ADOPTED RULES 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 1. ADMINISTRATION Part IX. State Aircraft Pooling Board Chapter 181. General Provisions 1 TAC sec.181.8 The State Aircraft Pooling Board adopts the repeal of sec.181.8, concerning fees to be charged agencies using services provided, without changes to the proposed text as published in the April 7, 1995, issue of the Texas Register (20 TexReg 2573). The section is being repealed so that a substantially revised section may be adopted. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Government Code, Title 10, Chapter 2205, sec.2205.010, which provides the board the authority to adopt rules for conducting business. No other code or article is affected by this repeal. 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 May 10, 1995. TRD-9505673 Jerald A. Daniels Fiscal Officer State Aircraft Pooling Board Effective date: May 31, 1995 Proposal publication date: April 7, 1995 For further information, please call: (512) 477-8900 1 TAC sec.181.8 The State Aircraft Pooling Board adopts new sec.181.8, concerning charges for services provided to other agencies, without changes to the proposed text as published in the April 7, 1995, issue of the Texas Register (20 TexReg 2573). Section 181.8 is being adopted to specify rates to be determined by the governing board and rates to be determined by agency staff subject to governing board review. The effect of the new section will be clarification of those responsible for setting rates/charges for services provided to other state agencies. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, Title 10, Chapter 2205, sec.2205.010, which provides the board the authority to adopt rules for conducting business. No other code or article is affected by this new rule. 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 May 10, 1995. TRD-9505674 Jerald A. Daniels Fiscal Officer State Aircraft Pooling Board Effective date: May 31, 1995 Proposal publication date: April 7, 1995 For further information, please call: (512) 477-8900 TITLE 13. CULTURAL RESOURCES Part II. Texas Historical Commission Chapter 11. Administrative Department 13 TAC sec.11.10 The Texas Historical Commission adopts the repeal of sec.11.10, concerning charges for copies of public records, without changes to the proposed text as published in the December 9, 1994, issue of the Texas Register (19 TexReg 9710). This section is being repealed in order to implement the provisions of House Bill 1009, Chapter 428, Acts, 73rd Legislature, Regular Session (1993), regarding the cost of providing public records and the charges that state agencies may set to recover the full cost of providing copies of, or access to, public records. No comments were received regarding the repeal of this rule. The repeal is adopted under Texas Government Code, Chapter 442, sec.442. 005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Chapter 442, Texas Government Code. 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 authority. Issued in Austin, Texas, on May 8, 1995. TRD-9505575 Curtis Tunnell Executive Director Texas Historical Commission Effective date: May 31, 1995 Proposal publication date: December 9, 1994 For further information, please call: (512) 463-5768 The Texas Historical Commission adopts new sec.11.10, concerning charges for copies of public records, without changes to the proposed text as published in the December 9, 1994, issue of the Texas Register (19 TexReg 9711). The new rule implements the provisions of House Bill 1009, Chapter 428, Acts, 73rd Legislature, Regular Session (1993), regarding the cost or providing copies of, or access to, public records. The copying charges will be consistent with those of other state agencies. No comments were received regarding adoption of the new rule. The new rule is adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442. 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 May 3, 1995. TRD-9505576 Curtis Tunnell Executive Director Texas Historical Commission Effective date: May 31, 1995 Proposal publication date: December 9, 1994 For further information, please call: (512) 463-6100 Chapter 19. Texas Main Street Project 13 TAC sec.19.6 The Texas Historical Commission adopts an amendment to sec.19.6, concerning the Urban Main Street Program, without changes to the proposed text as published in the January 17, 1995, issue of the Texas Register (20 TexReg 273). The amendment is adopted in order to ensure the further success of the Urban Main Street program. The amendment will function by providing the City Council and the co-sponsoring non-profit organization to provide financial support for the Urban Main Street Program for five years. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442. The Government Code, Chapter 442 is affected in this amendment. 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 May 5, 1995. TRD-9505577 Curtis Tunnell Executive Director Texas Historical Commission Effective date: May 31, 1995 Proposal publication date: January 17, 1995 For further information, please call: (512) 463-6100 TITLE 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 305. Licenses for Pari-mutuel Racing Subchapter B. Individual Licenses Specific Licensees 16 TAC sec.305.42 The Texas Racing Commission adopts an amendment to sec.305.42, concerning owners, with changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1603). The amendment is adopted to ensure pari-mutuel racing is of the highest integrity. The amendment requires the owner of a race animal to be licensed before the owner may enter the animal in a pari-mutuel race in this state. The amendment is technical in nature in that it reflects current licensing requirements contained in another commission rule. The changes from the proposed text clarify that other licensees associated with a race animal may enter the animal in a stakes race. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.7.02, which authorize the commission to adopt rules specifying the qualifications and experience for occupational licenses. sec.305.42. Owners. (a) Except as otherwise provided by this subsection, the owner of a horse or greyhound, as listed on the animal's registration paper, must obtain an owner's license before the horse or greyhound may be entered in a race. A horse or greyhound may be entered in a stakes race without the owner first obtaining a license, but the owner must obtain a license before the horse or greyhound may start in the stakes race. A person may not be licensed as an owner if the person is not the owner of record of a properly registered race animal which the person intends to race in Texas. (b)-(e) (No change.) 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 May 9, 1995. TRD-9505609 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 16 TAC sec.305.44 The Texas Racing Commission adopts an amendment to sec.305.44, concerning trainers, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1603). The amendment is adopted to ensure that pari-mutuel racing will be of the highest integrity. The amendment requires the trainer of a race animal to be licensed before the trainer may enter the animal in a pari-mutuel race in this state. The amendment is technical in nature in that it reflects current licensing requirements contained in another commission rule. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.7.02, which authorize the commission to adopt rules specifying the qualifications and experience for occupational licenses. 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 May 9, 1995. TRD-9505619 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Chapter 309. Operation of Racetracks Subchapter B. Horse Racetracks Facilities for Employees 16 TAC sec.309.184 The Texas Racing Commission adopts an amendment to sec.309.184, concerning keeping pets on the grounds of a pari-mutuel racetrack, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1604). The amendment is adopted to attract high quality trainers and horses currently running in other states. The amendment restricts to dogs the requirements relating to vaccinations and running at large. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorize the commission to adopt rules relating to all aspects of the operation of pari-mutuel racetracks. 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 May 9, 1995. TRD-9505610 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Subchapter C. Greyhound Racetracks Operations 16 TAC sec.309.355 The Texas Racing Commission adopts an amendment to sec.309.355, concerning the grading system for greyhounds, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1604). The amendment is adopted to give the racing secretary increased flexibility in writing races and to permit the racing secretary to better use the greyhounds available on the grounds. The amendment permits a greyhound racetrack to conduct up to four mixed grade races each week. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorize the commission to adopt rules relating to all aspects of the operation of pari-mutuel racetracks. 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 May 9, 1995. TRD-9505611 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Chapter 311. Conduct and Duties of Individual Licensees Subchapter B. Specific Licensees Licensees for Horse Racing 16 TAC sec.311.159 The Texas Racing Commission adopts an amendment to sec.311.159, concerning conduct in the stable area, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1604). The amendment is adopted to attract high quality trainers and horses currently running in other states. The amendment restricts to dogs the requirements relating to vaccinations and running at large. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorize the commission to adopt rules relating to all aspects of the operation of pari-mutuel racetracks. 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 May 9, 1995. TRD-9505612 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Chapter 313. Officials and Rules of Horse Racing Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.103 The Texas Racing Commission adopts an amendment to sec.313.103, concerning eligibility requirements, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1605). The amendment is adopted to attract high quality trainers and horses currently running in other states. The amendment deletes redundant references to licensing requirements and clarifies the need for registration papers to be on file for eligibility to start in a race. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to all aspects of the operation of pari-mutuel racetracks. 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 May 9, 1995. TRD-9505613 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter B. Treatment of Horses 16 TAC sec.319.102 The Texas Racing Commission adopts an amendment to sec.319.102, concerning the veterinarian's list, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1605). The amendment is adopted to allow more horses to be available for racing at racetracks with 96- or 72- hour entry rules. The amendment permits a horse that is on the veterinarian's list to be entered into a race provided the horse is scheduled to be removed from the list by the day of the race. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorize the commission to adopt rules relating to all aspects of the operation of pari-mutuel racetracks. 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 May 9, 1995. TRD-9505614 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter A. Regulation and Totalisator Operations Mutuel Tickets 16 TAC sec.321.32 The Texas Racing Commission adopts an amendment to sec.321.32, concerning the expiration date of mutuel tickets, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1606). The amendment is adopted to make the procedure for cashing outstanding tickets and forwarding the remainder to the state more efficient and effective. The amendment states that a mutuel ticket expires on the 60th day after the end of the calendar year in which the ticket was purchased. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.11.01, which authorize the commission to adopt rules regulating pari-mutuel wagering. 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 May 9, 1995. TRD-9505615 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Subchapter C. Simulcast Wagering General Provisions 16 TAC sec.321.204 The Texas Racing Commission adopts an amendment to sec.321.204, concerning approval of wagering on simulcast races, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1606). The amendment is adopted to make the finest races available in this state for pari-mutuel wagering. The amendment makes all graded races and stakes races with purses of $50, 000 or more races of national or historic interest for purposes of incoming simulcasts. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.11.01, which authorize the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, which authorizes the commission to adopt rules to implement simulcasting. 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 May 9, 1995. TRD-9505616 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 16 TAC sec.321.207 The Texas Racing Commission adopts an amendment to sec.321.207, concerning the duties of the sending racetrack, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1606). The amendment is adopted to permit simulcasting in situations where a dedicated circuit is impractical. The amendment permits a sending racetrack to transmit wagering information via a dial-up telephone line rather than a dedicated circuit provided the executive secretary has approved. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.11.01, which authorize the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, which authorizes the commission to adopt rules to implement simulcasting. 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 May 9, 1995. TRD-9505617 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 Common Pool Wagering 16 TAC sec.321.276 The Texas Racing Commission adopts an amendment to sec.321.276, concerning manually merging common pools, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1607). The amendment is adopted to make manual merges available more often, thereby facilitating the commingling of pools. The amendment permits a manual merge to be accomplished if approved by other mutuel officials in the absence of the presiding steward or racing judge. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.11.01, which authorize the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, which authorizes the commission to adopt rules to implement simulcasting. 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 May 9, 1995. TRD-9505618 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: June 1, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 794-8461 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 1. Executive Administration Vacancies 31 TAC sec.1.3 The Texas General Land Office and the School Land Board adopts an amendment to sec.1.3, concerning fees, without changes to the proposed text as published in the April 4, 1995, issue of the Texas Register (20 TexReg 2506). This rule is being amended to include the fee schedule for marinas which are not located in Clear Lake and/or are used for non-residential purposes. This fee schedule was inadvertently omitted in the February 14, 1992, issue of the Texas Register. The rule will re-confirm the coastal easement fee schedule for marinas. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.sec.33.051, 33.052, 33.063, and 33.064, which provides the General Land Office and/or the School Land Board with the authority to set and collect reasonable fees for granting leases, easements, and permits, and to make and enforce rules consistent with the law. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 9, 1995. TRD-9505649 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: May 30, 1995 For further information, please call: (512) 305-9129 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 157. State Jail Felony Facilities The Texas Department of Criminal Justice adopts amendments to sec.sec.157.1, 157.5, 157.10, 157.21, 157.23, 157.25, 157.27, 157.31, 157.33, 157.35, 157.37, 157.39, 157.41, 157.43, 157.45, 157.47, 157.49, 157.51, 157.53, 157.55, 157. 57, 157.59, 157.61, 157.63, 157.73, 157.75, 157.77, 157.79, 157.81, 157.83, 157.85, 157.87, 157.89, 157.91, 157.93, 157.95, and 157.97, concerning the operation and design of state jails. Sections 157.23, 157.33, 157.35, 157.37, 157.39, 157.49, 157.81, 157.91, and 157.95 are adopted with changes to the proposed text as published in the April 4, 1995, issue of the Texas Register (20 TexReg 2507). Sections 157.1, 157.5, 157.10, 157.21, 157.25, 157.27, 157.31, 157.41, 157.43, 157.45, 157.47, 157.51, 157.53, 157.55, 157.57, 157.59, 157.61, 157.63, 157.73, 157.75, 157.77, 157.79, 157.83, 157.85, 157. 87, 157.89, 157.93, and 157.97 are adopted without changes and will not be republished. The amendments are permitted by Chapter 507 and sec.492.013(a), Government Code. The effect of the amendments is to strengthen the disciplinary process and requirements and enhance requirements relating to confinee searches and use of force incidents. They address attorney/client visitation, the process to approve volunteers, co-gender confinement, special needs offenders, and the access/use of telephones. The amendments clarify staff and confinee interaction, visitation requirements, and requirements for ADA and for rehabilitative treatment. Clarification was also made regarding confinees' right to access to courts, possession and search of personal legal material and access to programs and services. Amendments define employee minimum standards and establish requirements for due diligence to fill vacant positions. Physical plant standards required for offender programs were re-defined and requirements were established to receive project schedules and staffing plans for approval by the division. The words "confinee" and "inmate" were changed to "offender" to establish consistent terminology known systemwide, and the words "administrative segregation" were changed to "special management" for a broader reference. Definitions were also added for the words "qualified," "variance," "waiver" and "facility administrator." Amendments were also made to eliminate redundancies and correct wording irregularities. The amendments will enable, in operational facilities, the public safety benefit of confinement of felony offenders in facilities funded by the state. The following comments were received, agreed upon, and incorporated into the standards as published on April 4, 1995: Vice President of Operations for Wackenhut Corporation recommended that specifications for the perimeter fence concrete footing should be considered for future new construction. Director of the Center for Criminal Justice Initiatives recommended that the role the Texas Department of Criminal Justice-Internal Affairs Section will play in state jails should be addressed. Medical Director for the Texas Tech University of Health Sciences Center-Correctional Health Services, suggested that a section on Preventive Medicine (preventive steps to be taken against HIV, TB, HVB, etc.) should be included. TDCJ Assistant Director for Health Services, recommended requiring accreditation according to the National Commission on Correctional Health Care Standards for Health Services in Prisons instead of Health Services in Jails. TDCJ Administrator, Grievance Procedures, recommended the State Jail Division include a requirement for an independent review of all facility level decisions made on inmate grievances. Facility Administrator, Travis County State Jail/Wackenhut Corp., recommended allowing hair care services to be based on facility design. TDCJ-ID Office for Disciplinary Coordination, recommended that the length of retention on confinee disciplinary records should be extended to at least two years. It was also recommended that some form of due process to place a confinee in protective custody needs to be addressed. TDCJ-ID Deputy Director for Operations, recommended that the requirement of daily recreation for offenders in disciplinary detention be deleted. It was also recommended typographical changes for clarification and correction of text. The following changes were made without input from the public: sec.157.21 (a) , a typographical error was corrected ("objective" to "objectives"), and in sec.157.33 (26) (D), a redundency was corrected ("confinees inmates" to "offenders"). The following comments were not agreed upon nor incorporated into the standards: A commenter suggested that open mail and publication requirements and inspections would place an extreme burden on facility staff. The State Jail Division agrees that mail room work is burdensome, but it is an unavoidable operational charge that is manageable. The commenter questioned the appropriateness of the standards' reference to deadly use of force for state jail felons. The State Jail Division feels the reference is appropriate in cases where extreme life-threatening incidents occur. There may, in fact, be a need for deadly force when all other actions have been tried and found ineffective. The commenter was also concerned that a conflict existed between the standards' requirement for equal opportunity and its restriction of co-gender confinement. The State Jail Division sees no conflict in the referenced standards. Male and female confinee housing on the same unit shall not be co-mingled, but that does not preclude the requirement for equal opportunity for access to all programs, education, etc. The commenter recommended that the standards could more clearly define the due process requirements for both major and minor hearings. The State Jail Division disagrees; the standards may be general, however, they require specific directives to be developed on the due process for hearings. Subchapter A. Admissions and Allocations. 37 TAC sec.sec.157.1, 157.5, 157.10 The amendments are adopted under the Government Code, sec.492.013(a) and Chapter 507, which respectively give the Board of Criminal Justice authority to adopt rules and govern the implementation of state jail felony facilities. 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 May 10, 1995. TRD-9505661 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: May 31, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 463-9693 Subchapter B. Operational Standards 37 TAC sec.sec.157.21, 157.23, 157.25, 157.27, 157.31, 157.33, 157.35, 157.37, 157.39, 157.41, 157.43, 157.45, 157.47, 157.49, 157.51, 157.53, 157.55, 157.57, 157.59, 157.61, 157.63, The amendments are adopted under the Government Code, sec.492.013(a) and Chapter 507, which respectively give the Board of Criminal Justice authority to adopt rules and govern the implementation of state jail felony facilities. sec.157.23. Administration, Management, and Operations. (a) General administration. Each state jail facility will have a written body of policy and procedure which establishes the facility's goals, objectives, standard operating procedures, and a system of regular review. (b) Purpose and mission. Each facility will have a written document delineating the facility's mission, as approved by the TDCJ. This document is reviewed by TDCJ staff at least annually and updated as needed. (c) Policy and goal formulation. The facility administrator will formulate goals for the facility at least annually and translate them into measurable objectives. (d) Employee participation. The facility administrator will establish a process to provide that employees participate in the formulation of policies, procedures, and programs. (e) Outside participation. The facility administrator will, through written policy, procedure, and practice, demonstrate that related community agencies with which the facility has contact participate in policy development, coordinated planning, and interagency consultation. (f) Table of organization. Each facility will have a written document describing the facility's organization. The description includes an organizational chart that groups similar functions, services, and activities in administrative subunits. This document is reviewed annually, and specifies the roles and functions of employees of other agencies providing a service to the facility. (g) Policies and procedures manual. The policies and procedures for operating and maintaining the facility and its satellites shall be specified in a manual that is accessible to all employees and the public. Any policies and procedures that may compromise the security of the facility may be withheld from the public. This manual shall be reviewed at least annually and updated as needed. These manuals will be submitted for approval by the State Jail Division Director 60 days prior to acceptance of offenders into the facility. Offenders cannot be accepted into the facility until approval is granted by TDCJ. Changes to the manuals must have the approval of the State Jail Division Director prior to implementation of those changes. (h) Monitoring and assessment. The facility administrator will develop written policy, procedure, and practice to provide that operations and programs that are monitored through inspections and reviews. This regular self-monitoring of operations and programs will be separate from external or continuous inspection conducted by other agencies, including TDCJ audits and inspections. (i) Routine reports. The facility administrator shall ensure that quarterly reports on the facility's activities are provided to the TDCJ and the community justice councils for that region. These reports are in writing and include major developments in each department or administrative unit, major incidents, population data, assessment of staff and offender morale, and major problems and plans for solving them. (j) Media access. The facility administrator shall, through written policy, procedure, and practice, grant representatives of the media access to the facility consistent with preserving offender's right to privacy and maintaining order and security. (k) Waiver. The TDCJ may grant a waiver, to a state jail facility administrator/operator, from a state jail facility standard upon receipt and approval of a request for waiver by the State Jail Division Director. The request for waiver must include a plan to comply with said standard by a specific date, and an explanation as to why the facility is not currently in compliance with said standard. If the waiver is approved by the State Jail Division Director, the waiver becomes part of the audit record for compliance with that standard. (l) Compliance with standards. Compliance with all state jail standards is required of all agencies, governmental units, individuals, and private operators responsible for the operations and/or provision of services, in whole or in part, of TDCJ state jail facilities. (m) Budget. The facility administrator shall operate from an annual budget in a manner consistent with good accounting practices and approved by the TDCJ. The budget shall be prepared and submitted to the TDCJ budget office in a format as required and within the provisions as outlined by the TDCJ budget office. (n) Complaint notice. Each facility administrator shall have posted, in conspicuous public and common areas of each facility, a sign notifying offenders and members of the public that they can direct written complaints to the TDCJ. The sign shall include the mailing addresses for the state jail division, the community justice assistance division and TDCJ internal affairs. sec.157.33. Security and Control. The facility shall use a combination of supervision, inspection, accountability, and clearly defined policies and procedures on use of force to promote safe and orderly operations. (1) Operations manual. Each facility will develop and maintain a manual containing all procedures for facility security and control, with detailed instructions for implementing these procedures. The manual is available to all staff, reviewed at least annually and updated if necessary. In the case of facilities operated by TDCJ, the State Jail Division Director shall develop and maintain a uniform operations manual. (2) Correctional officer assignments. Facility administrators shall ensure that correctional officer posts are located in or immediately adjacent to offender areas to permit officers to be deployed in such a manner as to ensure safety and security. (3) Security staff. The facility administrators shall ensure that the facility has the staff needed to provide full coverage of designated security posts, full surveillance of offenders, and to perform all ancillary functions. (4) Post orders. Each facility will maintain written orders for every correctional officer post. These orders are reviewed annually and updated if necessary. (5) Personnel notification. Written policy, procedure, and practice will provide that personnel read the appropriate post order each time they assume a new post and sign and date the post order. (6) Co-ed staffing. Facility administrators shall ensure that when both male and female offenders are housed in the facility, at least one male and one female staff member are on duty at all times. (7) Co-gender confinement. Except as specified by divisional policy, male and female offenders housed on the same unit shall not be co-mingled. (8) Prohibition of offender authority. Facility administrators shall ensure that no offender or group of offenders is given control or authority over other offenders. (9) Permanent log. Facility administrators will ensure that written policy, procedure, and practice require that correctional staff maintain a permanent log and prepare shift reports that record routine information, emergency situations, and unusual incidents. (10) Patrols and inspections. Facilities will maintain written policy, procedure, and practice to ensure that supervisory staff conduct a daily patrol, including holidays and weekends, of all areas occupied by offenders and submit a daily written report to their supervisor. Unoccupied areas are to be inspected weekly. (11) Regular observation by corrections officers. Every facility will develop a security staffing plan that provides visual, face-to-face observation of all offenders by corrections officers on a continuous basis. At least one corrections officer shall be provided on each floor where offenders are housed and sufficient officers must be provided to meet the continuous observation requirement. (12) Offender counts. The facility shall have a system for physically counting offenders. The system includes strict accountability for offenders assigned to work medical, educational or program activities involving absence from the facility, and other approved temporary absences. (13) Offender movement. Each facility will maintain written policy, procedure, and practice to provide that staff regulate offender movement. (14) Offender transportation. Facility administrators will ensure that written policy and procedure govern the transportation of offenders outside the facility and from one jurisdiction to another. (15) Use of restraints. Facility administrators shall ensure that written policy, procedure, and practice provide that instruments of restraint, such as handcuffs, irons, and straight jackets, are never applied as punishment and are applied only with the approval of the facility administrator or designee. This policy shall include a description of the routine use of restraints. (16) Control of contraband. Facility administrators shall establish written policy, procedure, and practice to require facility shakedowns and pat searches of offenders to control contraband and provide for its disposal. (17) Searches. Searches shall be conducted in a manner consistent with division policy. (18) Controlled access and use of keys. Each facility will develop and maintain written policy and procedure to detail the control and use of keys. (19) Tools and equipment. Each facility will develop and maintain written policy and procedure to govern the control and use of tools and culinary and medical equipment. (20) Monitoring system. Security areas may have electronic monitoring systems to assist in offender supervision and enhance the overall security of the facility. Monitoring systems may be used to supplement and reduce corrections officers, but will not be used as a replacement for minimum security personnel requirements. (21) Security equipment. Facility administrators will ensure that written policy and procedure govern the availability, control, and use of chemical agents and related security devices and specify the level of authority required for their access and use. Chemical agents are used only with the authorization of the facility administrator or designee. (22) Emergency distribution. Facility administrators will ensure that written policy, procedure, and practice provide that the facility maintains a written record of routine and emergency distributions of security equipment. (23) Security equipment inventory. Facility administrators will ensure that firearm, chemical agents, and related security equipment are inventoried at least monthly to determine their condition and expiration dates. (24) Written reports. Facility administrators shall require that personnel discharging firearms, using chemical agents or any other weapon, or any other security equipment to control offenders, with the use of force, submit written reports to the facility administrator or designee no later than the conclusion of the tour of duty. (25) Injuries. Facility administrators will ensure that written policy, procedure, and practice provide that all persons injured in an incident receive immediate medical examination and treatment. (26) Use of force. Written policy and procedure should conform with the TDCJ Use of Force Plan. (27) Use of weapons. Facility administrators will develop written policy and procedure to govern the use of weapons and include the following listed requirements. (A) Security equipment is subjected to stringent safety regulations and inspections. (B) Firearms, chemical agents and other security items are stored in separate but readily accessible facility armories that are outside confinee housing and activity areas. (C) Except in emergency situations, firearms and security equipment such as batons are permitted only in designated areas to which confinees have no access. (D) Employees supervising confinees inmates outside the facility perimeter follow procedures for the security of security equipment. (E) Employees are instructed to use deadly force only after other actions have been tried and found ineffective, and only when the employee believes that a person's life is immediately threatened. (F) Employees on duty only use weapons or other security equipment that have been approved through the facility and only when directed by or authorized by the facility administrator. (28) Fire safety. Each facility will maintain written policy and procedure to specify the facility's fire prevention regulations and practices to ensure the safety of staff, offenders and visitors. They include, but are not limited to, the following: (A) provision for an adequate fire protection service; (B) a system of fire inspection and testing of equipment at least quarterly; (C) an annual inspection by local or state fire officials or other qualified person(s); and (D) availability of fire hoses or extinguishers at appropriate locations throughout the facility. (29) Monthly inspections. Facility administrators will ensure that written policy, procedure, and practice provide for a comprehensive and thorough monthly inspection of the facility by a qualified collateral duty officer for compliance with safety and fire prevention standards. There is a weekly fire and safety inspection of the facility by a qualified departmental staff member. This policy and procedure is reviewed annually and updated as needed. (30) Flammable, toxic, and caustic materials. Each facility will maintain written policy, procedure, and practice to govern the control and use of all flammable, toxic, and caustic materials. (31) Emergency power and communications. Facility administrators will develop and implement written policy, procedure, and practice to provide for a communications system within the facility and between the facility and community in the event of urgent, special, or unusual incidents or emergency situations. (32) Maintenance. There shall be a written plan for routine and preventive maintenance of the physical plant; the plan includes provisions for emergency repairs or replacement in life-threatening situations. (33) Emergency plans. Facility administrators will ensure that facility personnel are trained in the implementation of written emergency plans. (34) Evacuation procedures. Each facility will maintain a written evacuation plan to be used in the event of fire or major emergency. The plan is certified by an independent, outside inspector trained in the application of national fire safety codes and is reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The plan includes the following: (A) location of building/room floor plans; (B) use of exit signs and directional arrows for traffic flow; (C) location of publicly posted plan; (D) at least quarterly drills in all facility locations, including administrative areas; and (E) staff drills even when evacuation of offenders may not be included. (35) Emergency release. Facility administrators will ensure that written policy, procedure, and practice specify the means for the immediate release of offenders from locked areas in case of emergency and provide for a backup system. (36) Work stoppage. Each facility will maintain written plans that specify the procedures to be followed in situations that threaten facility security. Such situations include but are not limited to: natural disasters; riots; hunger strikes; disturbances; work stoppages; and the taking of hostages. These plans are made available to all applicable personnel, are reviewed at least annually and updated as needed. (37) Escapes. Facility administrators will ensure that there are written procedures regarding escapes; these procedures are reviewed at least annually and updated if necessary. (38) Internal affairs investigations. TDCJ Internal Affairs may investigate allegations at state jail facilities in accordance with TDCJ State Jail Directives. TDCJ Internal Affairs will have primary responsibilities for investigations or excessive/unnecessary force, harassment and retaliation, inmate death, major criminal investigations, escapes (per TDCJ escape plan) and will assist in major staff misconduct inquiries when requested by the facility administrator. (39) Internal affairs access to information. TDCJ Internal Affairs shall have complete and unrestricted access to inmate/staff records, etc., when conducting official inquiries. Office space and support shall be provided to TDCJ Internal Affairs when at a facility on official business. sec.157.35. Rules and Discipline. The facility rules of conduct, sanctions, and procedures for violations are defined in writing and communicated to all offenders and staff. Disciplinary procedures are carried out promptly and with respect for due process. (1) Rules of conduct. Facility administrators shall provide all offenders and staff with written rules of offender conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation. The written rules are reviewed annually and updated if necessary. (2) Disciplinary Process. Each facility Administrator shall implement and enforce a written plan established by the division for disciplinary procedures and staff management of discipline problems. The plan shall provide for uniform application of disciplinary rules among all offenders and for maintaining, as part of the offender's file, a written record of all formal disciplinary actions, investigations, and sanctions. Such records shall be made available to the court, the CSCD, and/or the parole authority under whose jurisdiction the offender is confined. Formal disciplinary procedures shall include a notice of charges, a fair and impartial hearing, the right to introduce evidence and statements of evidence. (3) Rulebook. During facility orientation, a rulebook that contains all chargeable offenses, ranges of penalties, and disciplinary procedures is given to each offender and is translated into those languages spoken by significant numbers of offenders. When a literacy or language problem prevents an offender from understanding the rulebook, a staff member or interpreter will assist the offender in understanding the rules. Each staff member shall be given a copy of the rulebook. (4) Training requirements. Facility administrators shall ensure that all personnel who work with offenders shall receive sufficient training so that they are thoroughly familiar with the rules of offender conduct and the rationale for the rules, and the sanctions available. (5) Resolution of infractions. When appropriate, disciplinary infractions may be resolved informally, including verbal or written reprimand. More serious or recurring infractions may result in formal disciplinary actions. Written policy, established by the division, will distinguish between and define minor and major infractions, the range of applicable sanctions, and the degree of due process protection required. Formal disciplinary actions may be appealed through the grievance procedures. (6) Criminal violations. Each facility will establish written policy, procedure, and practice to provide that, when a offender allegedly commits an act covered by criminal law, the case is referred to appropriate court or law enforcement officials for consideration for prosecution. (7) Prehearing action. Facility administrators shall ensure that written policy, procedure, and practice specify that, when an alleged rule violation is reported, an appropriate investigation is begun within 24 hours of the time the violation is reported and is completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation. (8) Prehearing detention. The disciplinary procedures shall include a provision for prehearing detention of offenders who are charged with a rule violation. The offender's confinees prehearing status shall be reviewed by the facility administrator or designee within 72 hours, including weekends and holidays. (9) Written statement of charges. Facility administrators shall ensure that written policy, procedure, and practice provide that an offender charged with a rule violation receives notice of charges through a written statement of the charge(s), including a description of the incident and specific rules violated. The offender is given the statement within 30 calendar days of discovery of the alleged incident, but no less than 24 hours prior to the disciplinary hearing. (10) Presence at hearing. Facility administrators shall ensure that written policy and procedure provide that offenders charged with rule violations are present at the hearing, unless they waive that right in writing or through behavior. Offenders may be excluded during the testimony of any offender whose testimony must be given in confidence. The reasons for the offender's absence or exclusion are documented. (11) Disciplinary hearing. Each facility shall maintain written policy, procedure, and practice to provide that offenders charged with rule violations receive a hearing as soon as practicable but no later than 20 calendar days from the date the offender received notice of charges. Offenders shall be notified of the time and place of the hearing. A hearing may be held within 24 hours with the offender's written consent. (12) Postponement or continuance. Each facility shall maintain written policy, procedure, and practice to provide for postponement or continuance of the disciplinary hearing for reasonable period and good cause. (13) Conduct of hearing. Each facility shall maintain written policy, procedure, and practice to provide that disciplinary hearings on rule violations are conducted by an impartial person or panel of persons. A record of the proceedings is made and maintained for at least two years. A tape recording of all major disciplinary hearings will be made and retained as part of the hearing file to serve as an objective record of the hearing and to facilitate, when necessary, a response to a grievance concerning an action that took place in the hearing. (14) Offender rights. Each facility shall maintain written policy, procedure, and practice to provide that offenders have an opportunity to make a statement and present documentary evidence at the hearing and can request witnesses on their behalf. The reasons for denying such a request are stated in writing. (15) Offender assistance. Each facility shall maintain written policy, procedure, and practice to provide that a staff member or agency representative assist offenders at disciplinary hearings if requested. A representative is appointed when it is apparent that an offender is not capable of collecting and presenting evidence effectively on his or her own behalf. sec.157.37. Special Management and Protective Custody. Offender who threaten the secure and orderly management of the facility may be removed from the general population and placed in special units. Offenders requiring protection from other offenders for reasons of health or safety may be placed in special management under protective custody status. (1) General policy. Each facility shall maintain written policy, procedure, and practice to govern the operation, assignment to, and supervision of offenders under special management. (2) Immediate special management housing. The facility administrator or shift supervisor can order immediate special management housing when it is necessary to protect the offender or others. That action is reviewed within 72 hours by the appropriate authority as designated in the policy. (3) Assignment to special management under protective custody status. Facility administrators shall ensure that written policy, procedure, and practice provide that an offender is admitted to protective custody status when there is documentation that protective custody is warranted. (4) Disciplinary detention. Disciplinary detention shall be governed by sec.157.35 of this title (relating to Rules and Discipline). (5) Status review. Facility administrators shall establish written policy, procedure, and practice to provide for a review of the status of offenders in special management every seven days for the first two months and at least every 30 days thereafter. The facility administrator shall designate staff responsible for this review. (6) Review process. Facility administrators shall ensure that written policy, procedure, and practice specify the review process used to release an offender from special management. (7) Daily visits. Facility administrators shall ensure that written policy and procedure provide that offenders in special management receive daily visits from the chief security officer or shift supervisor, member of the program staff, and a qualified health care provider three times per week as specified in the Health Services Policy and Procedure Manual. (8) Log. Facility administrators shall ensure that written policy, procedure, and practice provide that staff operating special management units maintain a permanent log. (9) General conditions of confinement. Facility administrators shall ensure that all offenders in special management units are provided prescribed medication, clothing that is not degrading, and access to basic personal items for use in their cells unless there is imminent danger that an offender will have access to an item that will be destroyed, used for self-injury, or used to injure another person. Meals for offenders in special management shall be of the same quantity and quality as the meals provided to offenders in general population. (10) Ongoing services. Facility administrators shall insure that offenders in special management units receive laundry, barbering, hair care services and are issued and exchanged, bedding and linen on the same basis as offenders in the general population. Exceptions are permitted only when found necessary by the senior officer on duty; any exception is recorded in the unit log and justified in writing. (11) Action report. Each facility will maintain written policy and procedure to provide that whenever an offender in special management is deprived of any usually authorized item or activity, a report of the action is made and forwarded to the facility administrator. (12) Programs and services for special management units. Facility administrators shall ensure written policy, procedure, and practice provide that offenders in special management units can write and receive letters on the same basis as offenders in the general population. (13) Visitation and telephone privileges. Facility administrators will ensure written policy, procedure, and practice provide that offenders in special management units have opportunities for visitation and access to telephones unless there are substantial reasons for withholding such privileges. (14) Access to legal materials. Each facility shall maintain written policy, procedures, and practice to provide that offenders in special management units have access to legal materials, counsel, and the courts. (15) Access to reading materials. Each facility shall maintain written policy, procedure, and practice to provide that offenders in special management units have access to reading materials. (16) Exercise outside of cell. Facility administrators shall ensure written policy, procedure, and practice provide that offenders in special management units receive a minimum of one hour of exercise per day outside their cells, unless security or safety considerations dictate otherwise. Daily recreation is not required for offenders sentenced to disciplinary detention. sec.157.39. Offender Rights. The facility protects the safety and constitutional rights of offenders and seeks a balance between expression of individual rights and preservation of facility order. (1) Access to courts. Each facility will maintain written policy, procedure, and practice to ensure offender access to courts in conformity with the laws and the Constitution of the United States and the State of Texas. (2) Access to counsel. Each facility will maintain written policy, procedure, and practice to ensure and facilitate offender access to counsel and assist offenders in making confidential contact with attorneys and their authorized representatives; such contact includes, but is not limited to, telephone communications, uncensored correspondence, and visits. (3) Attorney/client visiting. Attorneys may arrange visits with offenders by making a request through the warden/facility administrator's office 24 hours in advance of the requested time. Visits will be visually supervised by security staff, but such visits will take place out of the normal hearing range of the officer. Visiting attorneys will not be searched; their property, however, may be searched for physical contraband. Attorneys and offenders may exchange written materials directly. Where practical and possible, attorneys may request telephone contact with their clients in lieu of an attorney visit. Special requests by offenders to phone attorneys will be considered only when unusual circumstances occur. Wardens/facility administrators will be responsible for approving any such special requests. (4) Access to law library. Each facility will maintain written policy, procedure, and practice to provide that offenders have access to legal materials, as specified by division policy, to help them with criminal, civil, and administrative legal matters. Indigent offenders shall have access to paper, writing materials, postage, and other supplies and services related to legal matters. (5) Personal legal material. The facility administrator will maintain policy, procedure, and practice to allow the offender to keep legal materials. The amount of legal material will not exceed the storage space assigned to the offender. Personal legal material may be searched for contraband. Legal materials may not be read for content without proper authorization. (6) Access to programs and services. Facility administrators shall insure written policy, procedure and practice provide that program access, work assignments, and administrative decisions are made without regard to the offender's race, religion, national origin, sex, or political views and that such placement is within the guidelines set forth by the offender's medical and classification restrictions. (7) Special management. Offenders in special management because of behavioral problems should be provided with programs conducive to their well-being. (8) Protective custody status. Offenders in protective custody status should be allowed to participate in as many of the programs afforded the general population, providing such participation does not threaten facility security. (9) Equal opportunity. Where males and females are housed in the same facility, equal opportunities shall be provided for participation in programs and services. They are provided separate sleeping quarters but equal access to all available services and programs. Neither sex is denied opportunities solely on the basis of their smaller number of the total population. (10) Offender communications. Each facility shall maintain written policy, procedure, and practice to grant offenders the right to communicate or correspond with persons or organizations, subject only to the limitations necessary to maintain order and security. (11) Grievance procedures. Facility administrators shall ensure that there is a written offender grievance procedure that is made available to all offenders which includes at least one level of appeal. An independent review of grievance decisions made at facility level may be conducted by the State Jail Division. (12) Offender requests. Each facility shall maintain a written policy describing the manner in which offenders may make written requests of the staff. (13) Prohibition of harassment. There will be no harassment of or retaliation against any offender for exercising their access to the courts or filing a grievance. sec.157.49. Health Care. The facility provides comprehensive health care services by qualified personnel to protect the health and well-being of offenders. (1) Standards for health services in jails. To ensure quality services, each state jail facility shall obtain and maintain accreditation with the National Commission on Correctional Health Care as described in the Standards for Health Services In Prisons. (2) Delivery of services. Each facility shall maintain written policy and procedure to provide for the delivery of health care services, including medical, dental, and mental health services, under the control of a designated health authority. When this authority is other than a physician, final medical judgments rest with a single designated responsible physician licensed in the state. Arrangements are made with health care specialists in advance of need. The health authority shall systematically determine health care personnel requirements in order to provide offender access to health care staff and services. (3) Responsible authority. Facility administration shall ensure written policy, procedure, and practice provide that all medical, psychiatric, and dental matters involving medical judgment are the sole province of the responsible physician and dentist, respectively. (4) Quarterly meetings and reports. Each facility shall maintain written policy, procedure, and practice to provide that the health authority meets with the facility administrator at least quarterly and submits annual statistical summaries and quarterly reports on the health care delivery system and health environment. (5) Annual review. Each policy, procedure, and program in the health care delivery system shall be reviewed at least annually by the appropriate health care authority and revised if necessary. Each document bears the date of the most recent review or revision and signature of the reviewer. (6) Continuity of care. The facility's health administrator shall ensure that written policy, procedure, and practice require continuity of care from admission to discharge from the facility, including referral to community care when indicated. (7) Unimpeded access to care. Facility administrators shall ensure that written policy and procedure require that offenders' health complaints are solicited daily, acted on by health-trained correctional personnel, and followed by appropriate triage and treatment by qualified health personnel. (8) Twenty-four hour emergency care. Facility administrators shall ensure that written policy and procedure require that the facility provide 24-hour emergency medical and dental care available as outlined in a written plan, that includes provisions for the following arrangements: (A) on-site emergency first aid and crisis intervention; (B) emergency evacuation of the offender from the facility; (C) use of an emergency medical vehicle; (D) use of one or more designated hospital emergency rooms or other appropriate health facilities; (E) emergency on-call physician, dentist, and mental health professional services when the emergency health facility is not located in a nearby community; and (F) security procedures providing for the immediate transfer of offenders when appropriate. (9) Preventive Medicine. Each facility administrator shall maintain written policy, procedure, and practice to provide for preventive treatment, therapy and patient education regarding communicable diseases. (10) Personnel. Appropriate state and federal licensure, certification, or registration requirements and restrictions shall apply to personnel who provide health care services to offenders . The duties and responsibilities of such personnel are governed by written job descriptions approved by the health authority. Verification of current credentials and job descriptions shall be on file in the facility. (11) Offender assistants. The facility administrator will ensure written policy, procedure, and practice provide that offenders are not used for the following duties: (A) performing direct patient care services; (B) scheduling health care appointments; (C) determining access of other offenders to health care services; (D) handling or having access to surgical instruments, syringes, needles, medications, or health records; and (E) operating diagnostic or therapeutic equipment. 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 May 10, 1995. TRD-9505659 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: May 31, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 463-9693 Subchapter C. Physical Plant Standards 37 TAC sec.sec.157.73, 157.75, 157.77, 157.79, 157.81, 157.83, 157.85, 157.87, 157.89, 157.91, 157.93, 157.95, 157.97 The amendments are adopted under the Government Code, sec.492.013(a) and Chapter 507, which respectively give the Board of Criminal Justice authority to adopt rules and govern the implementation of state jail felony facilities. sec.157.81. Building and Safety. Compliance with professional building and fire safety codes helps to ensure the safety of all persons within each facility. (1) Building codes. Each facility shall conform to the editions of the following codes, standards, and regulations, including their supplements current at the completion of contract documents unless federal, state, or local laws require otherwise (Subject to paragraph (3) of this section). The design shall reference these codes and standards in the applicable section of the documents: (A) Uniform Building Code and UBC Standards; (B) Uniform Plumbing Code; (C) Uniform Mechanical Code; (D) Uniform Fire Code; (E) National Electrical Code, NFPA Number 70; (F) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code; (G) American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE): (i) Handbook of Equipment; (ii) Handbook of HVAC Systems and Applications; (iii) Handbook of Refrigeration Systems and Applications; (iv) Handbook of Fundamentals; (v) Handbook of Systems; (vi) ASHRAE Standard 55-1992, Thermal Environmental Conditions for Human Occupancy; (vii) ASHRAE Standard 62-1989, Ventilation for Acceptable Indoor Air Quality; (viii) ASHRAE Standard 90.1-1989, Energy Conservation in New Building Design; (ix) ASHRAE Standard 100.5-1991, Energy Conservation in Existing Buildings- Institutional; (H) Underwriters Laboratories, Inc. (UL); (I) American Society for Testing and Materials (ASTM) Standards in Building Codes; (J) American Water Works Association (AWWA); (K) National Electrical Manufacturers Association (NEMA); (L) Sheet Metal and Air Conditioning Contractors National Association (SMACNA); (M) American Gas Association (AGA) Certification Standards; (N) National Sanitation Foundation (NSF) standards and approvals for kitchen and scullery equipment, and NSF Standard Number 2 in particular; (O) American Concrete Institute (ACI); (P) National Concrete Masonry Association Specification for the Design and Construction of Load-Bearing Concrete Masonry; (Q) American Institute of Steel Construction (AISC); (R) American Iron and Steel Institute (AISI) Specification for the Design of Cold-Formed Steel Structural Members; (S) American Welding Society (AWS); (T) American National Standards Institute (ANSI); (U) United States Americans with Disabilities Act; (V) Texas Elimination of Architectural Barriers; (W) National Commission on Correctional Health Care Standards for Health Services in Prisons; (X) Federal Aviation Administration Regulations; (Y) United States Environmental Protection Agency-National Primary Drinking Water Regulations; (Z) Stormwater-40 Code of Federal Regulations (CFR) 122-26; (AA) Antiquities: (i) 36 CFR 800; (ii) National Historic Preservation Act of 1966, as amended; (iii) Texas Natural Resource Code, Title 9, Chapter 191; (BB) Wetlands: (i) 33 CFR 320; (ii) 40 CFR 230; (iii) Clean Water Act, sec.404; (iv) Texas Natural Resources Code, Chapters 31, 33, 50; (CC) Endangered Species: (i) 49 CFR; (ii) 50 CFR sec.17.11 and sec.17.12, 200-599; (iii) Endangered Species Act of 1973, 16 USC 1531-1544; (iv) Migratory Bird Treaty Act, 16 USC 703-712; (v) Texas Parks and Wildlife Code, Chapters 67, 68, 88. (2) The designer will consider and apply, where relevant, the editions current at the completion of contract documents of the codes or standards of the following organizations, and will reference them in the applicable section of the documents, as follows: (A) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code; (B) American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE): (i) Handbook of Equipment; (ii) Handbook of HVAC Systems and Applications; (iii) Handbook of Refrigeration Systems and Applications; (iv) Handbook of Fundamentals; (v) Handbook of Systems; (vi) ASHRAE Standard 55-1981, Thermal Environmental Conditions for Human Occupancy; (vii) ASHRAE Standard 62-1981, Ventilation for Acceptable Indoor Air Quality; (viii) ASHRAE Standard 9OA-1980, Energy Conservation in New Building Design; (ix) ASHRAE Standard 100.5-1981, Energy Conservation in Existing Buildings- Institutional; (C) Underwriters Laboratories, Inc. (UL); (D) American Society for Testing and Materials (ASTM) Standards in Building Codes; (E) American Water Works Association (AWWA); (F) National Electrical Manufacturers Association (NEMA); (G) Sheet Metal and Air Conditioning Contractors National Association (SMACNA); (H) American Gas Association (AGA) Certification Standards; (I) National Sanitation Foundation (NSF) standards and approvals for kitchen and scullery equipment, and NSF Standard Number 2 in particular; (J) American Concrete Institute (ACI); (K) National Concrete Masonry Association Specification for the Design and Construction of Load-Bearing Concrete Masonry; (L) American Institute of Steel Construction (AISC); (M) American Iron and Steel Institute (AISI) Specification for the Design of Cold-Formed Steel Structural Members; (N) American Welding Society (AWS); (O) American National Standards Institute (ANSI). (3) Fire codes. Each unit shall conform to the edition current at the completion of contract documents of the National Fire Prevention Association (NFPA) National Fire Codes and Life Safety Code NFPA Number 101. Compliance is documented on a regular basis by the authority having jurisdiction. The authority approves any variances, exceptions, or equivalencies that do not constitute a serious life safety threat to the unit occupants. NFPA 101 shall govern over the codes and standards listed in paragraphs (1) and (3) of this section, where contradictions occur. sec.157.91. Program and Service Facilities. Adequate space is essential for the various programmatic, non-programmatic and service functions conducted on each unit. (1) Outdoor recreation. Offenders of different security levels shall not be commingled in outdoor or indoor recreation areas. An outdoor recreation area shall be provided specifically for each housing unit and shall accommodate all of the offenders at one time from within that housing unit. Outdoor recreation areas shall provide 100 net square feet per offender and each yard shall have a maximum capacity of 216 offenders. (2) Indoor recreation. Indoor gymnasiums and/or covered exercise areas may be provided. They shall contain at least six square feet per offender for the total number of offenders in the facility with a minimum ceiling height of 18 feet. Indoor or covered exercise areas shall contain not less than 1,000 square feet of unencumbered space. In the event indoor recreation is not provided, the outdoor areas must provide covered tables and seating for 10% of the offenders assigned to that recreation area, and other activity areas that are deemed appropriate for offender exercise and recreation. (3) Special management recreation. Outdoor exercise areas for special management offenders shall accommodate one offender and shall contain at least 350 square feet. The number of special management outdoor exercise areas shall be at least 8.0% of the number of special management cells. (4) Visiting. Non-contact visitation booths shall total .5% of the total offender population. Sufficient space is provided for contact, attorney, and non-contact visitation. There is adequate space to permit the screening and searching of offenders and visitors. Appropriate hygiene facilities are contained in the areas allowing for convenient access consistent with security concerns. Space is provided for the proper storage of visitors' coats, handbags, and other personal items not allowed into the visiting area. (5) Offenders programs. A state jail facility shall be designed to accommodate a minimum of 50 percent of the offender population in a classroom, group counselling or laboratory setting (hereinafter referred to as a classroom), excluding day rooms, for three hours each day, providing a minimum of 30 square feet per student per classroom and a maximum of 25 students per classroom. At least one multipurpose room shall be provided that will accommodate up to eighty offenders with retractable partitions whereby the room can be subdivided for use as classrooms. (6) Library. Facilities shall contain a central library book repository of fiction and nonfiction reading and a separate legal resource library to meet the needs of the institutional staff and offenders. Book distribution may occur either in a central reading room or through a delivery system to the offender housing areas. (7) Counseling. Facilities shall provide office space for counselors at the rate of one counselor per 150 offenders. Offender counseling may occur in any other functional spaces (e.g., dayrooms of subject offenders, classrooms, multi- purpose rooms, etc.). (8) Food service and dining. Each facility shall provide a central kitchen for the daily preparation of meals in accordance with sec.157.45(12) of this title (relating to Food Service). Equipment and spaces shall be arranged to provide adequate security with the least number of corrections officers. (A) Food preparation. The size of the food preparation areas shall be determined by TDCJ and will be based on population size, type of food preparation, and methods of meal service. (B) Food storage. Provide appropriate and sanitary facilities for both dry and/or refrigerated storage of all foods. (C) Dining facilities. Facilities shall provide central dining or shall provide meal service within the offender housing area. In all cases meals shall be served within two and one-half hours while giving each offender 20 minutes of dining time for each meal. (D) Restrooms. Toilet and lavatory facilities are available to food service personnel and offenders in the vicinity of the food preparation area. (E) Staff dining. Facilities shall provide a dining area for institutional staff. (F) In-cell feeding. Meals may be served to offenders assigned to dormitories or multiple-occupancy cells either in central dining rooms or in their dayrooms. Offenders assigned to special management cells and medical isolation cells shall have their meals served in their cells. (G) Grease interceptor. Plumbing systems shall prohibit the introduction of excessive amounts of grease and/or suspended solids into the sewer system. (H) Hot storage. Provide secure storage space for controlled ingredients. (I) Shakedown. Provide shakedown area for offender work crews. (J) Security division. Provide appropriate secure divisions between functional areas of the kitchen and dining. (9) Housekeeping. Space is provided for janitorial closets which are accessible to activity and living areas. The closets provide space for a sink, cleaning implements, and supplies in proportion to the spaces served. (10) Clothing and supplies. The unit provides space for the storage and issuance of clean clothing, bedding, cleaning supplies, and other items required for daily operations. (11) Personal property. Space is provided for storing authorized personal property and legal material of offenders safely and securely. (12) Mechanical and electrical equipment. Separate and adequate space is provided for mechanical and electrical equipment. (13) Offender commissary. Adequate space is provided at each unit for an offender commissary. The commissary should be centralized. (14) Offender mail. Facilities shall provide adequate space to receive, sort, and distribute incoming offender mail and receive and forward outgoing offender mail. (15) Health services. Based on the availability of outside services, TDCJ will determine the health service requirements of the facility. Facilities shall provide adequate space for the following functions subject to the TDCJ's determination. (A) Exam rooms. Provide examination and treatment rooms for medical, dental, and mental health care large enough to accommodate the necessary equipment and fixtures, and to permit privacy for the offender-patients. (B) Offices and storage. Provide sufficient space for pharmaceuticals, medical supplies and mobile emergency equipment and for storage of medical records. Provide office space with administrative files, writing desks, and shelves for publications. (C) Psychiatric services. Provide private interviewing spaces, desks, chairs, and lockable file space for the provision of psychiatric services. (D) Radiology and laboratory. If laboratory, radiological, inpatient, or specialty services are provided on site, the area(s) devoted to any of these services is appropriately constructed and sufficiently large to hold equipment and records and for the provisions of the services themselves. (E) Waiting area. Provide a waiting area with seats, drinking water, and access to toilets for offender-patients during sick call. Provide separate and secure waiting areas for offenders undergoing medical in-processing. (F) Medical isolation cells. Medical isolation cells shall comply with sec.157.87(4) of this title (relating to offender Housing). (G) Review. Unless otherwise directed by the TDCJ, the design of health services facilities shall comply with the written review of the Texas Department of Health. (16) Centralized laundry. Based on the availability of outside laundry services, the TDCJ will determine which facilities shall provide central laundries. Space and equipment for the laundering of offender clothing and bedding shall comply with the requirements of sec.157.47 of this title (relating to Sanitation and Hygiene). (17) Maintenance. Facilities shall provide secure and adequate space for equipment, materials storage, fabrication, repairs, and administration for the maintenance of the physical plant and grounds. (18) Multi-purpose rooms. Facilities shall provide at least one multi-purpose room for each group of 216 offenders in the offender housing unit. Each multi- purpose room shall contain at least 600 square feet. (19) Hair care services. Facilities shall provide space for hair care services. Hair care services shall comply with applicable health regulations. (20) Interview rooms. Facilities shall provide at least one interview room per group of 108 offenders in the offender housing units. Interview rooms shall contain at least 72 square feet. (21) Chaplains area. Facilities shall provide adequate space and equipment for the conduct and administration of religious programs. Religious programs may utilize other offender program spaces wherever possible (e.g., classrooms with operable partitions). sec.157.95. Security. The physical plant and layout supports and enhances the secure and orderly function of each facility. The design of the facility shall minimize the number of corrections officers required to maintain adequate supervision through prudent arrangement of buildings and spaces. (1) Central control rooms. Every unit has a secure central control room which provides a 24-hour monitoring and coordinating of the security, safety, and communications systems. This control room shall provide one hour protection from non-ballistic assault. Transparent glazing shall meet WMFL Level Two test standards for this criteria. The central control room shall provide access to a lavatory and toilet. (2) Control rooms. Areas containing groups of 216 or less offenders shall provide a secure control room. These control rooms provide for 24 hour monitoring and coordinating of the security, safety and communication system of that housing area group. These control rooms shall provide 30 minute protection from non-ballistic assault. Transparent glazing shall meet WMFL Level Three test standards for this criteria. (3) Pedestrian sallyport. All offender areas are separated from public and staff areas with pedestrian sallyports consisting of two electronically interlocked doors such that both doors are not simultaneously open except in emergency. (4) Vehicle sallyport. All vehicle entrances at the security perimeter and offender reception unloading areas shall be made secure by remotely controlled electrically operated doors or gates for entrance and exit. The doors or gates shall be electronically interlocked so that both sides of the vehicle sallyport are not open at the same time. (5) Security perimeter. The facility shall be enclosed with a perimeter fence at an average distance of 100 feet from buildings within the facility, but not less than 50 feet. The size of the concrete footing for the perimeter fence should be greater than 8 inches wide and 24 inches deep. The area between the buildings shall be devoid of trees and other features that obscure surveillance of this area by security staff. Facilities may provide guard towers to ensure full view by security staff of the entire length of the inner fence surface of the security perimeter. Guard towers shall be tall enough for mutual observation from all towers. The maximum distance between guard towers shall be 750 feet. Facilities located in a county designated as an "a" region by the Board of Criminal Justice in sec.157.5 of this title (relating to Regional Allocation Policy), are exempt from the secure perimeter fence requirement when structure walls encompass the entire security compound. Security systems such as intrusion systems or electronic systems may be used to enhance security at such a facility. (6) Entrances and exits. Pedestrians and vehicles enter and leave at designated points in the perimeter. Safety vestibules, turnout gates, and sallyports constitute the only breaches in the perimeter of institutions. All offender areas are separated from public areas by two electronically interlocked doors such that both doors are not simultaneously open except in emergency. These doors shall be operated from inside secure control rooms or from outside the perimeter security fences. (7) Security equipment storage. Firearms, chemical agents, and other security items are stored in separate, but readily accessible unit armories which are outside offender housing and activity areas. (8) Offender reception. The TDCJ will determine if the facility provides offender reception areas and, if so, they shall comply with the following standards. (A) Vehicle sallyport. A vehicle sallyport shall be situated at the offender entrance to the offender reception area. The sallyport shall accommodate a 46- passenger bus and the vehicle travel path shall provide for the door side of the bus to be adjacent to the building. (B) Holding rooms. Offender reception areas shall provide holding rooms to accommodate the maximum number of offenders anticipated to arrive at one time. (C) Detoxification cells. Facilities shall provide one or more detoxification cells. (D) Shakedown area. Offender reception areas shall provide an enclosed, heated area for an initial strip search of arriving offenders. (E) Property and necessities handling area. Offender reception areas shall provide secure spaces for staff to receive and inventory offender property and distribute necessities. (F) Barber area. Offender reception areas shall provide adequate space and equipment to cut the hair of incoming offenders. (G) Showers. Offender reception areas shall provide adequate showers in accordance with sec.157.87(20) of this title (relating to Offender Housing). (H) Fingerprinting. Offender reception areas shall provide adequate space and equipment for fingerprinting offenders. (I) Photo ID. Offender reception areas shall provide adequate space and equipment for the production of a photo identification card for each offender. (J) Assessment. Offender reception areas shall provide at least one private interview room of at least 64 square feet for the initial classification interview. (K) Incoming offender property. Offender reception areas shall provide adequate secure space for the storage, packing, and shipment of incoming offender property. (L) Incoming offender necessities. Offender reception areas shall provide adequate secure storage space for offender necessities. (M) Reception waiting areas. Offender reception areas shall provide adequate space and benches for offenders waiting for the various steps in their processing. (N) Pedestrian sallyports. Offender reception areas shall be adjacent to and separated from multiple-occupancy offender housing and classification processing areas with pedestrian sallyports. (O) Commingling. Offender reception areas shall prohibit contact between processed and unprocessed offenders. (P) Security. The physical arrangement of spaces provides for adequate supervision of offenders by the least number of security staff from the time the offenders leave the bus until they leave the offender reception area. (Q) Offender reception housing. Facilities shall provide separate housing for offenders undergoing assessment diagnostic processing. (9) Visitor reception. The facility shall provide adequate space outside the security perimeter to receive public visitors. The visitor reception area shall contain public restrooms, a secure control room, and a pedestrian sallyport through the security perimeter. (10) Special management offender property. Facilities shall provide adequate space to temporarily store unauthorized offender possessions while that offender is assigned to special management. (11) Fire road. Facilities shall provide roads within the security perimeter affording firefighting vehicles and equipment adequate access to all buildings. The distance from the fire road to the inner surface of the security perimeter shall be at least 30 feet. 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 May 10, 1995. TRD-9505660 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: May 31, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 463-9693 Chapter 159. Special Programs 37 TAC sec.sec.159.3, 159.5, 159.7 The Texas Department of Criminal Justice adopts new sec. sec.159.3, 159.5, and 159.7 concerning memoranda of understandings, without changes to the proposed text as published in the April 4, 1995, issue of the Texas Register (20 TexReg 2523). New sec.159.3 adopts by reference a memorandum of understanding between the Texas Department of Criminal Justice, the Texas Department of Mental Health and Mental Retardation and Community Mental Health/Mental Retardation Authorities/Centers concerning continuity of care for offenders with mental illness or mental retardation. New sec.159.5 is a memorandum of understanding between the Texas Department of Criminal Justice and the Texas Commission for the Blind, Texas Commission for the Deaf and Hearing Impaired, Texas Rehabilitation Commission, Texas Department of Human Services, and the Texas Department of Health concerning continuity of care for offenders with physical disabilities and terminal or significant illnesses. New sec.159.7 is a memorandum of understanding between the Texas Department of Criminal Justice, Texas Department on Aging, and the Texas Department of Human Services concerning continuity of care system for elderly offenders. The new sections enable compliance with state law requiring the continuity care for special needs offenders to facilitate the reintegration of special needs offenders into society. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.507.006, which gives the Board of Criminal Justice the authority to adopt rules and Title 7, Texas Health and Safety Code, Chapter 614. 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 authority. Issued in Austin, Texas, on May 10, 1995. TRD-9505651 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: May 31, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 463-9693 Part XIII. Texas Commission on Fire Protection Chapter 421. Standards for Certification 37 TAC sec.421.5 The Texas Commission on Fire Protection adopts an amendment to sec.421.5, concerning standards for certification, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1407). The justification for the section is that the additional route for meeting college hour requirements for higher levels of certification will encourage more fire protection personnel to take courses from the National Emergency Training Center (including NFA and EMI courses) resulting in a more skilled and knowledgeable fire service. The amendment provides clarification of the definition of "college credits" to include courses presented through the National Emergency Training Center and recognized by the American Council on Education. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to establish standards for advanced fire protection personnel positions. 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 May 9, 1995. TRD-9505580 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 30, 1995 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 Chapter 425. Fire Protection Instructor Subchapter A. Fire Service Instructor Certification 37 TAC sec.425.3 The Texas Commission on Fire Protection adopts an amendment to sec.425.3, concerning minimum standards for basic fire service instructor certification, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1407). The justification for the section is clarification of the requirements for fire service instructor certification. The amendment to subsection (a)(2)(B) adds the word "fire" to clarify the type of protection training required. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(3), which provides the commission the authority to certify persons as qualified fire protection personnel instructors under conditions the commission prescribes. 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 May 9, 1995. TRD-9505581 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1996 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 Subchapter C. Fire Education Specialist Certification 37 TAC sec.425.303 The Texas Commission on Fire Protection adopts an amendment to sec.425.303, concerning minimum standards for basic fire education specialist certification, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1407). The justification for the section is clarification of the requirements for fire education specialist. The amendment to subsection (a)(1)(B) adds wording to provide clarity of the text and correct a typographical omission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(3), which provides the commission the authority to certify persons as qualified fire protection personnel instructors under conditions the commission prescribes. 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 May 9, 1995. TRD-9505582 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1996 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 Chapter 427. Certified Training Facilities 37 TAC sec.427.3 The Texas Commission on Fire Protection adopts an amendment to sec.427.3, concerning training facilities, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1408). The justification for the section is clarification of facilities required for live fire training for various disciplines of fire protection personnel trained at the approved academy. The amendment changes the wording to clarify the minimum resources for interior and exterior live fire training that are required for certification as a certified training facility by reference to the basic curriculum pertaining to the discipline the facility is approved to teach. Comments received from City of San Antonio, Department of Aviation are summarized as follows. The commenter questioned whether the proposed training facilities which teach the basic aircraft rescue and fire protection curriculum to conduct interior live fire training using an aircraft mockup. The commenter noted that the only facility with an aircraft mockup with interior live fire capacity was DFW Airport and questioned cost estimates if travel and costs of using the DFW facility were considered. The Texas Commission on Fire Protection disagrees with the commenter that any additional costs would result from the rule change for the reason that the current basic aircraft rescue and fire protection curriculum does not require interior live fire training using an aircraft mockup. The rule change imposes the requirement of a structure suitable for live fire training only on a training facility that teaches a curriculum that includes interior live fire training. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(2), which provides the commission the authority to certify facilities operated for training fire protection personnel or recruits. 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 May 9, 1995. TRD-9505583 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1996 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 Chapter 431. Minimum Standards for Fire and Arson Investigator 37 TAC sec.431.7 The Texas Commission on Fire Protection adopts an amendment to sec.431.7, concerning minimum standards for fire and arson investigator certification, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1408). The justification for the section is clarification of the requirements for advanced fire and arson investigator certification. The amendment changes the prerequisite for an Advanced Fire and Arson Investigator certificate to an Intermediate Fire and Arson Investigator certificate to correct a typographical error. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to establish minimum standards for admission to employment as fire protection personnel and for advanced or specialized fire protection personnel positions. 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 May 9, 1995. TRD-9505584 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1996 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 Chapter 435. Firefighter Safety 37 TAC sec.435.7 The Texas Commission on Fire Protection adopts new sec.435.7, concerning fire department staffing studies, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1409). The justification for the section is that the new rule provides fire departments and other interested persons with information pertinent to staffing studies that can aid in evaluating the needs of fire departments at no cost. The new section provides for assistance by identifying information to be maintained by the commission pertinent to fire department staffing studies. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.022(a)(4), which provides the commission with authority to assist in performing staffing studies for fire departments. 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 May 9, 1995. TRD-9505585 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1996 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 Chapter 437. Fees 37 TAC sec.437.15 The Texas Commission on Fire Protection adopts an amendment to sec.437.15, concerning fees for proficiency examination, without changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1409). The justification for the section is to minimize the cost of the examination fee to persons who test at a training facility that provides field proctors. The amendment clarifies the amount of the fee to be charged for a performance skills examination administered at a training facility that provides field proctors, and the amount of the fee to be charged at Austin, or another place designated by the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.026(b), which provides the commission with authority to set and collect a fee for each examination given to fire protection personnel. 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 May 9, 1995. TRD-9505586 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 30, 1995 Proposal publication date: February 28, 1995 For further information, please call: (512) 918-7184 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 15. Medicaid Eligibility The Texas Department of Human Services (DHS) adopts amendments to sec.15. 435 and sec.15.610, without changes to the proposed text as published in the April 4, 1995, issue of the Texas Register (20 TexReg 2524). The amendments are justified to track Community Care for the Aged and Disabled (CCAD) Program rules allowing retroactive reimbursement for 1929(b) services for up to three months prior to the client's application. The amendments will function by ensuring that agency rules will be consistent with the Medicaid and CCAD programs. The department received no comments regarding adoption of the amendments. Subchapter D. Resources 40 TAC sec.15.435 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provide 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. The amendment implements the Human Resources Code sec. sec.22.001-22.024 and sec.sec.32.001-32.042. 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 authority. Issued in Austin, Texas, on May 8, 1995. TRD-9505561 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: July 1, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 450-3765 Subchapter G. Application for Medicaid 40 TAC sec.15.610 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provide 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. The amendment implements the Human Resources Code sec. sec.22.001-22.024 and sec.sec.32.001-32.042. 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 authority. Issued in Austin, Texas, on May 8, 1995. TRD-9505562 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: July 1, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 450-3765 Part I. Texas Rehabilitation Commission Chapter 104. Informal and Formal Appeals by Applicants/Clients of Decisions by a Rehabilitation Counselor or Agency Official 40 TAC sec.sec.104.1-104.6 The Texas Rehabilitation Commission (TRC) adopts amendments to sec.sec.104. 1- 104.6, concerning the Informal and formal appeals by applicants/clients of decisions by a rehabilitation counselor or agency official, without changes to the proposed text as published in the April 7, 1995, issue of the Texas Register (20 TexReg 2610). The justification for the amendments as adopted will be to increase awareness to members of the public and those who represent applicants and clients before the Commission of the substantive rules used by the Commission in applicant and client hearings. No comments were received regarding adoption of the amendments. The amendment are adopted under Texas Human Resource Code, Title 7, sec.111. 018, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section as necessary to carry out the purpose of this chapter. 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 May 8, 1995. TRD-9505669 Charles W. Schiesser General Counsel, Office of the General Counsel Texas Rehabilitation Commission Effective date: May 31, 1995 Proposal publication date: April 7, 1995 For further information, please call: (512) 483-4051