EMERGENCY 
 RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part III. Texas Commission on Alcohol and Drug Abuse 
  Chapter 145. Treatment Alternatives to Incarceration Programs 
  
  General Provisions 
 
  40 TAC sec.sec.145.1-145.7 
 
  The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis 
the repeal of sec.sec.145.1-145.7, concerning treatment alternatives to 
incarceration programs (TAIP). These rules are being repealed because the TAIP 
program has been eliminated and transferred to the Texas Department of Criminal 
Justice effective September 1, 1995. 
 The repeals are adopted on an emergency basis due to the agency being placed 
under conservatorship, and is mandated to make immediate changes to its rules 
and operations. Also, effective September 1, 1995, the TAIP program has been 
eliminated and transferred to the Texas Department of Criminal Justice. 
 The repeals are adopted on an emergency basis under Acts, 1991, 72nd 
Legislature, Chapter 490, sec.2, effective December 31, 1991, amending the Texas 
Health and Safety Code, Chapter 461 by adding sec.461.017, which provides the 
Texas Commission on Alcohol and Drug Abuse with the authority to promulgate 
written rules and regulations setting forth minimum standards for the operation 
of treatment alternatives to incarceration programs which are designed to 
provide substance abuse offenders with screening, assessment, referral and 
placement into licensed and approved chemical dependency programs if 
appropriate. 
 
 
  sec.145.1. Definitions. 
 
   
  sec.145.2. Objective. 
 
   
  sec.145.3. Scope of Rules, Regulations, and Standards. 
 
   
  sec.145.4. TAIP Program Approval. 
 
   
  sec.145.5. Approved TAIP Program Renewal. 
 
   
  sec.145.6. Denial, Revocation, or Nonrenewal of Approval. 
 
   
  sec.145.7. Invalidity of Provisions. 
     
  Issued in Austin, Texas, on August 22, 1995. 
 TRD-9510621 
  Thomas Mann, Jr. 
 General Counsel 
 Texas Commission on Alcohol and Drug Abuse 
    Effective date: September 1, 1995 
 Expiration date: December 30, 1995 
 For further information, please call: (512) 867-8241 
         
       
  Performance Standards 
 
  40 TAC sec.sec.145.20-145.30 
 
  The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis 
the repeal of sec.sec.145.20-145.30, concerning treatment alternatives to 
incarceration programs (TAIP). These rules are being repealed because the TAIP 
program has been eliminated and transferred to the Texas Department of Criminal 
Justice effective September 1, 1995. Identical emergency action has been 
simultaneously filed. 
 The repeals are adopted on an emergency basis due to the agency being placed 
under conservatorship, and is mandated to make immediate changes to its rules 
and operations. Also, effective September 1, 1995, the TAIP program has been 
eliminated and transferred to the Texas Department of Criminal Justice. 
 The repeals are adopted on an emergency basis under Acts, 1991, 72nd 
Legislature, Chapter 490, sec.2, effective December 31, 1991, amending the Texas 
Health and Safety Code, Chapter 461 by adding sec.461.017, which provides the 
Texas Commission on Alcohol and Drug Abuse with the authority to promulgate 
written rules and regulations setting forth minimum standards for the operation 
of treatment alternatives to incarceration programs which are designed to 
provide substance abuse offenders with screening, assessment, referral and 
placement into licensed and approved chemical dependency programs if 
appropriate. 
 
 
  sec.145.20. Purpose of Approved TAIP Program. 
 
   
  sec.145.21. TAIP Program Content. 
 
   
  sec.145.22. Organizational Requirements. 
 
   
  sec.145.23. Approved TAIP Program Admission. 
 
   
  sec.145.24. TAIP Program Operations Requirement. 
 
   
  sec.145.25. Discrimination Prohibited. 
 
   
  sec.145.26. Complaints. 
 
   
  sec.145.27. Confidentiality. 
 
   
  sec.145.28. Approved TAIP Program List. 
 
   
  sec.145.29. Approved TAIP Program Monitoring. 
 
   
  sec.145.30. Payment of Referral. 
     
  Issued in Austin, Texas, on August 22, 1995. 
 TRD-9510623 
  Thomas Mann, Jr. 
 General Counsel 
 Texas Commission on Alcohol and Drug Abuse 
    Effective date: September 1, 1995 
 Expiration date: December 30, 1995 
 For further information, please call: (512) 867-8241