated the district judges' agreement with the 
county certification. 
     
  (E) Lease contracts, rent, and utilities. The certification approved for lease 
contracts, rents and utilities will be allowed to remain in force for up to five 
years from the fiscal year in which certification is approved. If during the 
five year period the original cost increases and the county is not able to 
absorb the increase, the CSCD may apply for a new certification. At no time may 
the CSCD charge the program for any lease contract, rent, or utilities 
expenditures in excess of the approved certification. At the end of the five 
years if the county cannot pay for the lease, rent, and/or utilities, 
certification may again be requested. It should be noted that under the lease 
contract, rent, and utilities each certification approved will begin a new five 
year period. 
   
  (F) Budget amendments and approval of expansion requests. The director of the 
CSCD shall forward an amended budget to reflect the proposed certification 
expenditures. All facilities, utilities, and equipment purchases charged to the 
judicial district CSCD fund which require certification must be approved by the 
CJAD director before the purchase is made. 
     
  (3)  Equipment. Inventory labels, indicating CSCD ownership, shall be placed 
on each equipment item purchased with judicial district CSCD funds, regardless 
of whether or not certification was required. 
     
  (f) Audits. The CJAD may inspect and evaluate a CSCD or conduct audits of 
financial records of CJAD funding activity or transactions at any reasonable 
time to determine compliance with TDCJ rules and standards. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318703 
  Jackee Cox 
 General Counsel 
 Texas Department of Criminal Justice 
    Effective date: March 1, 1993 
 Proposal publication date: December 4, 1992 
 For further information, please call: (512) 463-9988 
         
           
  Subchapter B. Local Departments 
 
  37 TAC sec.163.29 
 
  The Texas Department of Criminal Justice-Community Justice Assistant Division 
(TDCJ-CJAD) adopts the repeal of sec.163.29, concerning community justice 
councils, without changes to the proposed text as published in the January 29, 
1993, issue of the Texas Register (18 TexReg 575). 
 Section 163.29 has been revised in its entirety and resubmitted for proposed 
adoption under sec.163.23 of this chapter; without adoption of this repeal, 
duplication of rules will occur. 
 Section 163.29 has been repealed and is being resubmitted under sec.163.23 due 
to the recodification of rules necessitated by the reorganization of the agency. 
 No comments were received regarding adoption of the repeal. 
 The repeal is adopted under the Code of Criminal Procedures, Article 42.13, 
sec.2(a) and sec.3(a), which provides TDCJ-CJAD with the authority to establish 
minimum standards for programs, facilities, equipment, and other aspects of the 
operation of departments; establish an application process and procedures for 
funding community corrections facilities, establish a format for community 
justice plans; and to require community supervision and corrections departments 
to keep financial and statistical records; submit a community justice plan; and 
submit periodic financial audits and statistical reports to TDCJ-CJAD. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318702 
  Jackee Cox 
 General Counsel 
 Texas Department of Criminal Justice 
    Effective date: March 1, 1993 
 Proposal publication date: January 29, 1993 
 For further information, please call: (512) 463-9988 
         
       
  37 TAC sec.163.31 
 
  The Texas Department of Criminal Justice-Community Justice Assistant Division 
(TDCJ-CJAD) adopts the repeal of sec.163.31, concerning community justice 
community justice plans, without changes to the proposed text as published in 
the December 4, 1992, issue of the Texas Register  (17 TexReg 8414). 
 Section 163.31 has been revised in its entirety and resubmitted for proposed 
adoption under sec.163.25 of this chapter; without adoption of this repeal, 
duplication of rules will occur. 
 Section 163.31 has been repealed and is being resubmitted under sec.163.25 due 
to the recodification of rules necessitated by the reorganization of the agency. 
 No comments were received regarding adoption of the repeal. 
 The repeal is adopted under the Code of Criminal Procedures, Article 42.13, 
sec.2(a) and sec.3(a), which provides TDCJ-CJAD with the authority to establish 
minimum standards for programs, facilities, equipment, and other aspects of the 
operation of departments; establish an application process and procedures for 
funding community corrections facilities, establish a format for community 
justice plans; and to require community supervision and corrections departments 
to keep financial and statistical records; submit a community justice plan; and 
submit periodic financial audits and statistical reports to TDCJ-CJAD. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318699 
  Jackee Cox 
 General Counsel 
 Texas Department of Criminal Justice 
    Effective date: March 1, 1993 
 Proposal publication date: January 29, 1993 
 For further information, please call: (512) 463-9988 
         
             Part IX. Texas Commission on Jail Standards 
  Chapter 259. New Construction Rules 
  
  New Low-Risk and Medium-Risk Design Construction and Furnishing Requirements 
 
  37 TAC sec.sec.259.214, 259.225, 259.229, 259.245-259.246, 259. 249-259.250, 
259.259-259.266 
 
  The Texas Commission on Jail Standards adopts amendments to sec.sec.259.214, 
259.225, 259.229, 259.245-259.246, 259.249-259.250, and 259.259-259.266 
concerning new construction rules, without changes to the proposed text as 
published in the December 22, 1992, issue of the Texas Register  (17 TexReg 
9015). 
 The amendments will clarify requirements for medium-risk housing due to 
questions raised by the public and design firms. 
 The amendments will provide revised physical standards for medium-risk 
facilities clarifying areas which have been problematic in the planning of new 
facilities. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Government Code, Chapter 511, which 
provide the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the 
construction, equipment, maintenance, and operation of county jails. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 29, 1993. 
 TRD-9318553 
  Jack E. Crump 
 Executive Director 
 Texas Commission on Jail Standards 
    Effective date: February 25, 1993 
 Proposal publication date: December 22, 1992 
 For further information, please call: (512) 463-5505 
         
           Chapter 263. Life Safety 
  
  Additional Information/Recommendations 
 
  37 TAC sec.263.83 
 
  The Texas Commission on Jail Standards adopts an amendment to sec.263.83 
without changes to the proposed text as published in the December 22, 1992, 
issue of the Texas Register (17 TexReg 9016). 
 Having added sections in the past year regarding alternative type facilities, 
additional titles needed to be added to the meaning of "jails" and "facilities". 
 This section describes the meaning of jails and facilities. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Government Code, Chapter 511, which provide 
the Texas Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance and operation of county jails. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 29, 1993. 
 TRD-9318552 
  Jack E. Crump 
 Executive Director 
 Texas Commission on Jail Standards 
    Effective date: February 25, 1993 
 Proposal publication date: December 22, 1992 
 For further information, please call: (512) 463-5505 
         
           Chapter 297. Compliance and Enforcement 
  
  37 TAC sec.sec.297.1-297.10 
 
  The Texas Commission on Jail Standards adopts the repeal of sec.sec.297.1-297. 
10 concerning compliance and enforcement, without changes to the proposed text 
as published in the December 22, 1992, issue of the Texas Register  (17 TexReg 
9016). 
 The repeal of these rules will allow for revisions to these requirements to 
reflect actual current procedures of the Commission and coordinate enforcement 
action with the State Office of Administrative Hearing procedures. 
 Repeal of these rules will allow the adoption of new rules that reflect current 
procedures. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Government Code, Chapter 511, which provide 
the Texas Commission on Jail Standards with the authority to adopt, amend, and 
rescind rules for the conduct of its proceedings. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 29, 1993. 
 TRD-9318557 
  Jack E. Crump 
 Executive Director 
 Texas Commission on Jail Standards 
    Effective date: February 25, 1993 
 Proposal publication date: December 22, 1992 
 For further information, please call: (512) 463-5505 
         
       
  37 TAC sec.sec.297.1-297.13 
 
  The Texas Commission on Jail Standards adopts new sec. sec.297.1-297.13 
concerning compliance and enforcement. Section 297.9 is adopted with changes to 
the proposed text as published in the December 22, 1992, issue of the Texas 
Register (17 TexReg 9016). Sections 297.1-297.8, 297.10-297.13 are adopted 
without changes and will not be republished. 
 The rules delineate current procedures the Commission utilizes in monitoring 
compliance efforts and coordinates enforcement action with the State Office of 
Administrative Hearings. 
 The sections delineate the Commission's inspection and enforcement procedures, 
including: certification, notice of noncompliance, Commission review, remedial 
orders, and other remedies. The sections also provide procedures for request for 
appeal by county officials of Commission actions. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Government Code, Chapter 511 which 
provide the Texas Commission on Jail Standards with the authority to adopt, 
amend, and rescind rules for the conduct of its proceedings. 
 
 
  sec.297.9. Other Commission Remedies. In addition to or in lieu of the 
remedial order remedies described in sec.297.8 of this title (relating to 
Remedial Order by Commission) the Commission may institute an action in its own 
name to enforce, or enjoin the violation of its orders, rules or procedures, or 
the Local Government Code, Chapter 351. An action brought pursuant to this 
section is in addition to any other action, proceeding or remedy provided by 
law, and may be brought in a district court of Travis County. A suit brought 
under this section shall be given preferential setting and shall be tried by the 
Court, without a jury, unless the county requests a jury, in accordance with the 
Local Government Code, Chapter 351. The Commission shall be represented by the 
Attorney General in such actions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 29, 1993. 
 TRD-9318556 
  Jack E. Crump 
 Executive Director 
 Texas Commission on Jail Standards 
    Effective date: February 25, 1993 
 Proposal publication date: December 22, 1992 
 For further information, please call: (512) 463-5505 
         
           Chapter 301. Rules of Practice in Contested Cases 
  
  37 TAC sec.sec.301.1-301.13 
 
  The Texas Commission on Jail Standards adopts the repeal of sec.sec.301.1-301. 
13 concerning rules of practice in contested cases, without changes to the 
proposed text as published in the December 22, 1992, issue of the Texas Register  
(17 TexReg 9019). 
 Repeal of this section will allow for major revisions to these requirements 
made necessary by the adoption of Rules of Procedures, Chapter 155, State Office 
of Administrative Hearings. 
 Repeal of this section will allow for adoption of the new rules. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Government Code, Chapter 511, which provide 
the Texas Commission on Jail Standards with the authority to adopt, amend, and 
rescind rules for the conduct of its proceedings. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 29, 1993. 
 TRD-9318555 
  Jack E. Crump 
 Executive Director 
 Texas Commission on Jail Standards 
    Effective date: February 25, 1993 
 Proposal publication date: December 22, 1992 
 For further information, please call: (512) 463-5505 
         
       
  37 TAC sec.301.1, sec.301.2 
 
  The Texas Commission on Jail Standards adopts new sec.301.1 and sec.301.2 
concerning rules of practice in contested cases, without changes to the proposed 
text as published in the December 22, 1992, issue of the Texas Register  (17 
TexReg 9019). 
 Rules in this section will allow for necessary requirements in accordance with 
newly adopted Rules of Procedure by the State Office of Administrative Hearings. 
 Section will specify Commission rules for counties to contest cases dealing 
with commission actions. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Government Code, Chapter 511, which 
provide the Texas Commission on Jail Standards with the authority to adopt, 
amend, and rescind rules for the conduct of its proceedings. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on January 29, 1993. 
 TRD-9318554 
  Jack E. Crump 
 Executive Director 
 Texas Commission on Jail Standards 
    Effective date: February 25, 1993 
 Proposal publication date: December 22, 1992 
 For further information, please call: (512) 463-5505 
         
         Chapter 321. Standards 
  
  37 TAC sec.sec.321.2, 321.6, 321.8, 321.12 
 
  The Texas Department of Criminal Justice-Community Justice Assistance Division 
(TDCJ-CJAD) adopts the repeals of sec. sec.321.2, 321.6, 321.8 and 321.12, 
concerning the administration of community supervision and corrections 
departments, probation officers, facilities, equipment, fiscal and community 
rehabilitation centers, without changes to the proposed text as published in the 
December 4, 1993, issue of the Texas Register  (17 TexReg 8414). 
 These sections are being repealed as a part of the TDCJ-CJAD rule 
recodification process and, without the adoption of these repeals, duplication 
of rules will occur. 
 These sections are prior rules of the Texas Adult Probation Commission (TAPC) 
and are being repealed as part of the recodification process required by the 
reorganization of the Texas Department of Criminal Justice under which TAPC 
became TDCJ-CJAD. 
 No comments were received regarding adoption of the repeals. p>>The repeals and 
recodification are adopted under the Code of Criminal Procedures, Article 42.13, 
sec.2(a) and sec.3(a), which provides TDCJ-CJAD with the authority to establish 
minimum standards for programs, facilities, equipment, and other aspects of the 
operation of departments; establish an application process and procedures for 
funding community corrections facilities; establish a format for community 
justice plans; and to require community supervision and corrections departments 
to keep financial and statistical records; submit a community justice plan; and 
submit periodic financial audits and statistical reports to TDCJ-CJAD. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318700 
  Jackee Cox 
 General Counsel 
 Texas Department of Criminal Justice 
    Effective date: March 1, 1993 
 Proposal publication date: December 4, 1992 
 For further information, please call: (512) 463-9988 
         
         Chapter 323. Fund Distribution 
  
  37 TAC sec.sec.323.1-323.3, 323.5 
 
  The Texas Department of Criminal Justice-Community Justice Assistance Division 
(TDCJ-CJAD) adopts the repeal of sec. sec.323.1-323.3, and 323.5, concerning per 
capita funding, program funding, determination and recovery of judicial district 
adult probation fund surplus, and discretionary grants, without changes to the 
proposed text as published in the December 4, 1992, issue of the Texas Register 
(17 TexReg 8415). 
 These sections are being repealed as a part of the TDCJ-CJAD rule 
recodification process and, without the adoption of these repeals, duplication 
of rules will occur. 
 These sections are prior rules of the Texas Adult Probation Commission (TAPC) 
and are being repealed as part of the recodification process required by the 
reorganization of the Texas Department of Criminal Justice under which TAPC 
became TDCJ-CJAD. 
 No comments were received regarding adoption of the repeals. 
 The repeals and recodification are adopted under the Code of Criminal 
Procedures, Article 42.13, sec.2(a) and sec.3(a), which provides TDCJ-CJAD with 
the authority to establish minimum standards for programs, facilities, equipment 
and other aspects of the operation of departments; establish an application 
process and procedures for funding community corrections facilities; establish a 
format for community justice plans; and to require community supervision and 
corrections departments to keep financial and statistical records; submit a 
community justice plan; and submit periodic financial audits and statistical 
reports to TDCJ-CJAD. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318698 
  Jackee Cox 
 General Counsel 
 Texas Department of Criminal Justice 
    Effective date: March 1, 1993 
 Proposal publication date: December 4, 1992 
 For further information, please call: (512) 463-9988 
         
         Chapter 325. Agency Procedures 
  
  37 TAC sec.325.6, sec.325.12 
 
  The Texas Department of Criminal Justice-Community Justice Assistance Division 
(TDCJ-CJAD) adopts the repeals of sec.325.6 and sec.325.12, concerning fees and 
grant funding, without changes to the proposed text as published in the December 
4, 1992, issue of the Texas Register  (17 TexReg 8415). 
 These sections are being repealed as a part of the TDCJ-CJAD rule 
recodification process and, without the adoption of these repeals, duplication 
of rules will occur. 
 These sections are prior rules of the Texas Adult Probation Commission (TAPC) 
and are being repealed as part of the recodification process required by the 
reorganization of the Texas Department of Criminal Justice under which the TAPC 
became the TDCJ-CJAD. 
 No comments were received regarding adoption of the repeals. 
 The repeals and recodification are adopted under the Code of Criminal 
Procedures, Article 42.13, sec.2(a) and sec.3(a), which provides TDCJ-CJAD with 
the authority to establish minimum standards for programs, facilities, 
equipment, and other aspects of the operation of departments; establish an 
application process and procedures for funding community corrections facilities; 
establish a format for community justice plans; and to require community 
supervision and corrections departments to keep financial and statistical 
records; submit a community justice plan; and submit periodic financial audits 
and statistical reports to TDCJ-CJAD. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318701 
  Jackee Cox 
 General Counsel 
 Texas Department of Criminal Justice 
    Effective date: March 1, 1993 
 Proposal publication date: December 4, 1992 
 For further information, please call: (512) 463-9988 
         
             
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 11. Food Distribution and Processing 
  
  The Emergency Food Assistance Program (TEFAP) 
 
  40 TAC sec.sec.11.6003, 11.6004, 11.6007, and 11.6008 
 
  The Texas Department of Human Services (DHS) adopts amendments to 
sec.sec.11.6003, 11.6004, 11.6007, and 11.6008, concerning applicant 
responsibilities, applicant rights, responsibilities of contracted agencies, and 
reimbursement, in its Food Distribution and Processing rule chapter, without 
changes to the proposed text as published in the December 12, 1992, issue of the  
Texas Register (17 TexReg 8617). 
 The justification for the amendments is to add requirements for the sale, 
transfer, and disposal of commodities and requirements for conducting activities 
unrelated to commodity distribution. The amendments also add information the 
contract manager requests if a claim for reimbursement is submitted after the 
60-day time limit for submitting claims. Other changes consist of minor 
editorial corrections. 
 The amendments will function by clarifying responsibilities of contracted 
agencies and reimbursement of contractors. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 33, which provides the department with the authority to administer public 
and nutritional assistance programs. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 4, 1993. 
 TRD-9318565 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: March 15, 1993 
 Proposal publication date: December 11, 1992 
 For further information, please call: (512) 450-3765 
         
           Chapter 27. Intermediate Care Facility for Mentally Retarded 
  
  Subchapter B. Contracting Requirements 
 
  40 TAC sec.27.203 
 
  The Texas Department of Human Services (DHS) adopts an amendment to sec.27. 
203, concerning provider applications, with changes to the proposed text as 
published in the October 2, 1992, issue of the Texas Register (17 TexReg 6765). 
 The justification for the amendment is to simplify and improve the application 
process and improve the quality of services provided in intermediate care 
facilities for the mentally retarded (ICFs/MR). 
 The amendment will function by improving services to ICF/MR facility residents. 
 During the public comment period, comments were received from the Texas 
Association of Private Residential Resources; B & W Development Centers, Inc.; 
New Avenues of Hope, Inc.; Mission Road Development Center; and Rock House, Inc. 
A summary of the comments and DHS's responses to the comments follows: 
 Comment: One commenter questioned whether the individuals required to attend 
the preapplication training described in subsection (b)(1)(A) and (B) could be 
the same individual. 
 Response: The individuals required to attend the training as defined in 
subsection (b)(1)(A) and (B) may be, in some instances, the same individual. DHS 
is adopting the subsection with a change to clarify this situation. 
 Comment: One commenter questioned what the effect would be on the application 
process if the individuals required to complete preapplication training are 
separated from employment during the application process. 
 Response: DHS is adopting subsection (b)(1)(B) of the rule with a change to 
state that if the individuals' employment status changes prior to the 
application approval by TXMHMR, the application will not be approved but will be 
held in suspense until another appropriate individual completes the training. 
 If the separation from employment occurs after the application has been 
approved, but prior to certification by the Texas Department of Health (TDH), 
the application approval status does not change. 
 Comment: Several commenters submitted comments regarding the proposed 
requirement that applicants seeking referrals or services from the Mental 
Retardation Authority (MRA) must submit a letter from the MRA addressing this 
arrangement. The commenters requested that the reference to referral sources be 
deleted from the rule. 
 Response: DHS has deleted subsection (c)(2)(A)(iv) that required the applicant 
to have a written agreement with the MRA if the applicant intended to use the 
MRA as a referral source. DHS has retained the requirement that the applicant 
submit documentation that the MRA in whose catchment area the proposed facility 
is located has been notified of the development and the facility's admission 
criteria. 
 Comment: One commenter suggested that the rule be amended to clarify that if 
TDH does not certify an applicant within the required nine-month period because 
of an agency scheduling problem, or other agency action that is beyond the 
applicant's control, the applicant should not be subjected to adverse action. 
 Response: DHS agrees and is adopting subsection (d) with a change to clarify 
that if the facility has not obtained certification within the required nine-
month period because of an agency delay that is out of the applicant's control, 
the applicant is not penalized. 
 Applications that are currently pending certification will have nine months 
from March 1, 1993, to obtain certification. 
 In addition to changes resulting from public comments, DHS is adopting the rule 
with the following changes as a result of comments from and discussions with TDH 
and TXMHMR. 
 Subsection (a)(1): The definition of "affiliate" has been added. 
 Subsection (e): The following additions and/or clarifications have been made to 
the text. 
 Language has been added to require that applications that have not received 
approval from TXMHMR within a three-month period from the date of submission 
will be withdrawn from the review process and returned to the applicant for 
completion. 
 In order for an application to be approved by TXMHMR, the application must be 
in compliance with the Plan for New Bed development in the Texas ICF-MR Program. 
If beds are not available for development, the application may not be approved 
and will be held in suspense until beds become available. 
 TXMHMR reserves the right to postpone the approval of any application if the 
applicant is currently under investigation or review for potential fraud, abuse, 
or misuse of Medicaid funds or for any violation for which a sanction could be 
taken under sec.sec.79.2101-79.2304 of this title (relating to Fraud and Abuse 
Involving Medical Providers). 
 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provides the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 
 
  sec.27.203 Provider Applications. 
 
  (a) The words and terms in paragraphs (1)-(3) of this subsection, when used in 
this section, shall have the following meanings, unless the context clearly 
indicates otherwise. 
 
  (1) Applicant-The individual(s) and/or entities specified on DHS's facility 
ownership information form who: 
 
  (A) operate a for-profit organization; 
   
  (B) serve as the authorizing entity for a nonprofit organization; or 
   
  (C) have management or ownership control. 
     
  (2)  Affiliate-An individual or entity associated with the applicant so that 
any one of them directly or indirectly controls or has the power to control one 
another in whole or in part. 
   
  (3) Designated representative-The chief executive officer, the chief financial 
officer, the president or executive director, or other individual who serves in 
an upper management, decision-making capacity and has financial responsibility 
for the proposed facility. 
     
  (b) All applicants for participation in the Intermediate Care Facility for the 
Mentally Retarded (ICF/MR) Program must submit an application to the Texas 
Department of Mental Health and Mental Retardation (TXMHMR) for review and 
approval. The application must include documentation to verify the applicant's 
ability to ensure the delivery of quality care and services. The documentation 
submitted must indicate that: 
 
  (1) the persons specified in subparagraphs (A) and (B) of this paragraph will 
have completed the ICF/MR preapplication training course within six months prior 
to approval of the application. In some situations, one person may serve in both 
capacities. If the person's employment status changes prior to approval of the 
application, approval of the application will be postponed until the appropriate 
persons complete the training: 
 
  (A) the applicant and/or a designated representative, other than a consultant; 
and 
   
  (B) the individual who will be responsible for the direct management of the 
facility; 
     
  (2) the applicant is financially creditable and of good moral character. 
     
  (c) All applications are limited to one level-of-care classification (I, V, 
VI, or VIII) and must meet the requirements specified in paragraphs (1)-(5) of 
this subsection. 
 
  (1) (No change.) 
   
  (2)  The proposed facility is noncontiguous to an already existing residential 
facility which serves individuals with mental retardation or a related 
condition. The proposed facility is in compliance with applicable special use 
permit requirements, local zoning, and/or occupancy code requirements, and 
sec.27.103 of this title (relating to State Licensing Standards) and  sec.27.201 
of this title (relating to Participation Requirements). The proposed facility 
must also meet the specifications described in subparagraphs (A) and (B) of this 
paragraph. 
 
  (A) The applicant must submit information about the proposed facility which 
addresses the services, programs, and plans detailed in clauses (i)-(iv) of this 
subparagraph. 
 
  (i) Availability of 24-hour emergency medical services, utility services, fire 
protection, police and sheriff protection, and waste disposal. 
   
  (ii) Plans for providing opportunities and support for the residents to 
develop and maintain positive relationships with a variety of persons in the 
community, including identification of the transportation resources available to 
the individuals who will reside in the proposed facility. 
   
  (iii) Plans for providing the programmatic and other support services, as 
required by 42 Code of Federal Regulations, Part 483, Subpart D, which are 
appropriate to the individuals who will be residing in the proposed facility. 
 
  (I) If the proposed facility intends to serve individuals who are eligible for 
educational services, the application must include documentation to verify that 
the local school district has been notified of the development of the proposed 
facility. 
   
  (II) If the proposed facility intends to serve individuals who are 22 years of 
age and older, the application must include a description of how the program 
intends to provide and/or support the delivery of vocational, day habilitation, 
or supported employment services. 
   
  (III)  If the services are to be provided by an entity other than the 
applicant or facility, the service provider must submit documentation of his 
intent to provide services to the individuals who will be residing in the 
proposed facility. 
       
  (B) The applicant must submit documentation that the proposed facility is 
located such that no other ICF/MR is within a one-half mile radius of the 
proposed facility. 
     
  (3) A needs assessment has been conducted to include the following. 
 
  (A) The applicant must submit a statement concerning the known number of 
developmentally disabled persons residing in the community and surrounding 
geographic area who can benefit from the services provided by the facility. 
   
  (B) The applicant must submit documentation to verify that the Mental 
Retardation Authority in whose catchment area the proposed facility is located 
has been notified of the development of the proposed facility and the proposed 
facility's admission criteria. The applicant must obtain and submit letters 
which address the need for the facility from at least two of the following 
sources: the superintendent of the state school and/or the executive director of 
the MHMR center in whose catchment area the proposed facility is located, 
advocacy groups, developmental disability service providers and organizations, 
school districts, and/or other appropriate developmental disability referral 
sources. Letters from individuals who have a financial interest in the proposed 
facility are not acceptable. The letters must refer specifically to the proposed 
facility by name and/or address, be current within six months prior to the 
submission of the application, and be printed on the letterhead of the 
acknowledging entity. 
   
  (C) If the facility serves individuals qualifying for Level-of-Care VIII 
services, the applicant must additionally submit documentation that verifies 
that the regional DHS office and at least two other appropriate developmental 
disability referral sources have been notified about the development of the 
proposed facility. 
   
  (D) The applicant must submit a written description of the resident group to 
be served, including admission criteria. 
     
  (4) If the applicant plans to serve individuals qualifying for Level-of-Care I 
or VIII services, the applicant must submit a written description of 
alternatives for semi-independent and independent living available to the 
facility for those individuals who successfully complete the active treatment 
plan and evidence ability to move to a less restrictive placement. In the 
absence of these alternatives, the applicant must present evidence of having 
initiated planning for the development of these alternatives. 
   
  (5) Facilities requesting to reclassify must withdraw from the program in 
accordance with DHS's Texas Community ICF/MR Provider Manual, Item 2560, and 
reapply in compliance with the requirements of this section. This includes new 
facilities seeking to reclassify during the application process prior to initial 
certification and currently certified facilities. 
     
  (d) The applicant has nine months from the date an application for 
participation in the ICF/MR program has been approved by TXMHMR to obtain a 
license and certification by the Texas Department of Health (TDH). If, at the 
end of the nine-month period, the provider is unable to obtain a license and 
certification, the applicant must withdraw the request for program participation 
and reapply in compliance with the requirements of this section. 
 
  (1) TXMHMR may grant applicants a three-month extension for new construction 
delayed by inclement weather, natural disaster, construction strike, or other 
causes beyond the provider's control. New construction does not include 
renovations or modifications to existing structures. The request for the 
extension must be submitted in writing to TXMHMR at least 60 days prior to the 
end of the nine-month period and include documentation to support the 
circumstance which caused the delay. 
   
  (2) If there is an agency delay which is not the fault of the applicant and 
results in failure to obtain licensure and certification within the nine-month 
period, an extension is granted to enable completion of the process. 
   
  (3) If an applicant must change locations following application approval by 
TXMHMR, the change in location must: 
 
  (A) be reported to TXMHMR at least 10 days prior to the actual location 
change; and 
   
  (B) be requested within the first 30 days from the date of the original 
application approval; 
   
  (C) meet all requirements set forth in this section and be approved by TXMHMR, 
ICF/MR Section; 
   
  (D) remain within the same geographic region as the previously approved 
location, as defined in the TXMHMR's Plan for New Bed Development in the Texas 
ICF/MR Program; 
   
  (E) not alter the applicant's ability to obtain a license and certification 
within the nine-month time period set forth in this subsection. 
       
  (e) All applications for participation in the ICF/MR Program will be reviewed 
within three weeks of receipt in the TXMHMR, ICF/MR Section. Applications must 
meet all requirements set forth in this section to receive approval for 
participation and be in compliance with TXMHMR's Plan for New Bed Development in 
the Texas ICF-MR Program. Applications that have not received approval from 
TXMHMR within a three-month period from the date submitted will be withdrawn 
from the review process and returned to the applicant for completion. TXMHMR 
reserves the right to postpone the approval of any application if the applicant 
or an affiliate is currently under investigation or review for potential fraud, 
abuse, or misutilization of Medicaid funds or for any violation for which a 
sanction could be taken under sec.sec.79.2101-79.2304 of this title (relating to 
Fraud and Abuse Involving Medical Providers). As necessary, TXMHMR, ICF/MR 
Program staff will contact the applicant to facilitate completion of the 
application process. Upon approval, TXMHMR will notify the TDH that the facility 
can begin the licensing and certification survey processes. The contract for 
services is dependent on compliance with the provisions of this section. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 8, 1993. 
 TRD-9318686 
  Nancy Murphy 
 Agency liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: March 1, 1993 
 Proposal publication date: October 2, 1992 
 For further information, please call: (512) 450-3765 
         
               Chapter 48. Community Care for the Aged and Disabled 
  
  Medicaid Waiver Program for Persons with Related Conditions 
 
  40 TAC sec.48.2102, sec.48.2103 
 
  The Texas Department of Human Services (DHS) adopts amendments to sec.48. 2102 
and sec.48.2103, concerning definitions and eligibility criteria, without 
changes to the proposed text as published in the January 1, 1993, issue of the 
Texas Register (18 TexReg 36). 
 The justification for the amendment to sec.48.2103 is to require an applicant 
for the Community Living Assistance and Support Services (CLASS) program to move 
into the geographic catchment area within 120 days from the date the applicant's 
name is removed from the waiting list and begins the CLASS enrollment process. 
Section 48.2102 is amended to add the definition of "participant." 
 The amendments will function by more accurately reflecting DHS's policy 
concerning eligibility criteria. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 5, 1993. 
 TRD-9318642 
  Nancy Murphy 
 Agency liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: March 15, 1993 
 Proposal publication date: January 1, 1993 
 For further information, please call: (512) 450-3765 
         
             Part IV. Texas Commission for the Blind 
  Chapter 167. Business Enterprise Program 
  
  40 TAC sec.167.3 
 
  The Texas Commission for the Blind adopts an amendment to sec.167.3, 
concerning the Business Enterprises Manual, without changes to the proposed text 
as published in the November 24, 1992, issue of the Texas Register  (17 TexReg 
8230). 
 The section is necessary to update rules governing the administration of the 
Business Enterprises Program. 
 Section 167.3 provides the administrative rules which govern the Business 
Enterprises Program's operations. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code, Title 5, Chapter 94, 
sec.94.12, which provide the Texas Commission for the Blind with the authority 
to promulgate rules. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on February 3, 1993. 
 TRD-9318608 
  Pat D. Westbrook 
 Executive Director 
 Texas Commission for the Blind 
    Effective date: March 1, 1993 
 Proposal publication date: November 24, 1992 
 For further information, please call: (512) 459-2600