PROPOSED RULES

Before an agency may permanently adopt a new or amended section or repeal 
an existing section, a proposal detailing the action must be published in 
the Texas Register at least 30 days before action is taken. The 30-day time 
period gives interested persons an opportunity to review and make oral or 
written 
comments on the section. Also, in the case of substantive action, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members.

Symbology in proposed amendments. New language added to an existing section 
is indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.

PART I. Texas Department of Public Safety
CHAPTER 15.Drivers License Rules
Reciprocity in Driver Licensing
37 TAC sec.15.91
The Texas Department of Public Safety proposes an amendment
to sec.15.91, concerning Reciprocity In Driver Licensing. Language is added
to subsection (e) stating that only family members of Consuls may obtain
a  Texas driver's license. 

Tom Haas, Chief of Finance has determined that for each year of the first
five year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule. 

Mr. Haas also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to allow family members of Consuls to obtain a Texas driver's
license. The anticipated cost to individuals required to comply with the
section  as proposed will be the cost of the Texas driver's license. There
are no anticipated  economic costs to small or large businesses. 

Comments on the proposal may be submitted to John C. West, Jr., Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0001, (512) 424-2890. 

The amendment is proposed pursuant to Texas Civil Statutes, Article
6687b, sec.1A, which provides the Texas Department of Public Safety with
the authority to adopt rules that it determines are necessary to effectively
administer this Act. 

Texas Civil Statutes, Article 6687b, sec.1A is affected by this proposal. 
sec.15.91.International Reciprocity.
(a)-(d) (No change.)

(e) Foreign Diplomats in the United States. The United States
Code, Title 22, sec.sec.4301-4304, provides that the United States Department
of State will provide certain benefits to foreign diplomats who are in the
United States. It has been determined that a driver's license is one of these
benefits. Based on interpretations of the State Department, the Department
of Public Safety has been requested to deny issuance of a Texas driver's
license  to persons in this status due to the requirement that these persons
obtain  a Department of State driver's license. If any person is identified
as having  diplomatic status he will be denied a Texas license and referred
to the Department  of State. Foreign Diplomats are defined as: Ambassadors,
Ministers, Minister  Counselors, Counselors, First Secretaries, Second 
Secretaries,
Third Secretaries,  Consuls-General, Deputy Consuls-General, Consuls, and
Vice Consuls. <nl>Only family members of Consuls may obtain
a Texas driver's  license.<ol> 

This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on January 8, 1997.
TRD-9700572
Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: February 24, 1997

For further information, please call: (512) 424-2890

PART VI.  Texas Department of Criminal Justice
CHAPTER 153. Internal Inquiries
SUBCHAPTER A. Investigations of Abuse, Neglect, or Exploitation
in a Facility Operated by the Texas Department of Criminal Justice
37 TAC sec.sec.153.1-153.7
The Texas Department of Criminal Justice (department) proposes
new sec.sec.153.1-153.7, concerning investigations of reports of abuse,
neglect, or exploitation of elderly or disabled persons. 

The new sections cover purpose; application; definitions; what constitutes
abuse, neglect, and exploitation; reports and investigations; completion
of  investigations; confidentiality of investigative process and report; and
facilities  operated by the department. The new sections are proposed pursuant
to the  Human Resources Code, Chapter 48. The Human Resources Code, Chapter
48 was  amended by Acts 1995, 74th Legislature, Chapter 303 (House Bill 1111).
In  accordance with these laws as amended, the department is required to 
investigate
reports relating to abuse, neglect, or exploitation in facilities operated,
or under contract with the department, and to adopt rules to be reviewed
by  the Health and Human Services Commission. 

David McNutt, Deputy Director for Administrative Services of the Department
of Criminal Justice has determined that there will be no effect on local
government  for the first five year period, but that there will be a cost
to the state  to enforce the provisions of the new sections. The cost is 
estimated
to be  $90,000.00 per fiscal year. 

Mr. McNutt has also determined that the public benefit anticipated as a
result of enforcing the sections will be uniformity in investigations of
abuse,  neglect, or exploitation performed by the department and compliance
with the  laws relating to such investigations. 

There will be no effect on small businesses. There is no anticipated economic
cost to persons required to comply with the sections as proposed. 

Comments should be directed to Carl V. Reynolds, General Counsel, Texas
Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Written comments
from the general public should be received within 30 days of the publication
of the proposed new sections.  

The new sections are proposed under the Texas Government Code,
sec.492.013, which grants rulemaking authority to the Board; and the Human
Resources Code, sec.48.083, requiring rules relating to the investigation
of abuse, exploitation, or neglect of an elderly or disabled person.  

Cross reference to statute: Human Resources Code, sec.48.083.  

sec.153.1. Purpose. 
The purpose of these sections is to define abuse, neglect or exploitation
of an elderly or disabled person and describe procedures for reporting and
investigating in accordance with the Human Resources Code, Chapter 48.  
sec.153.2. Application. 
The provisions of this subchapter shall apply to the Texas Department
of Criminal Justice's investigation of abuse, neglect or exploitation of
an  elderly or disabled person which occurs in any facility operated by or
under  contract with the Texas Department of Criminal Justice.  

sec.153.3. Definitions. 
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
Agent - An individual not employed by a facility but working
under the auspices of the facility, such as a volunteer, student, or consultant. 
Allegation - A report by a person believing or having knowledge
that an elderly or disabled person has been or may be abused, neglected,
or  exploited in a facility. 

Caretaker - An owner, operator, manager, employee, or agent
of a facility in which a patient or client is located.

Client -A disabled person or elderly person receiving services
in a facility.

Clinical issues- Issues relating to unsafe practice by a licensed
health care professional or a violation of a state law or rule relating to
the licensure or practice of a licensed health care professional. 

Confirmed - A finding that an allegation of abuse, neglect,
or exploitation is supported by the preponderance of the evidence.

Department - The Texas Department of Criminal Justice. 

Disabled person- A person with a mental, physical, or developmental
disability that substantially impairs the person's ability to provide adequately
for the person's care or protection and who is either 18 years of age or
older  or who is under 18 years of age and has the disabilities of minority
removed. 

Elderly person- A person 65 years of age or older.     

Facility - A facility which is operated by or under contract
with the department. This term includes any owner, operator, manager, employee,
or agent of a facility.   

Guardian - Anyone named as "guardian of the person" of an
elderly person or disabled person by a probate court order.

Inconclusive - A finding that an allegation of abuse, neglect,
or exploitation leads to no conclusion or definite result due to a lack of
witnesses or other relevant evidence.   

Intimidation - The act of controlling another person with
fear or by threats.     

Non-serious physical injury- Any injury determined not to
be serious by the examining physician. Examples of non-serious injury may
include superficial laceration, contusion, or abrasion.     

Observable and material impairment- Discernible and substantial
damage or deterioration.  

Patient - A disabled person or elderly person receiving health
care services in a facility.    

Perpetrator - The person who has committed an act of abuse,
neglect, or exploitation of an elderly or disabled person.   

Perpetrator unknown- The term used to describe an incidence
in which abuse, neglect, or exploitation is confirmed but positive 
identification
of the responsible person cannot be made and in which self injury has been
eliminated as the cause.     

Preponderance of evidence - Evidence which is of greater weight
or more convincing than the evidence to the contrary; evidence which as a
whole shows that the fact to be proved is more probable than not.     

Reporter - The person filing a report of abuse, neglect, or
exploitation; either the: 

(A)  victim of alleged abuse, neglect, or exploitation;
(B)  a third party filing a report on behalf of the alleged
victim; or  

(C)  both.

Serious physical injury - An injury determined to be serious
by the examining physician. Examples of serious injury may include fracture;
dislocation of any joint; internal injury; any contusion larger than two
and  one-half inches in diameter; concussion; second or third degree burns;
first  degree scald burns involving hands, feet, face, or genitals; or multiple
lacerations,  contusions or abrasions. 

Sexual abuse- Any sexual activity, including any involuntary
or non-consensual sexual conduct that would constitute an offense under the
Penal Code, sec.sec.21.08 (indecent exposure), 22.011 (sexual assault),
22.021 (aggravated sexual assault), or 39.03 (official oppression), involving
a caretaker and a patient or client. Sexual activity includes but is not
limited  to kissing, hugging, stroking, or fondling with sexual intent; oral
sex or  sexual intercourse; and request, suggestion or encouragement for the
performance  of sex.    

Unconfirmed - A finding that an allegation of abuse, neglect
or exploitation is not supported by the preponderance of the evidence.  
Unfounded- A finding that an allegation of abuse, neglect,
or exploitation is spurious or patently without factual basis.   

sec.153.4. Abuse, Neglect, and Exploitation Defined.
(a) Abuse of an elderly or disabled person means the intentional,
knowing, reckless, or negligent infliction of injury or intimidation with
resulting physical or emotional harm or pain or mental anguish, or sexual
abuse.  

(b) Abuse does not include:  

(1) the proper use of restraints or seclusion in accordance
with federal or state laws or regulations, agency policies, or court order;
(2) other actions taken in accordance with federal or
state laws or regulations, agency policies, or court order;  

(3) actions an employee may reasonably believe to be immediately
necessary to avoid imminent harm to self, patients or clients, or other 
individuals
if such actions are limited only to those actions reasonably believed to
be  necessary under the existing circumstances. Such actions do not include
acts  of unnecessary force or the inappropriate use of restraints or seclusion;
or  

(4) complaints related to the daily administrative operations
of a facility (e.g., staffing ratios).  

(c) Neglect of an elderly or disabled person means the failure
by the caretaker to provide the goods or services, including medical services,
which are necessary to avoid physical or emotional harm or pain.  

(d) Exploitation of an elderly or disabled person means the
illegal or improper act or process of a caretaker who has an ongoing 
relationship
with the elderly or disabled person using the resources of an elderly or
disabled  person for monetary or personal benefit, profit, or gain.  

sec.153.5. Reports and Investigations.  
(a) The department shall investigate allegations received relating
to the abuse, neglect, or exploitation of an elderly or disabled person in
a facility.  

(b) The department will only investigate reports when:  

(1) the act is reported to have occurred in a facility and
the victim was a patient or client of the facility;  

(2) the act occurred away from the facility but the facility
was responsible for the supervision of the patient or client who was the
victim  at the time the act allegedly occurred;  

(3) the act is reported to have occurred in a facility
and the alleged perpetrator was a caretaker of the facility; or  

(4) the act occurred away from the facility but the facility
was responsible for the supervision of the alleged perpetrator at the time
the act occurred.  

(c) The department shall review each allegation and determine
whether it is appropriate for the department to investigate the allegation.
(1) If there is reason to suspect that the patient or client
was abused, neglected, or exploited prior to admission to the department,
the department shall refer the allegation to the Texas Department of Protective
and Regulatory Services.  

(2) If the allegation involves the actions of a licensed
health care professional, the department will determine whether the allegation
involves clinical issues.  

(A)  The department will pursue an investigation of the portion
of an allegation which does not involve clinical issues.  

(B)  If the allegation involves clinical issues, the allegation
shall immediately be forwarded to the state agency which licenses the health
care professional involved. The identity of a person reporting abuse or neglect
must be blacked out or deidentified.  

(3) The department need not investigate an allegation
that clearly does not involve abuse, neglect or exploitation of an elderly
or disabled person in a facility. The department may refer the reporter to
other agencies for assistance.  

(4) Injuries of unknown origin shall be investigated if
the attending physician, after examining the patient, suspects that the injury
is the result of abuse or neglect.  

(5) If an allegation involves the daily administrative
operations of a facility and has not resulted in a specific case of abuse,
neglect, or exploitation, such as the failure to maintain an adequate number
of staff, the department need not investigate the matter under this section
but may investigate the matter as a complaint investigation involving regulatory
issues.  

(d) Allegations which cannot be investigated by the department
pursuant to the Human Resources Code, Chapter 48 shall be referred to the
Texas Department of Protective and Regulatory Services for appropriate 
investigation
or action consistent with existing law.  

(e) The department shall make a thorough investigation 24 hours
after receiving an allegation which has been reviewed and found appropriate
to investigate.  

(1) The primary purpose shall be the protection of the elderly
or disabled person.  

(2) If a report of serious physical injury or sexual abuse
is received by the department from the Texas Department of Protective and
Regulatory Services, the investigation shall be conducted jointly by the
appropriate  local law enforcement agency and the department, if possible.
The department  shall document any instance in which a law enforcement agency
is unable or  unwilling to conduct a joint investigation.  

(f) Anonymous allegations will be received and investigated
following the same procedures that are used when the reporter is known. 
(g) An allegation relating to a patient or client who is in
the facility where the act allegedly occurred at the time of the department's
receipt of the allegation shall be given priority by the department in the
scheduling of investigations. An allegation relating to a patient or client
who is no longer in the facility shall be given secondary priority.  

(h) An investigation of abuse, neglect, or exploitation may
occur in conjunction with other survey activities or complaint investigations
relating to violations of federal or state laws or rules; however, the 
determination
as to whether abuse, neglect, or exploitation has occurred or is likely to
occur is a separate determination from regulatory matters and shall be made
without regard as to whether law or rule violations or deficiencies are cited.
(i) An investigation shall include:  

(1) an interview with the alleged victim, if appropriate; 
(2) an interview with the alleged perpetrator unless the
investigator has already determined that there was no abuse, neglect, or
exploitation  or the risk of the same does not exist; and  

(3) consultation with persons thought to have knowledge
of the circumstances.  

(j) An investigation shall address the issues set forth in
the Human Resources Code, sec.48.038 (a), relating to elderly or disabled
persons.  

(k) If during the course of the investigation it becomes apparent
that the allegation is spurious or patently without factual basis, the 
investigation
may be closed as unfounded with supervisory approval. The reason for this
determination of being spurious or patently without factual basis, will be
included in the report.  

(l) If during the course of the investigation it becomes apparent
that abuse, neglect or exploitation has not occurred or is not likely to
occur,  the investigation may be closed as unfounded with supervisory approval.
(m) If there is not a preponderance of the evidence to indicate
that an allegation should be confirmed, due to lack of witnesses or other
available evidence, a finding of inconclusive may be used with supervisory
approval.  

(n) An investigative report shall indicate "perpetrator unknown"
in those incidences where the preponderance of evidence exists to confirm
abuse, neglect, or exploitation but positive identification of the person
responsible cannot be determined and self injury has been eliminated as the
cause. Evidence must exist that abuse, neglect, or exploitation has been
committed  for the term "perpetrator unknown" to be used.  

(o) An investigative report shall indicate "unconfirmed" when
finding that an allegation of abuse, neglect, or exploitation is not supported
by the preponderance of the evidence.  

(p) An investigative report shall indicate "confirmed" when
finding that an allegation of abuse, neglect, or exploitation is supported
by the preponderance of the evidence.  

sec.153.6. Completion of Investigation.  
(a) After receiving an allegation that the department determines
is appropriate for investigation, the department's investigator shall finish
an investigation within:  

(1) 14 days if the elderly or disabled person is in the facility
at the time the department receives the allegation;  

(2) 60 days for all other allegations; or  

(3) the time period set by an extension granted to the
investigator by his or her supervisor.  

(b) Following the investigation, the investigator shall submit
an investigative report, including:  

(1) a statement of the allegations;  

(2) a summary of the investigation;  

(3) an analysis of the evidence, including whether any
physical injury sustained was serious or non-serious;  

(4) the investigator's determination as to whether or
not abuse, neglect, or exploitation occurred;  

(5) designation of the perpetrator, if possible;  

(6) a determination as to how the incident should be classified
in accordance with sec.153.4 of this title (relating to Abuse, Neglect,
and Exploitation Defined); and  

(7) recommendations resulting from the investigation.
(c) An investigation is not considered complete until review
of the investigative report is completed by all appropriate department 
personnel.
(d) If the investigation confirms abuse, neglect, or exploitation,
the written report of the completed investigation by the department, along
with the department's recommendations and related documents, shall be submitted
to:  

(1) the Texas Department of Protective and Regulatory Services
if protective services are necessary and available;  

(2) the appropriate probate court if a guardian has been
appointed for an elderly or disabled person; and  

(3) the appropriate state or local law enforcement agency
if the report concerns abuse of an elderly or disabled person which could
constitute a criminal offense under any law, including Penal Code, sec.22.04.
(e) In cases of abuse, neglect, or exploitation by a licensed,
certified, or registered health care professional, the department may forward
a copy of the completed investigative report to the state agency which licenses,
certifies or registers the health care professional and the employer of the
health care professional. Any information which might reveal the identity
of the reporter or any other patients or clients of the facility must be
blacked  out or deidentified.  

(f) The department shall notify the reporter, if known, in
writing of the outcome of the complete investigation.  

(g) The department shall notify the alleged victim in writing
of the outcome of the completed investigation.  

(h) If the department receives a complaint about a department
investigation of abuse, neglect, or exploitation in a facility, the department
shall refer the complaint to the appropriate associate commissioner or office
which oversees the investigations in that particular facility.  

sec.153.7. Confidentiality of Investigative Process
and Report.  
(a) The allegation and the reports, records, communications
and working papers used or developed in the investigative process, including
the resulting final report regarding abuse, neglect, or exploitation, are
confidential and may be disclosed only as provided in the Human Resources
Code, sec.48.101 and sec.48.038(f) and (g) and pursuant to the sections
under this chapter.  

(b) Information discussed during deliberations of abuse, neglect,
and exploitation investigations may not be discussed outside the purview
of  those deliberations.  

(c) The completed investigative report and related documents
may be released to governmental agencies as described in this chapter.  
(d) The completed investigative report and related documents
may be released by court order.  

(e) The completed investigative report and related documents
may be released to the victim or the victim's parent or guardian if the victim
is a minor if there is no ongoing criminal investigation. Any information
which might reveal the identity of the reporter, any other patients or clients
of the facility or any other person whose life or safety might be endangered
by the disclosure must be blacked out or deidentified.  

(f) The investigative report and related documents shall not
be available to the public.    

This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on January 15, 1997.
TRD-9700508
Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: February 24, 1997

For further information, please call: (512) 463-9693

SUBCHAPTER B. Private Real Property Rights Preservation
37 TAC sec.153.20
The Texas Department of Criminal Justice proposes new sec.153.20,
concerning private real property rights affected by governmental action.
The  new section is proposed to establish procedures for determining whether
private  real property rights will be affected by a governmental action taken
by Texas  Department of Criminal Justice. 

David P. McNutt, Deputy Director for Administrative Services of the Department
of Criminal Justice, has determined that for the first five year period there
will be no fiscal implications for state or local government as a result
of  enforcing or administering the section.  

Mr. McNutt also has determined that the public benefit anticipated as a
result of enforcing the section as proposed will be heightened attention
to  potential impact on private real property. There will be no effect on
small  businesses. There is no anticipated economic cost to persons who are
required  to comply with the section as proposed.  

Comments should be directed to Carl V. Reynolds, General Counsel, Texas
Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, fax number
- (512) 475-3251. Written comments should be received within 30 days of the
publication of the proposed new section.   

The new section is proposed under Government Code, sec.492.013,
which gives the Board general rulemaking authority; and Chapter 2007, Government
Code, the Private Real Property Preservation Act.  

Cross Reference to Statute: The Private Real Property Preservation Act,
Chapter 2007, Government Code.  

sec.153.20. Private Real Property Rights Affected
by Governmental Action. 
(a) Purpose. The purpose of this rule is to establish procedures
whereby the agency determines if private real property rights are affected
by governmental action taken by the Texas Department of Criminal Justice.
(b) Categorical Determination. Categorical determinations that
no private real property interests are affected by the proposed governmental
action obviates need for further compliance with the Private Real Property
Preservation Act (Chapter 2007, Government Code).  

(1) The following activities and programs, policies, rules,
or regulations promulgated to implement them do not affect private real property
interests:  

(A)  activities related to inmate care and treatment;  

(B)  activities related to facility operations, maintenance,
and construction;  

(C)  activities related to personnel management;  

(D)  activities related to purchase of goods and services.
(2) If the proposed government action falls within
one of the previously listed categories, there is no need to proceed further
with the Takings Impact Assessment (TIA) process.  

(3) If the proposed governmental action does not fall
within one of the previously listed categories, it is determined whether
private  real property interests are affected by the proposed governmental
action.  This is accomplished by making a No Private Real Property Impact
Determination.   

(c) Making a No Private Real Property Impact (No PRPI) Determination.
If it is determined that there are no private real property interests impacted
by a specific governmental action, the need for any further compliance with
the Private Real Property Preservation Act (Chapter 2007, Government Code)
is obviated.  

(1) A No Private Real Property Impacts Determination (No PRPI
Determination) is determined by answering the following question: Does the
Covered Governmental Action result in a burden on Private Real Property as
that term is defined in the Act?  

(2) Whether the governmental action results in a burden
on Private Real Property is determined by the answers to the following 
questions.
(A)  Will the action involve a physical seizure or occupation
of private real property?  

(B)  Will the action involve a regulation of private real property
or of activities occurring on private real property?  

(C)  Will the action diminish or destroy the right of a private
property owner to exclude others from the property, to possess it, or dispose
of it?  

(D)  Will the value of private real property that is the subject
of the action be reduced by 25% or more as a result of the action?  

(3) If the answer to each of the four questions is
NO, there is a No Private Real Property Impact (No PRPI) Determination and
no further action pursuant to Chapter 2007 of the Government Code is needed
for the governmental action. If the answer to any the of four questions is
YES, a TIA is required. The Texas Department of Criminal Justice must undertake
evaluation of the proposed governmental action on private real property rights.
(d) Taking Impact Assessment (TIA).  

(1) Prior to Completion of TIA. Before a TIA is completed,
it should be determined by the previously listed procedures that:  

(A)  the contemplated governmental action does not fall within
the Categorical Determinations for which no TIA is required; and  

(B)  that there may be an impact on Private Real Property Interests.
(2) Elements of the Takings Impact Assessment (TIA).
The specific elements that must be evaluated when proposing to undertake
a  governmental action that requires a TIA include the following actions.
(A)  Describe the specific purpose of the proposed action and
identify whether and how the proposed action substantially advances its state
purpose.  

(B)  Describe the burdens imposed on private real property.
(C)  Describe the benefits to society resulting from the proposed
use of private real property.  

(D)  Determine whether engaging in the proposed governmental
action will constitute a "taking" by answering:  

(i) Is there a "taking" under the United States Constitution;
or  

(ii) Is there a "taking" under the Texas Constitution; or 
(iii) Is there a "taking" under the Act (25% diminution in
value of property subject of the governmental action).  

(E)  Describe reasonable alternative actions that could accomplish
the specified purpose and compare, evaluate, and explain:  

(i) how an alternative action would further the specified purpose;
and 

(ii) whether an alternative action would constitute a taking.
(e) A takings impact assessment prepared under this section
is public information.  

This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on January 15, 1997.
TRD-9700507
Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: February 24, 1997

For further information, please call: (512) 463-9693

CHAPTER 163. Community Justice Assistance Division Standards 
The Texas Department of Criminal Justice - Community Justice Assistance
Division (TDCJ-CJAD) proposes the repeal and new sec.163.39, concerning
residential services.  

The new standard is part of the recodification process for implementing
extensive residential standards governing residential programs funded by
TDCJ-CJAD.  The TDCJ-CJAD proposes either enhancements to already existing
standards or  enactment of new standards. Some of the residential standards
provide for  feasibility studies, public meetings, placement and discharge
criteria, and  the criteria for residential policies and procedures manual.
The new section  also provides for mission statements for residential programs,
requirement  of an employment coordinator in Restitution Centers, requirement
to have one  staff member, on duty, who is the same gender as the resident
population,  and ensuring that a facility that is part of or attached to a
detention facility  or a correctional institution, shall house facility 
offenders
separately from  the inmates. The new section also provides procedures on
the use of force,  safety, and emergency procedures, to include evacuation
plans and drills,  limitations of corrections actions, offenders rights, 
provisions
for food  service, to include that three meals (including two hot meals) are
provided  during each 24-hour period. The new section further provides for
victim notification  to the victim(s) of offenders convicted of family domestic
violence to the  imminent release of the offender or subsequent to the 
offender's
escape from  custody. The standards also provide for religious programs and
mail, telephone,  and visitation. The section is being repealed and replaced
as part of the  recodification process required for implementing legislative
mandates. 

David P. McNutt, Deputy Director for Administrative Services of the Department
of Criminal Justice, has determined that there may be minimal fiscal implication
resulting from the new section on CSCDs in the establishment of residential
standards for the first-five year period of operations. He has further 
determined
that there may be minimal fiscal effect on local government for the next
five-year  period, and that the implementation of the new section will have
no effect  on small businesses, as they will not have to comply with the rules. 
The Department of Criminal Justice has determined that the public benefit
and cost the proposals represent are an effort to improve residential community
supervision resulting in increased public safety. 

Comments on this proposed section may be submitted to Ms. Susan Cranford,
TDCJ-CJAD Price Daniel Sr. Building, 209 West 14th Street, Suite 400, Austin,
Texas 78701. Written comments should be submitted within 30 days after the
date of the publication of this rule in the Texas Register. 

37 TAC sec.163.39
The repeal is permitted by Article 42.13, sec.2(a), Code
of Criminal Procedure, which respectively, gives the Board of Criminal Justice
authority to adopt reasonable rules establishing: (1) minimum standards for
programs, community corrections facilities and other facilities, equipment,
and other aspects of the operation of community supervision and corrections
departments; (2) a list and description of core services that should be provided
by each department, (3) methods for measuring the success of community 
supervision
and corrections programs; and (4) a format for community justice plans. 
Cross reference to statute: No other statutes or codes are affected.   
sec.163.39.Residential Services. 
This agency hereby certifies that the proposal  has
been reviewed by legal counsel and found to be within the agency's legal 
authority to adopt.

Issued in Austin, Texas, on January 15, 1997.
TRD-9700505
Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: February 24, 1997

For further information, please call: (512) 463-9693


The new section is permitted by Article
42.13, sec.2(a), Code of Criminal Procedure, which respectively, gives
the  Board of Criminal Justice authority to adopt reasonable rules establishing:
(1) minimum standards for programs, community corrections facilities and
other  facilities, equipment, and other aspects of the operation of community
supervision  and corrections departments; (2) a list and description of core
services that  should be provided by each department, (3) methods for measuring
the success  of community supervision and corrections programs; and (4) a
format for community  justice plans.  

Cross reference to statute: No other statutes or codes are affected.   
sec.163.39. Residential Services.
(a) General Administration.  

(1) Purpose. Residential facilities and contract residential
beds funded by TDCJ-CJAD shall provide the courts with a sentencing alternative
for the purpose of :  

(A)  confining offenders placed on community supervision and
others who are eligible in accordance with statutes; and 

(B)  providing sanctions, services, and programs to modify
criminal behavior, deter criminal activity, protect the public and restore
victims of crime.  

(2) Feasibility Studies. The CSCD/agency interested
in establishing a Community Corrections Facility or County Correctional Center
shall conduct a feasibility study in accordance with TDCJ-CJAD residential
guidelines for feasibility studies and provide the results to TDCJ-CJAD.
(3) Public Meetings. CSCDs/agencies interested in establishing
a Community Corrections Facility (CCF) or County Correctional Center (CCC)
shall hold public meetings in accordance with statutory requirements and
provide  documentation and results of the meetings to TDCJ-CJAD.  

(4) Maximum Resident Capacity and Facility Utilization.
The maximum resident capacity of a CCF or CCC shall be defined as the total
number of offenders who can be housed at the facility at any given time as
determined by the operating agency and approved by the TDCJ-CJAD director.
CCFs and CCCs funded through TDCJ-CJAD shall reach 90% capacity within the
first six months of operation and maintain a minimum of 90% thereafter, 
utilizing
appropriate and eligible placements only.  

(5) Contract Residential Facilities (CRF). CSCD directors
or designees contracting for residential services to operate CCFs and CCCs
with TDCJ-CJAD funds shall ensure that the contract residential service provider
adheres to all applicable statutes, TDCJ-CJAD standards, policies, guidelines,
and terms of the contract between the CSCD and the said provider.  

(6) Mission Statement. The CSCD director or designee shall
maintain a mission statement that reflects the general purpose and overall
goals of the program.  

(b) Personnel.  

(1) Screening for Tuberculosis Infection. The CSCD director
or designee shall ensure that prior to assuming any duties within a CCF or
CCC, all staff undergo a screening for tuberculosis infection. Follow-up
screening  for tuberculosis infection shall be conducted on all staff, at
a minimum,  once every year from the anniversary date of the initial screening.
The results  of all screenings shall be maintained on file.  

(2) Employment Coordinator. Each Restitution Center shall
have a designated employment coordinator whose primary duties and 
responsibilities
include assisting offenders in obtaining/maintaining employment. The employment
coordinator shall be responsible for addressing other employment issues for
offenders such as resume development, interviewing skills/techniques, and
appropriate dress for job interviews.  

(c) Building and Safety Codes.  

(1) Compliance. CSCD directors or designees shall ensure that
facility construction is in compliance with state statutes, codes, applicable
federal laws, and local building and safety codes. Records of compliance
inspections  or audits shall be kept on file. The CSCD director or designee
shall notify  the TDCJ-CJAD if the facility does not maintain such compliance.
(2) Fire, Safety, and Health and Sanitation Codes. The
CSCD director or designee shall ensure that the facility complies with the
applicable regulations of the fire, safety, and health and sanitation 
authorities.
Documentation of fire, safety, and health and sanitation inspections shall
be provided to TDCJ-CJAD upon request. The facility shall also maintain 
compliance
with minimum guidelines established by the TDCJ-CJAD for physical plants
of  CCFs.  

(3) Contract Residential Services (CRS). CSCDs, sheriffs'
departments, or other governmental entities that contract for residential
beds/services shall ensure that CRS providers under contract through TDCJ-CJAD
funds maintain compliance with local and state safety, health, and sanitation
codes, and ordinances.  

(d) Separate Inmate Housing. CSCD directors or designees shall
ensure that a facility that is part of or attached to a detention facility
or a correctional institution shall house facility offenders separately from
the inmates.  

(e) Program and Service Areas.  

(1) Space and Furnishings. The facility shall have space and
furnishings to accommodate activities such as group meetings, private 
counseling,
classroom activities, visitation, and recreation.  

(2) Housekeeping and Maintenance. The CSCD director or
designee shall ensure that the facility is clean and in good repair.  

(f) Supervision.  

(1) Operations Manual. The operations manual, which shall contain
all procedures for facility security and supervision with detailed 
implementation
instructions, shall be accessible to all employees and volunteers. The 
operations
manual shall include, at a minimum, the guidelines as noted in the Guidelines
for the Policies and Procedures of TDCJ-CJAD Funded Residential Facilities.
The manual shall be approved by the TDCJ-CJAD director at least 60 days prior
to acceptance of offenders into the facility and upon request thereafter.
Offenders cannot be accepted into the facility until approval is granted
by  the TDCJ-CJAD. The CSCD director or designee shall ensure that the manual
is reviewed at least annually and updated as necessary.  

(2) Staffing Availability. The CSCD director or designee
shall ensure that the facility has the staff needed to provide coverage of
designated security posts, surveillance of offenders and to perform ancillary
functions. The facility shall have at least one staff member, on duty, who
is the same gender as the resident population.  

(3) Activity Log. The CSCD director or designee shall
ensure that staff maintain an activity log and prepare shift reports that
record, at a minimum, emergency situations, unusual situations, unusual 
incidents
and record all absences from a facility.  

(4) Use of Force. The CSCD director or designee shall
ensure that policy defines the use of force to instances of self-protection,
protection of offenders or others, prevention of property damage and only
as a last resort in accordance with statutory authority. In no event is physical
force justifiable as punishment. A written report shall be prepared following
all uses of force and shall be submitted to the CSCD director or designee
for review and follow-up. The application of restraining devices/chemical
agents shall be accomplished in an emergency by any individual in self-defense
or in the defense of another.  

(5) Use of Firearms. The CSCD director or designee shall
ensure that the possession of firearms by staff is banned and use of firearms
is prohibited in or on facility property except in the execution of court
orders by law enforcement personnel.  

(6) Access to Facility. The facility shall be secured
to provide that offenders remain within the facility and to prevent access
by the general public without proper authorization.  

(7) Control of Contraband/Searches. There shall be policies
defining facility shakedowns, strip searches, and pat searches of residents
to control contraband and provide for its disposal.  

(g) Safety and Emergency Procedures.  

(1) Evacuation Plans. A written emergency evacuation plan shall
be posted. The plan shall be reviewed annually and updated as necessary.
(2) Evacuation Drills. The facility shall conduct, at
a minimum, quarterly emergency evacuation drills, at different hours, under
varied conditions.  

(h) Client Abuse, Neglect, and Exploitation. The facility must
protect clients from abuse, neglect and exploitation.  

(i) Rules and Discipline. There shall be documentation of program
rule violations and the disciplinary process.  

(1) Rules of Conduct. All incoming offenders and staff shall
receive written rules of conduct which specify acts prohibited within the
facility and penalties that can be imposed for various degrees of violation.
(2) Limitations of Corrective Actions. Specific limits
on corrective actions and summary punishment shall be established and strictly
adhered to in an effort to reduce the potential of staff participating in
abusive behavior towards participants. Limits shall include:  

(A)  no physical contact by staff shall be made on a participant;
(B)  no profanity, sexual, or racial comments shall be directed
at participants;  

(C)  program participants shall not be utilized to impose corrective
actions on other participants;  

(D)  the severity of the corrective action imposed shall be
commensurate with the participant's program status;  

(E)  the severity of the corrective action shall be commensurate
with the severity of the infraction; and,  

(F)  the duration of corrective action shall be limited to
the minimum time necessary to achieve effectiveness.  

(3) Incident Notification. The TDCJ-CJAD director
shall be notified in writing, within 24 hours, when the following incidents
occur at the facility: offender or staff member's death while at the facility;
any incident which results in serious bodily injury to a resident or staff
member while at the facility or on assignment away from the facility; and,
riot/major facility disturbance.  

(j) Offenders' Rights. The offender shall be granted access
to courts, counsel, and confidential contact with attorneys and their authorized
representatives. Such contacts include, but are not limited to: telephone
communications, uncensored correspondence, and visits.  

(k) Offender Eligibility. A CSCD, sheriff's department, or
other governmental entity that operates a residential facility, contracts
for the operation of a residential facility, or contracts for beds/services,
shall define a specific target population of offenders to be served. Placement
of offenders in a CCF shall only be by an order of the court and shall meet
minimum eligibility criteria as outlined in this section.  

(1) CCFs shall accept only those offenders who are physically
and mentally capable of participating in any program offered at the facility
that requires strenuous physical activity, if participation in the program
is required of all residents of the facility.  

(2) Offenders are eligible for placement into a Community
Corrections Facility (CCF):  

(A)  unless otherwise prohibited by statute;  

(B)  if the offender matches the profile of offenders historically
committed to county jail/prison from the jurisdiction; or the offender has
high risk/needs, who, if supervised at a lower supervision level would have
an increased likelihood of violating the conditions of community supervision;
and  

(C)  the local jurisdiction may house offenders convicted under
Title 5, Texas Penal Code, and in accordance with statute, in its CCF if
Title  5 offenders are included in the facility's program proposal within
the community  justice plan that is submitted by the jurisdiction's Community
Justice Council  and approved by the local judiciary. In currently operating
facilities where  the jurisdiction desires to add Title 5 offenders to their
target population,  a public meeting must be held, in accordance with the
law and TDCJ-CJAD standards  and policy, to advise the public of the types
of offenders/offenses who will  potentially be placed in the facility. Public
support will be considered by  TDCJ-CJAD for final approval of the change
in offender population to be targeted.  If a jurisdiction has documentation
that this requirement was previously met,  it can provide that documentation
to TDCJ-CJAD for review and possible exemption  from having an additional
public meeting.  

(3) Offenders are eligible for placement into a Restitution
Center:  

(A)  unless otherwise prohibited by statute;  

(B)  the offender must be employable; and  

(C)  prior to or within seven days after admission to the facility,
the offender shall undergo a screening process to determine the offender's
appropriateness for placement. The process shall be documented and maintained
in the supervision case file.  

(4) Offenders are eligible for placement into County
Correctional Centers (CCC):  

(A)  if convicted of a misdemeanor and sentenced to a term
of confinement in the county jail;  

(B)  in lieu of jail time as a condition of misdemeanor or
felony community supervision;  

(C)  in lieu of jail time as a punishment for violation of
conditions of community supervision; or,  

(D)  if required as a condition of community supervision to
participate in a work program or counseling program through a CCC.  

(5) Offenders are eligible for placement into a Boot
Camp:  

(A)  if prior to placement, or within seven days after admission,
the offender undergoes a physical examination to determine any medical problems
that may prevent the offender from satisfactorily participating in the program.
The physical examination report shall be maintained in the offender's medical
file; and  

(B)  if prior to placement, or within seven days after admission,
the offender undergoes a psychological screening to determine any psychological
problems that may prevent the offender from satisfactorily participating
in  the program. The psychological screening report shall be maintained in
the  offender's medical file.  

(l) Courtesy Supervision. CCFs or CCCs shall, on a space available
basis, accept eligible adult offenders needing the residential services on
courtesy supervision from other jurisdictions. CSCDs that manage CCFs or
CCCs  are responsible for the direct supervision of all offenders in the CCF
or  CCC while in the residential placement.  

(m) Denying Admission or Continued Placement. If an offender
is placed into a community corrections facility or a county correctional
center  as a condition of community supervision and the offender is an 
inappropriate
placement, by statute or standard, or does not meet eligibility criteria
of  the facility as approved by the TDCJ-CJAD, the CSCD/ agency director or
designee  who is responsible for the management of the CCF / CCC shall notify,
in writing,  the court of original jurisdiction. If placement occurs as a
condition of  community supervision, an eligible offender for residential
placement may  be placed on a waiting list or returned to the court for an
alternative sanction  if the facility has reached capacity.  

(n) Food Service.  

(1) Dietary Allowances. Meals shall be approved and reviewed
annually by a registered dietician or licensed nutritionist to ensure that
they meet the nationally recommended allowances for basic nutrition.  

(2) Special Diets. Each facility shall provide for special
diets as prescribed by appropriate medical or dental personnel.  

(3) Food Service Management. Food service operations shall
be supervised by a staff member who is experienced in institutional food
preparation  or mass food management. All food services staff, including 
offenders
assigned  to work in the facility kitchen, shall be certified as required
by the local  health authority.  

(4) Exclusion as Discipline. The use of food as a disciplinary
measure is prohibited.  

(5) Meal Requirements. CSCD directors or designees shall
ensure that at least three meals (including two hot meals) are provided during
each 24-hour period. Variations may be allowed based on weekend and holiday
food service demands, or in the event of emergency or security situations,
provided basic nutritional goals are met.  

(o) Health Care. Each facility shall maintain written policy
and procedure to provide access to 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 shall be made with health care providers in advance of need.
(1) Public and Private Agencies. The facility shall have a
written policy providing residents access to routine medical services, and/or
emergency medical services as necessary with a licensed general hospital,
clinic or physician.  

(2) Twenty-four Hour Emergency Care. The CSCD director
or designee shall have a written policy providing access to 24 hour emergency
medical, psychiatric and dental care, which includes contingency plans and
alternate hospitals or a physician "on call" service.  

(3) Health Screening. Prior to residential placement or
within seven days of admission of offenders into residential facilities,
a  health screening or physical exam shall be conducted to identify any 
physical/mental
ailments or contagious/communicable diseases that would affect placement
and/or  endanger other residents or staff.  

(p) Discharge.  

(1) Victim Notification. The CSCD director or designee shall
ensure there is a system for providing notification to the victim(s) of 
offenders
convicted of family domestic violence crimes prior to the imminent release
of the offender or subsequent to the offender's escape from custody. Follow-up
notification to victim(s) shall occur whenever an escapee is returned to
the  facility.  

(2) Discharge. Discharge from residential facilities shall
be based on the following criteria:  

(A)  the offender has made sufficient progress towards meeting
the objectives of the supervision plan and program requirements; 

(B)  the offender has satisfied a sentence of confinement;
(C)  the offender has satisfied a period of placement as a
condition of community supervision; 

(D)  the offender has demonstrated non-compliance with program
criteria or court order; 

(E)  the offender manifests a medical problem that prohibits
participation and/or completion of the residential program requirements;
(F)  the offender displays symptoms of a psychological disorder
that prohibits participation and/or completion of the residential program
requirements; or 

(G)  the offender is identified as inappropriate or ineligible
for participation in the residential program as defined by facility eligibility
criteria, statute, or standard.  

(3) Discharge Report. The CSCD director or designee
shall ensure that a report is prepared at the termination of program 
participation
that reviews the offender's performance. A copy of the report shall be provided
to the receiving CSCD supervision officer.  

(q) Basic Services and Programs. Each facility shall, at a
minimum, provide programs in the following areas which will include, but
not  be limited to:  

(1) education programs; 

(2) rehabilitation programs based on the mission of the
facility; 

(3) community service restitution/work detail; 

(4) recreational programs; and 

(5) basic life skills programs.  

(r) Mail, Telephone, and Visitation. The CSCD director or designee
shall have written policies which govern the facility's mail, telephone,
and  visitation privileges for offenders, including mail inspection, public
phone  use, and routine and special visits. The policies shall address 
compelling
circumstances in which an offender's mail may be opened, but not read, to
inspect for contraband.  

(s) Religious Programs. The CSCD director or designee shall
have written policies which govern religious programs for offenders. The
policies  shall address the provision of opportunities for offenders to 
voluntarily
practice the requirements of their respective faith and the use of community
resources, when appropriate.  

This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on January 15, 1997.
TRD-9700504
Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: February 24, 1997

For further information, please call: (512) 463-9693

37 TAC 163.42, sec.163.43
The Texas Board of Criminal Justice proposes amendments to
sec.163.42, Substantial Noncompliance, and sec.163.43, Funding and Financial
Management, to clarify the requirement, for CJAD compliance auditing purposes,
that judges meet in compliance with the Open Meetings Act. The effect of
the  proposed amendments is to link compliance with the meeting to finalize
the  CSCD budget, as required by sec.140.004, Local Government Code, so
that  only failure to hold that meeting in compliance with the Open Meetings
Act  would disqualify a CSCD for TDCJ-CJAD state aid, under sec.163.43(a)(1);
such failure would also constitute an act of substantial noncompliance under
sec.163.42, which could trigger the imposition of sanctions as authorized
by sec.509.012, Government Code. 

The amendment to sec.163.43, Funding and Financial Management, also states
that the standard does not apply to CSCDs that can only legally be managed
by one judge. This is intended to clarify the board's understanding that
compliance  with the Open Meetings Act, for CJAD purposes, does not have any
meaning when  the governing body in question consists of only one person.
The wording is  intended to foreclose the possibility of a group of judges
who are legally  entitled to govern the operation of a CSCD delegating that
responsibility  to a single judge and thereby avoid the Open Meetings 
requirement.
David P. McNutt, Deputy Director for Administrative Services of the Department
of Criminal Justice, has determined that there will be no fiscal effect on
state government for the first five-year period of operations. He has further
determined that there will be no fiscal effect on local government for the
next five-year period, and that the implementation of these amendments will
have no effect on small businesses, as they will not have to comply with
the  rules.  

Mr. McNutt also has determined that the public benefit anticipated as a
result of enforcing the sections as amended will be the encouragement of
open  governmental action regarding the expenditure of state funds for community
corrections programs. Compliance with the sections as amended will not impose
any economic costs on individuals.  

Comments should be directed to Carl V. Reynolds, General Counsel, Texas
Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, fax number
(512) 475-3251. Written comments should be received within 30 days of the
publication of the proposed amendments.   

The amendments are proposed under: Attorney General Opinion Number
DM-395, which interprets the Open Meetings Act (Chapter 551, Government Code)
to apply to judges in their governance of CSCDs; Government Code sec.509.011
and sec.509.012, which govern the distribution of state aid and compliance
with state standards, and 492.013, which gives the Board general rulemaking
authority; and Local Government Code sec.140.004, which requires an annual
meeting to finalize a CSCD's budget. 

Cross reference to statute: Attorney General Opinion Number DM-395; Government
Code, sec.509.011 and sec.509.012; Local Government Code, sec.140.004.
sec.163.42. Substantial Noncompliance.
(a) Definition. Substantial noncompliance with TDCJ-CJAD standards,
for purposes of <nl>sec.509.012, Government Code<ol>
[Article 42.13, sec.11, Texas Code of Criminal Procedure], is defined as:
(1) intentional diversion of TDCJ-CJAD funding for purposes
other than the state funding award or allocation; [or]  

(2) violation of laws specific to the operations of CSCDs;
[or]  

(3) intentional refusal to implement TDCJ-CJAD approved
Action Plans that are a result of audits, reviews, or inspections;  
<nl>or   <ol>

<nl>(4)<ol> <nl>
for purposes of qualifying for state aid by complying with the Open Meetings
Act under sec.163.43(a)(1)(F) of this title (relating to Funding and Financial
Management), failing to hold the meeting to finalize the CSCD budget as required
by sec.140.004, Local Government Code, in compliance with the Open Meetings
Act.<ol> 

(b) (No change.) 

sec.163.43.Funding and Financial Management.
(a) Funding  

(1) Qualifying for TDCJ-CJAD funding. CSCDs qualify for TDCJ-CJAD
state aid by:  

(A)-(E)  (No Change.) 

(F)  <nl>except for CSCDs that can legally
be managed by no more than one judge,<ol> the district judges complying
with the Open Meetings Act, Chapter 551, Government Code, when meeting to 
<nl>finalize the CSCD budget as required by sec.140.004, Local
Government Code<ol> [perform statutory functions with respect to the management
of the CSCD].  

(2)-(4) (No change.)  

(b)-(e) (No change.)

This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on January 15, 1997.
TRD-9700506
Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: February 24, 1997

For further information, please call: (512) 463-9693

PART VII. Texas Commission on Law Enforcement Officer Standards
and Education
CHAPTER 219.Prelicensing and Reactivation Courses, Tests
and Endorsements of Eligibility
37 TAC sec.sec.219.70, 219.77, 219.78
The Texas Commission on Law Enforcement Officer Standards
and Education ("commission") proposes amendments to sec.219.70 and new
sec.sec.219.77  and 219.78 concerning training standards for conditional
reserve licenses,  peace officer licenses and jailer licenses. A reorganization
plan for the  Commission's rules, which was developed by staff in response
to concerns that  the rules had become too complex, disorganized and difficult
to understand,  was proposed by staff, discussed by the Commission's Ad Hoc
Rules Committee  and considered during the drafting of a number of new rules
over the last  year. Included in the reorganization plan is a schedule developed
by staff  for renumbering certain sections as a way to more clearly label
specific topics  and to more fully utilize the chapter numbers available in
the Texas Administrative  Code for the Commission's rules. Staff reasoned
that a number of the subsections  in these sections were out-of-date, overly
restrictive or burdensome, and  therefore propose to delete these sections.
D. C. Jim Dozier, Executive Director of the commission, has determined
that for the first five-year period that the new and amended sections are
in effect, there will be no fiscal implications for state or local government.
Mr. Dozier also has determined that for each year of the first five years
the new and amended sections are in effect, the public benefit anticipated
as a result will be better understanding on the part of the law enforcement
community of the training standards for conditional reserve, peace officer
and jailer licenses. There will be no effect on small businesses. There is
no anticipated increase in economic cost to individuals who are required
to  comply.  

Written comments should be submitted to D. C. Jim Dozier, Executive Director,
Texas Commission on Law Enforcement Officer Standards and Education, 6330
U. S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile to
(512) 406-3614.  

The amendment and new sections are proposed under Texas Government
Code Annotated, Chapter 415, sec.415.010, which authorizes the commission
to promulgate rules for the administration of Chapter 415; under sec.415.031,
which requires the commission to establish and maintain training programs
for officers and county jailers; and under sec.415.032, which requires
the  commission to establish minimum curriculum requirements for preparatory
courses  and programs.  

The following statute is affected by the proposal: Texas Government Code
Annotated, Chapter 415, sec.415.010.

sec.219.70.[Minimum] Training Standard for 
<nl>Conditional Reserve License<ol>  [Reserves].
[(a) The minimum training standards for permanent licensing
for a reserve on and after December 1, 1994, shall be: 

[(1) completion of the 560-hour basic peace officer course;
[(2) successful completion of the college level law enforcement
courses, which are known as the criminal justice transfer curriculum with
law enforcement emphasis and the Texas peace officer sequence; 

[(3) completion of any specifically required supplementary
or remedial training; or 

[(4) credit for sufficient previous training which is
equivalent to the current basic peace officer course, including specifically,
completion of one each of the separate reserve component courses which together
meet or exceed the learning objectives of the basic peace officer course.
[(b) On and after December 1, 1994, the commission shall issue
one of the following licenses to an applicant who meets all other reserve
licensing standards, including the appropriate state examination: 

[(1) a permanent peace officer license to a reserve applicant
who meets the full peace officer training standards and who has passed the
peace officer exam; or] 

<nl>(a)<ol> [(2)] <nl>
The training standard for<ol> a conditional reserve license <nl>
is successful completion of<ol> [to an applicant who has passed the reserve
exam and who: 

[(A)  under the professional training path, has received credit
for at least] the <nl>current<ol> [228-hour] basic
reserve  course[; or 

[(B)  under the academic path, has successfully completed
at least the college level law enforcement courses which are known as the
criminal justice transfer curriculum with law enforcement emphasis and the
course, known as Texas peace officer skills, from the Texas peace officer
sequence].

<nl>(b)<ol> [(c)] A conditional reserve
license expires 

<nl>(1)<ol> <nl>after
two years from its date of issue, if the holder has not completed the current
intermediate reserve course; <ol>

<nl>(2)<ol> <nl>
after four years from its date of issue, if the holder has completed the
current  basic, intermediate and advanced reserve courses, but has not passed
the peace  officer examination; or <ol>

<nl>(3)<ol> <nl>
on the date the holder fails the peace officer examination for the third
time. <ol> [if the holder has not received credit for the following training,
or successfully completed the following courses, under each respective path,
within the specified time from the conditional license date: 

[(1) under the professional training path: 

[(A)  the 190-hour intermediate reserve course within two years;
[(B)  both the 190-hour intermediate reserve and the 142-hour
advanced reserve courses within four years; and 

[(2) under the academic path: 

[(A)  the Texas peace officer laws course within two years;
or 

[(B)  both the Texas peace officer laws and procedures courses
within four years.] 

<nl>(c)<ol> [(d)] <nl>
A <ol> [In any event, a] conditional reserve license will <nl>
never be reinstated or reissued<ol> [expire after four years if the holder
has not passed the peace officer exam and,] if it has expired after four
years <nl>from the date of issue<ol> [, such license
will never  be reinstated or reissued]. <nl>A <ol> [If
it has expired  after two years, the commission may reinstate an expired]
conditional reserve  license <nl>that has expired after
two years from the date  of issue may be reinstated<ol> for the balance
of the [original] four-  year period [, but only] if the <nl>
conditional reserve  license <ol> holder [has been reported to the commission
as having] successfully <nl>completes<ol> [completed
either] the [190- hour] intermediate  reserve course [or the Texas peace officer
laws course, under each respective  path]. 

[(e) The commission may, through its executive director, review
documentation of previous training submitted by a potential license applicant
or an appointing agency and may then either: 

[(1) accept that training as equivalent to any training required
under the current commission standards; or 

[(2) require specific supplementary or remedial training
necessary to equate the previous training to those current standards. 

[(f) However, if the previous training is out-of-state, the
applicant may challenge the state license exam referred to in Section 211.74
of this title (relating to State Examinations) once. If challenged and passed,
the license will be issued. If failed, the applicant may not be retested
until  successful completion of a supplementary peace officer training course
in  addition to any out-of-state training which may have been credited.]

<nl>(d)<ol> [(g)] Each <nl>
phase of the<ol> reserve course <nl>(basic, intermediate
and advanced)<ol>[, basic, intermediate, and advanced,] shall cover the
subjects <nl>contained in the current instructor guide
issued by the commission<ol> and be taught in accordance with the current
instructor guides provided by the commission. <nl>An agency
or academy may, in its discretion, add any other training subjects to the
reserve courses.<ol> 

[(h) The basic reserve course shall consist of 228 hours of
instruction, including the following topics and hours: Introduction and 
Orientation
(2 hours), U.S. & Texas Constitutions and Bill of Rights (10 hours),
Penal  Code (40 hours), Use of Force-Law (8 hours), Use of Force-Concepts
(16 hours),  Strategies of Defense-Mechanics of Arrest (40 hours), Strategies
of Defense-  Firearms (40 hours), Traffic Law (24 hours), Code of Criminal
Procedure (16  hours), Emergency Medical Assistance (16 hours), Professionalism
and Ethics  (8 hours), Juvenile Issues-Texas Family Code (8 hours). 

[(i) The intermediate reserve course shall consist of 190 hours
of instruction, including the following subjects and topics: Arrest, Search
& Seizure (24 hours), Traffic (48 hours), Patrol Procedures (40 hours),
Civil Process and Liability (12 hours), Interpersonal Communications/Report
Writing (24 hours), Field Notetaking (4 hours), Texas Alcoholic Beverage
Code  (4 hours), Emergency Communications (12 hours), Family Violence and
Related  Assaultive Offenses (16 hours), Recognizing & Interacting with
Persons  with Mental Illness & Mental Retardation (6 hours). 

[(j) The advanced reserve course shall consist of 142 hours
of instruction, including the following topics and hours: Drugs (8 hours),
Multiculturalism and Human Relations (12 hours), Victims of Crime (8 hours),
Crowd Management (2 hours), Hazardous Materials Awareness (6 hours), Fitness
and Wellness (6 hours), Criminal Investigation (45 hours), Professional Police
Driving (32 hours), History of Policing (3 hours), Criminal Justice System
(2 hours), Stress Management for Peace Officers (8 hours), Problem Solving
and Critical Thinking (4 hours), Professional Policing Approaches (6 hours).
[(k) On and after January 1, 1989, an applicant for a conditional
reserve license, who has met the minimum training standards for reserves,
must pass the required state licensing examination before two years has elapsed
after meeting those standards. If not, training or courses that would otherwise
meet the minimum standards of this section must be supplemented by completion
of the supplementary peace officer training course. The executive director
may, in his discretion, determine the exact date of completion or credit
in  unusual or questionable cases.] 

<nl>(e)<ol> [(l)] The effective date
of this section is <nl>June 1, 1997<ol> [December 1,
1994].

sec.219.77. Training Standards for Peace Officer
License.
(a) The training standards for a peace officer license are
completion of 

(1) the current basic peace officer course; 

(2) the college-level law enforcement courses, which are
known as the criminal justice transfer curriculum with law enforcement emphasis
and the Texas peace officer sequence; 

(3) previous training which has been certified by commission
staff to be equivalent to the basic peace officer course; or 

(4) completion of each phase of the reserve course (basic,
intermediate, and advanced). 

(b) The basic peace officer course shall cover the subjects
contained in the current instructor guide issued by the commission and be
taught in accordance with the current instructor guides provided by the 
commission.
An agency or academy may, in its discretion, add any other training subjects
to the basic peace officer course. 

(c) To be acceptable under this section, the transfer curriculum
courses and the Texas peace officer sequence courses shall be taught in 
accordance
with the current guidelines and course outlines provided by the Texas Higher
Education Coordinating Board, and the requirements of the basic peace officer
course of the commission. For purposes of this section, the term, "successful
completion" shall, when applied to an academic course, mean a passing grade
from an academic institution of either: 

(1) C or better, unless the course is only offered pass/fail;
or 

(2) Pass, in a course only offered pass/fail by the institution.
(d) The effective date of this section is June 1, 1997. 

sec.219.78. Training Standards for Jailer License. 
(a) The training standards for a jailer license are successful
completion of 

(1) the current basic county corrections course; 

(2) the current basic county corrections independent study
course; or 

(3) previous training which has been certified by commission
staff to be equivalent to the basic county corrections course. 

(b) The basic county corrections course shall cover the subjects
contained in the current instructor guide issued by the commission and be
taught in accordance with the current instructor guides provided by the 
commission.
An agency or academy may, in its discretion, add any other training subjects
to the basic county corrections course. 

(c) The effective date of this section is June 1, 1997.  

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 December 19, 1997.
TRD-9700787
Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Proposed date of adoption: March 7, 1997

For further information, please call: (512) 450-0188