EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control 37 TAC sec.91.59, sec.91.63 The Texas Youth Commission (TYC) adopts on an emergency basis amendments to sec.91.59, concerning use of force and sec.91.63, concerning mechanical restraint equipment. The amendments require TYC staff to place youth in approved ankle cuffs during transportation to a high or maximum restriction program, and allow TYC staff to place youth in approved equipment to restrict movement during transportation when the behavior of the youth prior to or during transportation leads staff to believe the youth will attempt to escape or engage in violent behavior or self harm. The amendments are adopted on an emergency basis to ensure the safety of the driver, passengers, and the public when TYC youth are being transported. The amendments are adopted on an emergency basis under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission authority to make rules appropriate to the proper accomplishment of its functions. sec.91.59. Use of Force. (a) (No change.) (b) Rules. (1) (No change.) (2) Criteria for Use. The use of physical force (to restrain or compel movement) is limited to instances of: (A)-(D) (No change.) (E) prevention of escapes or attempted
    [including] escapes. [attempts, and use during transportation when: [(i) the youth has a history of escape or violent behavior; or [(ii) behavior of the youth prior to or during transportation lead staff to believe the youth will attempt to escape and/or engage in violent behavior; and] (F) (No change.) (G) transportation, when circumstances create a risk of escape or harm. (i) Mechanical ankle restraints shall be used when a youth is being transported to a high or maximum restriction program. (ii) Mechanical ankle and/or hand restraints may be used when a youth's behavior prior to or during transportation leads staff to believe the youth is likely to attempt to escape, engage in violent behavior, or harm himself if not restrained. (3)-(5) (No change.) sec.91.63. Mechanical Restraint Equipment. (a) (No change.) (b) Rules. (1)-(2) (No change.) (3) Approved Equipment. The following restraint devices are approved for use by TYC staff. All other devices are specifically disapproved. (A)-(E) (No change.) (F) Locked Waist Band
      [Belts]-A cloth, [or] leather, or metal
        band fastened around the waist. The belt is used to secure the arms to the sides or front
          of the body. (G)-(J) (No change.) Issued in Austin, Texas, on April 3, 1995. TRD-9504018 Steve Robinson Executive Director Texas Youth Commission Effective date: April 3, 1995 Expiration date: August 1, 1995 For further information, please call: (512) 483-5244