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 <nl> code. [Brackets] indicate deletion of existing material 
within a section.

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 1.General Procedures
SUBCHAPTER G.Interagency Agreements
4 TAC sec.1.300
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Agriculture or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department) proposes the repeal of 
sec.1.300, concerning the department's memorandum of understanding with the 
Texas Department of Commerce, and new sec.1.300, concerning the memorandum of 
understanding among the department, the Texas Agricultural Finance Authority and 
the Texas Department of Economic Development, formerly the Texas Department of 
Commerce. The Texas Government Code, sec.481.028, enacted by the 73rd 
Legislature, required that the Texas Department of Commerce and the Texas 
Department of Agriculture enter into a memorandum of understanding regarding 
each agency's international marketing efforts and business finance programs. The 
Texas Government Code, sec. 481.028, further directed that the memorandum of 
understanding be adopted as a rule by the agencies. Changes made to the Texas 
Government Code, sec.481.028, during the 75th Legislature make it necessary to 
adopt a new memorandum of understanding between the Texas Department of 
Agriculture and the Texas Department of Economic Development.
The new section is proposed to implement sec.481.028, as amended. The repeal of 
sec.1.300 is proposed to allow for the adoption of a new memorandum of 
understanding in accordance with sec.481.028. 
Mr. DeWayne Burns, Coordinator for Special Issues, has determined that for the 
first five-year period the repeal and new section are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the rule. 
Mr. Burns also has determined that for each year of the first five years the 
repeal and new section are in effect the public benefit anticipated as a result 
of enforcing the proposal will be increased coordination and communication 
between the Texas Department of Agriculture and the Texas Department of Economic 
Development with regard to program planning and budgeting related to economic 
development. Further, joint economic development efforts may result in a wider 
panoply of services for the public. There will be no effect on small businesses. 
No economic costs are anticipated to persons who are required to comply with the 
repeal and new section.
Comments on the proposal may be submitted to DeWayne Burns, Coordinator for 
Special Issues, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 
78711. Comments must be received no later than 30 days from the date of 
publication of the proposal in the Texas Register. The repeal is proposed under 
the Texas Agriculture Code, sec.12.016, which provides the Texas Department of 
Agriculture with general rulemaking authority; and the Texas Government Code, 
sec.481.028(d), which directs that the memorandum of understanding between the 
Texas Department of Agriculture and the Texas Department of Economic Development 
be adopted as a rule by both agencies. 
The Code affected by the repeal is the Texas Agriculture Code, Chapters 12, 44, 
45, 58, 59, 252, and 253. 

sec.1.300. Memorandum of Understanding with the Texas Department of Commerce. 
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. 
Filed with the Office of the Secretary of State, on March 24, 1998.
TRD-9804180
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-7541

The new section is proposed under the Texas Agriculture Code, sec.12.016, which 
provides the Texas Department of Agriculture with general rulemaking authority; 
and the Texas Government Code, sec.481.028(d), which directs that the memorandum 
of understanding between the Texas Department of Agriculture and the Texas 
Department of Economic Development be adopted as a rule by both agencies. 
The Code affected by the proposal is the Texas Agriculture Code, Chapters 12, 
44, 45, 58, 252, and 253. 

sec.1.300.Memorandum of Understanding
Among the Texas Department of Agriculture, the Texas Agricultural Finance 
Authority and the Texas Department of Economic Development. 
(a) Purpose. 
(1) The purpose of this memorandum of understanding is to meet the legislative 
mandates pursuant to the Texas Government Code sec.481.028(b)(1) and (b)(12), 
relating to increasing the cooperation, coordination and sharing of economic 
development responsibilities between the Texas Department of Agriculture (TDA), 
the Texas Agricultural Finance Authority (TAFA) and the Texas Department of 
Economic Development (TDED). 
(2) Section 481.028(b)(1) requires a memorandum of understanding between the 
Texas Department of Agriculture and the Texas Department of Economic Development 
regarding the respective agencies' international marketing and business finance 
programs. Section 418.028(b)(12) requires a memorandum of understanding between 
the Texas Agriculture Finance Authority and the Texas Department of Economic 
Development regarding the marketing of the TAFA programs. 
(b) Mutual Responsibilities: To efficiently serve the citizens of Texas and 
promote economic growth in the agricultural industry, the agencies involved in 
this memorandum agree to cooperate in the following areas.
(1) The Texas Department of Agriculture will coordinate international marketing 
and business development programs involved in livestock, food, fiber, 
horticulture, forestry and other related agricultural industries in order to 
utilize the best available expertise. 
(2) The Texas Department of Economic Development will forward appropriate 
requests for assistance in these areas to TDA for lead facilitation. TDA will 
engage the assistance of the Texas Department of Economic Development where 
applicable. 
(3) The Texas Agricultural Finance Authority, with the administrative assistance 
of the Texas Department of Agriculture, will administer its finance programs 
involving agriculture, horticulture, and related industries so as to best 
utilize the expertise of the agency. The Texas Department of Economic 
Development will forward all requests for assistance in these areas to TDA 
and/or TAFA for business development assistance.
(4) Neither the Texas Department of Agriculture nor the Texas Agricultural 
Finance Authority will duplicate the current fee-based services of the Texas 
Department of Economic Development. These services include but are not limited 
to loan packaging, feasibility studies or credit analysis. TDA and TAFA will 
perform credit analysis as it relates to projects seeking participation in any 
of the programs administered by TAFA. TDED will coordinate with TDA on any loan 
packaging or feasibility studies relating to agriculture but not specifically 
using TDA or TAFA programs. 
(5) The Texas Department of Economic Development will cooperate and assist in 
marketing and promoting the finance programs administered by the Texas 
Agricultural Finance Authority. TDED will also coordinate all regional economic 
planning for the state and will include TDA and TAFA where applicable. 
(6) The Texas Department of Economic Development will coordinate all non-
agricultural business development, marketing and finance activities, so as to 
best utilize the agency's expertise. 
(7) The Texas Department of Agriculture, the Texas Agricultural Finance 
Authority and the Texas Department of Economic Development will cooperate to 
foster economic development in Texas. 
(c) Terms of the Agreement: This memorandum of understanding, which is effective 
upon execution by the representatives of each agency, shall terminate August 31, 
1999, unless extended by mutual agreement of the parties. 
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. 
Filed with the Office of the Secretary of State, on March 24, 1998.
TRD-9804181
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-7541

CHAPTER 3.Boll Weevil Eradication Program
SUBCHAPTER E.Creation of Eradication Zones
4 TAC sec.3.114
The Texas Department of Agriculture (the department) proposes new sec.3.114, 
concerning the creation of a nonstatutory boll weevil eradication zone. The new 
section is proposed to establish a new nonstatutory boll weevil eradication zone 
consisting of counties not currently located in a statutory zone created under 
Chapter 74, Subchapter D, sec.74.1021. New sec.3.114 proposes, upon the request 
of the Blacklands Area Boll Weevil Advisory Committee, the designation of the 
Southeastern Blacklands Boll Weevil Eradication Zone, in accordance with the 
Texas Agriculture Code, sec.74.1042. This proposed new section replaces the 
proposal published in the Texas Register on March 27, 1998 (23 TexReg 3143). 
That proposal has been withdrawn by the department. 
Katie Dickie Stavinoha, special assistant for producer relations, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
Ms. Stavinoha also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
sections will be the ability to address cotton growers' desires to have 
efficient, responsive eradication zones to facilitate boll weevil eradication in 
Texas. There will be no effect on small businesses. The anticipated economic 
cost to persons who will be required to comply with the new sections, as 
proposed, is not determinable at this time. If the proposed zone is designated 
as an eradication program and an assessment is approved by the zone's cotton 
growers, those cotton growers will be assessed annually to cover costs of an 
eradication program in that zone. The costs to individual growers will depend on 
voter approval of an eradication program and assessment, and the amount of the 
assessment established for the zone once a program is approved. 
Comments on the proposal may be submitted to Katie Dickie Stavinoha, Special 
Assistant for Producer Relations, P.O. Box 12847, Austin, Texas 78711, and must 
be received no later than 30 days from the date of the publication of this 
proposal in the Texas Register.
The new section is proposed under the Texas Agriculture Code, sec.74.1042, which 
provides the commissioner of agriculture with the authority, by rule, to 
designate an area of the state as a proposed boll weevil eradication zone. 
The codes affected by the proposal are the Texas Agriculture Code, Chapter 74. 

sec.3.114. Southeastern Blacklands Boll Weevil Eradication Zone. 
The Southeastern Blacklands Boll Weevil Eradication Zone shall consist of the 
following area: all of Anderson, Brazos, Burleson, Freestone, Grimes, Harris, 
Houston, Leon, Liberty, Madison, Robertson, Walker, Camp, Wood, Upshur, Marion, 
Harrison, Gregg, Smith, Cherokee, Rusk, Panola, Shelby, Nacogdoches, San 
Augustine, Sabine, Angelina, Trinity, San Jacinto, Polk, Tyler, Jasper, Newton, 
Hardin, Orange, Jefferson, Chambers, Galveston and Washington counties; that 
part of Limestone County south of Highway 84 from the McLennan County line east 
to the Freestone County line; that part of Falls County east of the Brazos River 
from McLennan County south to Robertson County; that part of Milam County east 
of Highway 77 from the Lee County line to Highway 190 then north to Highway 36 
to the intersection of FM 2095 then east until it intersects FM 485, east to the 
intersection of FM 979 then north and east to the Robertson County line; and 
that part of Waller County north of Highway 159 from the Austin County line 
north and east to Hempstead, then east on Highway 6/290 to the Harris County 
line.
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. 
Filed with the Office of the Secretary of State, on March 24, 1998.
TRD-9804445
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-7541

SUBCHAPTER G.Transfer or Addition of Areas from One Eradication Zone to Another 
Zone
4 TAC sec.3.300
The Texas Department of Agriculture (the department) proposes new sec.3.300, 
concerning modification of boll weevil eradication zones. The new section is 
proposed to transfer an area from one boll weevil eradication zone to another 
zone created under Chapter 74, Subchapter D. New sec.3.300, upon the request of 
the Permian Basin Boll Weevil Steering Committee and the St. Lawrence Cotton 
Growers Association, proposes the transfer of a portion of Glasscock County from 
the St. Lawrence Boll Weevil Eradication Zone to the Permian Basin Boll Weevil 
Eradication Zone, in accordance with the Texas Agriculture Code, sec.74.108(b). 
The transfer is proposed because the geographical and entmological similarities 
between the area proposed to be transferred and the Permian Basin Zone would 
allow for a more appropriate eradication program for the area. 
Katie Dickie Stavinoha, special assistant for producer relations, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
Ms. Stavinoha also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
sections will be the ability to address cotton growers' desires to have 
efficient, responsive eradication zones to facilitate boll weevil eradication in 
Texas. There will be no effect on small businesses. The anticipated economic 
cost to persons who will be required to comply with the new sections, as 
proposed, is not determinable at this time. If the proposed transfer is adopted, 
cotton growers in that portion of Glassock County transferred to the Permian 
Basin zone will participate in a referendum that determines an eradication 
program in that area. The costs to individual growers will depend on voter 
approval of the proposed transfer and the amount of the assessment approved for 
the Permian Basin zone. 
Comments on the proposal may be submitted to Katie Dickie Stavinoha, Special 
Assistant for Producer Relations, P.O. Box 12847, Austin, Texas 78711, and must 
be received no later than 30 days from the date of the publication of this 
proposal in the Texas Register.
The new section is proposed under the Texas Agriculture Code, sec.74.108(b), 
which provides the commissioner of agriculture with the authority, by rule, to 
add an area to an eradication zone or transfer an area or county from one 
statutory zone to another. 
The codes affected by the proposal are the Texas Agriculture Code, Chapter 74.

sec.3.300. Glassock County.
(a) All of the following area located in Glassock County is transferred from the 
statutorily designated St. Lawrence Boll Weevil Eradication Zone described at 
the Texas Agriculture Code, sec.74.1021(c) to the Permian Basin Boll Weevil 
Eradication Zone designated at sec.3.111 of this title (relating to Permian 
Basin Boll Weevil Eradication Zone): that part of Glassock County north of State 
Highway 158 which includes T&P RR Co.(Texas & Pacific Railroad Company): TWP 
(Township) 1-S, All block 35 & 36; T&P RR Co. TWP 2-S, All block 32, 35, 36, All 
Block 33 excluding Section 43; All block 34, excluding Section 44; T&P RR Co. 
TWP 3-S, Block 36, Sections 1-5, and 8-12; Block 35, Section 5-8; and all of RR 
Wade; and Blocks 29 and 30 of W&N RR Co. (Waco & Northwestern Railroad Company). 
(b) The transfer of the area of Glassock County described in paragraph (1) of 
this section to the Permian Basin Zone shall be effective upon the passage of a 
grower referendum in that area approving the transfer.
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.
Filed with the Office of the Secretary of State, on March 24, 1998.
TRD-9804444
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-7541

TITLE 13. CULTURAL RESOURCES
PART I. Texas State Library and Archives Commission
CHAPTER 8.TexShare Library Consortium
13 TAC sec.sec.8.1-8.6
The Texas State Library and Archives Commission proposes new sec.sec.8.1- 8.6. 
The new sections establish policies to govern the operation of the TexShare 
library consortium. They set forth membership criteria, establish policies for 
an advisory board, and propose guidelines for grants to members. 
Dale Propp, Interim Director, Library Resource Sharing Division, has determined 
that for each year of the first five years the rule is in effect there will be a 
fiscal implication for local and state governments as a result of enforcing or 
administering the amended section. State institutions of higher education and 
community colleges will receive services and benefits of $1,121,779 in FY98 and 
$1,016,729 in Fiscal Year 1999. These amounts include state cash grants of 
$100,000 in each year for competitive grants. Subsequent impact will depend on 
legislative appropriations in succeeding years. There will be no fiscal impact 
on other local governments. There will be no fiscal implications for small 
businesses or individuals as a result of enforcing or administering the section. 
Mr. Propp also has determined that for each of the first five years the section 
is in effect the public benefits anticipated as a result of enforcing the 
section will be to assist academic libraries at public and private or 
independent institutions of higher education to promote the public good. There 
will be no effect on small businesses. Comments may be submitted to Dale Propp, 
Interim Director, Library Resource Sharing Division, Texas State Library and 
Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927. 
The new sections are proposed under authority of Government Code, sec.441.205(b) 
as amended by HB 2721, Acts, 75 Legislature, R.S. (1997).
The proposed new sections affect the Government Code, sec.sec.441.201-441.210.

sec.8.1.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
(1) Institution of higher education - an institution of higher education as 
defined by Education Code, sec.61.003, and a private or independent institution 
of higher education as defined by Education Code, sec.61.003.
(2) Annual Report --The annual submission of financial and library statistics to 
the Texas State Library and Archives Commission for inclusion in the publication 
"Texas Academic Library Statistics." 
(3) Commission -- The Texas State Library and Archives Commission. 
(4) Consortium -- The TexShare Library Consortium. 
(5) Director and Librarian -- Chief executive and administrative officer of the 
commission. 
(6) Internet connection--A combination of hardware, software and 
telecommunications services that allows a computer to communicate with any other 
computer on the worldwide network of networks known as the Internet, and that 
adheres to the standard protocols listed in RFC 1920 or its current successor 
document. 
(7) Request for Comments (RFC)--A version of an Internet specification, 
published as part of the "Request for Comments" (RFC) document series, the 
official publication channel for Internet standards documents and other 
publications of the Internet Engineering Steering Group, Internet Architecture 
Board, and Internet community. 

sec.8.2.Purpose.
The purpose of TexShare is to assist libraries at institutions of higher 
education in Texas: 
(1) to promote the future well-being of the citizenry and enhance quality 
teaching and research excellence at institutions of higher education through the 
efficient exchange of academic information and the sharing of library resources; 
(2) to maximize the effectiveness of library expenditures by enabling libraries 
at institutions of higher education to share staff expertise and to share 
library resources in print and in an electronic form, including books, journals, 
technical reports, and databases; 
(3) to increase the intellectual productivity of students and faculty at the 
participating institutions of higher education by emphasizing access to 
information rather than ownership of documents and other information sources; 
and 
(4) to facilitate joint purchasing agreements for purchasing information 
services and encourage cooperative research and development of information 
technologies. 

sec.8.3.Membership.
(a) Eligibility. Membership in the consortium is open to all institutions of 
higher education as determined by the Texas Higher Education Coordinating Board. 
(b) Agreement. Institutions of higher education must file a membership 
agreement, signed by the president or chancellor, on joining the consortium. 
Participation in specific programs of the consortium may require additional 
agreements and fees. 
(c) Annual Report. Libraries of member institutions shall file a current and 
complete annual report for the preceding year with the commission by January 15 
of each year. Failure to file a report by January 15 may result in suspension of 
membership for the next state fiscal year. Revisions to the annual report which 
would affect membership status for the next state fiscal year will not be 
accepted after February 15. Willful falsification of annual reports shall cause 
the library to be disqualified for one year in the first instance and 
disqualified for three years in the second instance.
(d) Multiple Libraries. The unit of membership in the TexShare Library 
Consortium shall be the institution. Community college districts may apply as a 
single unit or as individual campuses; other institutions with campus libraries 
in multiple locations in one county shall apply as a single unit. Libraries 
affiliated with professional schools that demonstrate they are administered and 
budgeted independently of the campus library may apply for separate membership. 
(e) Suspension of membership. Membership will be automatically renewed for each 
state fiscal year, provided that an annual report has been filed as required by 
subsection (c) of this section, and that the institution remains qualified for 
programs of the Texas Higher Education Coordinating Board. Institutions which 
have lost accreditation or are otherwise not qualified on the first day of any 
state fiscal year will be suspended from membership until the first day of the 
succeeding state fiscal year. 
(f) Tiers. Member institutions are placed in one of three tiers on the basis of 
the size of their book collection and student enrollment, as reflected in the 
latest annual report filed with the commission. 
(1) Tier 1: Over 750,000 volumes or over 10,000 enrollment.
(2) Tier 2: 100,000-749,999 volumes or 2,001-9,999 enrollment.
(3) Tier 3: Under 100,000 volumes and 2,000 or less enrollment.
(g) Fees. Some consortium services are supported by fees paid by participants. 
Fees will be set by the Director and Librarian on the basis of costs for the 
individual programs and/or the tier placement of the institutions.

sec.8.4.Advisory Board.
(a) The commission shall appoint a nine-member advisory board to advise the 
commission on matters relating to the consortium. At least two members must be 
public members, at least two members must be affiliated with a four-year public 
university in the consortium, at least two members must be affiliated with a 
public community college in the consortium, and at least two members must be 
affiliated with a private institution of higher education in the consortium. 
Members of the advisory board must be qualified by training and experience to 
advise the commission on policy. 
(b) Members of the advisory board shall be chosen to present as much variety as 
possible in geographic distribution and size and type of institution. 
(c) The advisory board shall meet at least twice a year regarding consortium 
programs and plans at the call of the advisory board's chairman or of the 
director and librarian. 
(d) Members of the advisory board serve three-year terms beginning September 1. 
(e) A member of the advisory board serves without compensation but is entitled 
to reimbursement for actual and necessary expenses incurred in the performance 
of official duties, subject to any applicable limitation on reimbursement 
provided by the General Appropriations Act. 
(f) The advisory board shall elect a chairman, vice chairman, and secretary at 
the first meeting of each fiscal year. 
(g) The advisory board may recommend to the commission that the consortium enter 
into cooperative projects with entities other than institutions of higher 
education. 

sec.8.5.Programs.
The programs of the consortium shall include activities designed to facilitate 
library resource sharing. Such activities may include: 
(1) providing electronic networks, shared databases, and other infrastructure 
necessary to enable the libraries in the consortium to share resources, 
(2) negotiating and executing statewide contracts for information products and 
services, 
(3) coordinating library planning, research and development, or 
(4) training library personnel.

sec.8.6.Grants: Access to Local Holdings.
(a) Purpose. To provide seed money to assist libraries in Texas institutions of 
higher education to provide access to their special or unique holdings and to 
make information about these holdings available to library users across the 
state. 
(b) Eligibility. Libraries in institutions that have been certified as meeting 
the TexShare membership requirements in sec.8.3 of this title (relating to 
Membership) for the state fiscal year in which the grant is awarded are eligible 
to apply for local holdings grants. A member library may apply on behalf of a 
group of member libraries in a cooperative project, or for funding of the member 
library portion of a project including other libraries or organizations. 
(c) Services to be Provided. This grant program focuses on making unique library 
collections accessible for TexShare constituents. Applicants may propose 
projects designed to increase accessibility through a wide range of activities 
such as organizing, cataloging, indexing, microfilming and digitizing local 
materials. 
(d) Standards requirements. Cataloging or indexing information created under the 
grant must be available through the OCLC Incorporated bibliographic database or 
an Internet connection. Digitized materials must be available through an 
Internet connection, and be created, stored, and accessible in accordance with 
the Library of Congress National Digital Library Program as published in Digital 
Historical Collections: Types, Elements, and Construction, Digital Formats for 
Content Reproductions, and Access Aids and Interoperability, or their successor 
documents. 
(e) General Selection Criteria. 
(1) This grant program is competitive. Selection criteria are designed to select 
applications that provide the best overall value to the state. 
(2) The award criteria include: 
(A) program quality as determined by a peer review process; and 
(B) the cost of proposed service. 
(3) The commission may consider additional factors in determining best value, 
including: 
(A) financial ability to perform services; 
(B) state and regional service needs and priorities; 
(C) ability to continue services after grant period; or 
(D) past performance and compliance. 
(f) Peer Review 
(1) The commission uses peer reviewers to evaluate the quality of applications 
in competitive grant programs. 
(2) The director and librarian will select qualified individuals to serve as 
peer reviewers. Peer reviewers shall demonstrate appropriate training, or 
service on citizen boards in an oversight capacity, and shall not have a 
conflict of interest. 
(3) The commission staff will provide written instructions and training for peer 
reviewers. 
(4) The reviewers score each application according to criteria set by the 
commission. 
(g) Award Criteria. Points for each criterion will be based primarily on the 
measures listed; raters may also consider other relevant factors in scoring each 
criterion. The measures and weights for the criteria are: 
(1) Significance of the collection. Is the collection unique, or unique for a 
geographic region? Will the materials be useful to users at institutions 
throughout the state? Will the project provide an "advancement of knowledge" 
rather than cleaning up general backlogs? Maximum Points: 30.
(2) Availability. How will access to the collection be provided? Will 
bibliographic records be available through OCLC or the Internet? Will materials 
themselves be available through an Internet connection, through interlibrary 
loan, through reciprocal borrowing, or only on-site use? Maximum Points: 30. 
(3) Project Design. Is the project well defined? Is it a discrete project which 
can be completed in the grant period? Maximum Points: 15. 
(4) Cost Sharing. What is the level of local funding available to share in the 
project costs? Are matching funds currently available? Are the matching funds 
higher than the required minimum? Maximum Points: 5.
(5) Cost Effectiveness. How appropriate are the chosen hardware, software, 
staffing, and service providers for the project, given the cost of the project? 
Is the budget realistic? Does the project proposal make effective use of the 
grant funds? Maximum Points: 15. 
(6) Evaluation. How well has the applicant designed and described the 
methodology to evaluate the project and estimate the level of usage? Is the 
evaluation methodology appropriate and effective. Maximum Points: 5. 
(h) Eligible costs. Eligible costs are: Staff or contracted services costs for 
organizing, cataloging, indexing, or digital conversion of materials; charges 
for updating shared bibliographic database records; central processing units 
(CPUs) and associated peripherals, storage devices, telecommunications devices 
and software necessary to provide storage and access for digitized materials; 
supply costs necessary to provide storage and access; indirect and audit costs; 
travel necessary to organize materials directly associated with the grant. 
(i) Matching requirement. Each applicant must expend an amount from local funds 
at least equal to 30% of the total budgeted project costs which are eligible 
grant costs. If the matching requirement is not met, as determined by audit, the 
institution will have to refund all or a portion of the grant. The match can be 
from a foundation grant; gifts from citizens, corporations or organizations; 
friends of the library donations; revenues from the sale of bonds or 
certificates of obligation; federal funds; locally appropriated funds; or a 
combination. State or federal funds awarded to the grantee from any other 
commission program may not be used as matching funds. Required matching funds 
must be available at the beginning of the grant period; applicants that have 
matching funds available, or committed, at the time of application will receive 
a higher funding priority. 
(j) Prior expenditures. Expenditures by local applicants for consultant fees and 
preliminary planning costs of an approved project, made prior to the date of 
commission approval, are eligible as matching funds, but only if made within the 
year prior to the beginning of the grant term.
(k) Maximum award. The maximum grant award will be no more than 20% of the 
available funding in any given award period. 
(l) Application and Review Process. A prospective applicant must submit an 
application to the commission on the forms and at the time specified by the 
commission. 
(1) The commission staff will review applications to determine if all requested 
information has been provided in a timely fashion, on prescribed forms. 
(A) An application must be complete with proper authorization to qualify for 
further consideration. 
(B) Qualified applications will be forwarded to the peer reviewers for 
evaluation. 
(C) The commission staff will notify applicants eliminated through the screening 
process within 30 days of the submission deadline.
(2) Peer Reviewers will evaluate applications and assign scores based on the 
award criteria. 
(3) Commission staff will rank each application based on points assigned by peer 
reviewers, and recommend a priority ranked list of projects to the commission 
for approval. 
(m) Funding Decisions. 
(1) The commission will approve a priority ranked list of applicants for 
possible funding based upon recommendations of commission staff. Final approval 
of a grant award is solely at the determination of the commission.
(2) Applications for grant funding will be evaluated only upon the information 
provided in the written application. 
(3) Funding recommendations to the commission will consist of the highest ranked 
applications up to the limit of available funds. If available funds are 
insufficient to fully fund a proposal after the higher-ranking proposals have 
been fully funded, staff will negotiate with the applicant to determine if a 
lesser amount would be acceptable. If the applicant does not agree to the lesser 
amount, the staff will negotiate with the next applicant on the ranked list. The 
process will be continued until all grant funds are awarded. 
(4) In the unlikely event that two proposals receive identical scores and funds 
are insufficient for both, staff will recommend awarding funds to the applicant 
requesting the lesser amount of state funding. If any funds remain after an 
award is made to this applicant, staff will negotiate with the other applicant 
in question. If these negotiations are unsuccessful, staff will negotiate with 
the next applicant on the ranked list. 
(n) Contract. Following approval of the grant awards by the commission, the 
staff will issue a contract to the successful applicants based on the 
information contained in the project application. 
(o) Cancellation or Suspension of Grants. The commission has the right to reject 
all applications and cancel a grant solicitation at any point before a contract 
is signed.
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.
Filed with the Office of the Secretary of State, on March 25, 1998.
TRD-9804282
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-5460

TITLE 22. EXAMINING BOARDS
PART XII. Board of Vocational Nurse Examiners
CHAPTER 239. Contested Case Procedure
SUBCHAPTER B.Enforcement
22 TAC sec.239.19
The Board of Vocational Nurse Examiners proposes an amendment to sec.239.19, 
relative to Schedule of Fines. This rule is amended to allow Board to establish 
payment of fines over a period of time instead of individuals having to pay 
large sums all at once. 
Marjorie A. Bronk, Executive Director, has determined that for the first five 
year period the rule is in effect, there will be no fiscal implication for state 
or local government as a result of enforcing the rule. 
Mrs. Bronk has also determined that for each of the first five years the rule is 
in effect, that no public benefit is anticipated as a result of enforcement of 
the rule. 
Comments on the proposed rule may be submitted to Marjorie A. Bronk, R.N, 
M.S.H.P., Executive Director, Board of Vocational Nurse Examiners, 333 
Guadalupe, Suite 3-400, Austin, Texas 78701 (512) 305-8100. 
The amendment of this rule is proposed under Texas Civil Statutes, Article 
4528c, Section 5(f), which provides the Board of Vocational Nurse Examiners with 
the authority to make such rules and regulations as may be necessary to carry in 
effect the purposes of the law. 
No other statute, article or code will be affected by this proposal. 

sec.239.19. Schedule of Fines. 
In disciplinary matters, the Board shall assess a monetary fine in the 
circumstances and amounts as described: 
(1)-(2) (No Change.) 
(3) Fines shall be payable in full by cashier's check or money order not later 
than the 30th day after the date the Board's order is final, or otherwise 
designated in a Board Order. 
(4) (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.
Filed with the Office of the Secretary of State on March 26, 1998.
TRD-9804345
Marjorie A. Bronk, R.N.
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 305-8100

PART XXIII. Texas Real Estate Commission
CHAPTER 535.Provisions of the Real Estate License Act
SUBCHAPTER R.Licensed Real Estate Inspectors 
22 TAC sec.535.223 
The Texas Real Estate Commission (TREC) proposes an amendment to sec.535.223, 
concerning standard inspection report forms. The amendment would adopt by 
reference a standard inspection report form and provide guidelines for the use 
of the form as an alternative to other report forms adopted by the commission. 
TREC has a statutory duty to adopt standard inspection report forms and to adopt 
rules requiring licensed inspectors to use the report forms under Senate Bill 
Number 1100, 75th Legislature (1997). 
The proposed new report form, Inspection Report Form REI 7A-0, was developed to 
respond to complaints that the original standard inspection report form, Form 
REI 7-0, was difficult to use due to its length and design. Immediate 
replacement of the original inspection report form, however, could impose a 
financial burden on inspectors who have either had the form printed in volume or 
purchased computer software for completing the form. Once inspectors' existing 
supplies of the original inspection report form have been depleted, however, the 
commission intends to propose the elimination of that form. 
Under the proposed amendment, Form 7A-0 could be reproduced by computer and 
could also be used as a preprinted form. The report lists the systems and items 
the inspector is required to inspect under the TREC standards of practice, but 
does not list the sub-parts of each item. For example, the dishwasher is listed 
as an appliance on the form, but component parts such as door gaskets, door 
springs or control knobs are not separately listed. An inspector finding a 
problem in the door gasket would mark the report to show the dishwasher in need 
of repair and explain the nature of the problem in the space for comments. The 
amendment also would provide guidelines for the use of report forms previously 
adopted by TREC and would permit an inspector to delete duplicate headings and 
provisions. Comments provided on additional pages would be required to follow 
the sequence of the items listed on the standard forms. When using new form REI 
7A-0, the inspector also would be permitted to attach additional pages for 
comments or reproduce the form with additional space for comments following each 
item being inspected. 
The amendment also would clarify that the inspection report forms adopted by 
TREC are required to be used when the inspection is being performed for a 
prospective buyer or prospective seller. Because quality control construction 
inspections of homes often concern compliance with building codes, matters not 
addressed in the TREC standards of inspection, an exception is proposed for 
quality control inspections in the areas of new homes and remodeling. An 
exception also would be provided for reinspections, which are more limited in 
scope than the original inspections reported on the standard report forms. An 
exception also would be provided for inspections performed for relocation 
companies or for a seller's employer, either of which may desire only a limited 
inspection for the purpose of determining the value of the property being 
purchased from a transferring employee. This exception would not apply, however, 
unless the report form being used contains a specific notice cautioning 
prospective buyers that it is not a substitute for a comprehensive inspection of 
the property by an inspector of the buyer's choice. An inspector using a report 
form required by a relocation company would be required to attach the notice if 
the first page of the report form did not contain the notice. 
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. There 
is no anticipated impact on local or state employment as a result of 
implementing the section. 
Mr. Moseley also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be clarification of the commission's rules concerning 
the writing of inspection reports for consumers. Because the proposed section 
permits the inspector to choose which of the standard report forms to use and 
narrows the application of the section, there is no anticipated adverse effect 
on small businesses. Use of proposed form REI 7A-0 may reduce the number of 
pages of copies of reports made by the inspector. There is no anticipated 
economic cost to persons who are required to comply with the proposed section, 
other than the cost of copies of proposed form REI 7A-0, which could be 
reproduced on many word processors or preprinted by the inspector. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendment is proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties. 
The statute that is affected by this section is Texas Civil Statutes, Article 
6573a.

sec.535.223.Standard Inspection Reports.
(a) The Texas Real Estate Commission adopts by reference the following forms 
approved by the Texas Real Estate Commission in 1997 and 1998 and published and 
available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 
78711-2188: 
(1) Property Inspection Report, REI 7-0; 
(2) Property Inspection Report (Short Form), REI No. 7A-0; 
(3) [(2)] Optional Systems Property Inspection Report (Gas Lines), REI No. 8- 0; 
(4) [(3)] Optional Systems Property Inspection Report (Outbuildings), REI No. 9-
0; 
(5) [(4)] Optional Systems Property Inspection Report (Outdoor Cooking 
Equipment), REI No. 10-0; 
(6) [(5)] Optional Systems Property Inspection Report (Lawn and Garden Sprinkler 
System), REI No. 11-0; 
(7) [(6)] Optional Systems Property Inspection Report (Private Water Wells), REI 
No. 12-0; 
(8) [(7)] Optional Systems Property Inspection Report (Individual Private Sewage 
Systems), REI No. 13-0; 
(9) [(8)] Optional Systems Property Inspection Report (Built-in Security and 
Fire Protection Equipment), REI No. 14-0; and 
(10) [(9)] Optional Systems Property Inspection Report (Swimming Pools and 
Equipment), REI No. 15-0. 
(b) Except as provided by this section, inspections performed for a prospective 
buyer or prospective seller of one-to-four family residential property must be 
reported on forms adopted by the commission. Licensed inspectors shall complete 
the applicable portions of inspection report forms adopted by the commission and 
provide the reports to the persons for whom the inspection has been performed. 
Except as provided in this section, each inspector shall use either Property 
Inspection Report REI No. 7-0 or Property Inspection Report REI No. 7A-0 when 
reporting an inspection. If the inspector uses Property Inspection Report REI 
No. 7-0 and an inspection of an optional system is also to be performed, the 
inspector shall also complete the appropriate optional system property 
inspection report, REI Nos. 8-0 through 15-0, for each optional system 
inspected. When the inspection is limited to one or more of the optional 
systems, the inspector shall use either the appropriate optional system report 
form adopted by the commission or Property Inspection Report REI No. 7A-0. 
[Except when federal law requires a different report, each inspector licensed by 
the commission shall complete all applicable portions of Property Inspection 
Report REI No. 7-0 and, if an optional system is to be included, the appropriate 
Optional Systems Property Inspection Report, REI Nos. 8-0 through 15-0 ("the 
forms") and provide a copy of the forms to any person for whom the inspector has 
performed an inspection of residential property.]
(c) Inspectors may reproduce the forms adopted by the commission from printed 
copies obtained from the commission and may reproduce the forms by computer. 
With the exception of the changes to the forms which are permitted by this 
section, the inspector shall reproduce the forms verbatim and the spacing, 
length of blanks, borders, fonts and placement of text on the page must appear 
to be identical to that used by the commission in the printed version of the 
forms. Inspectors may insert information in the spaces provided for that 
purpose.
(d) When using either a printed version of the forms or a version reproduced by 
computer, the licensee shall comply with sec.535.222 of this title (Relating to 
Standards of Practice). If a part, component, or system contained in the forms 
is not present in the property or has not been inspected under the departure 
provisions of sec.535.222, the inspector shall make an appropriate notation on 
the forms, clearly indicating the reason the part, component or system has not 
been inspected. When using Property Inspection Report No. REI 7-0, or any of the 
optional systems report forms adopted by the commission, the [The] inspector may 
delete the subparts of the report form relating to the item which is not being 
inspected. The heading for the deleted item must appear at least once in the 
report. The inspector is not required to repeat headings. For example, the 
inspector may use the heading "gas or electric water heater" when reporting on a 
single water heater and is not required to repeat the heading if the property 
does not have a second water heater, and the inspector is deleting the second 
unit from the report. When using more than one of the optional systems report 
forms in the same inspection, the inspector also may delete duplicate provisions 
such as the identification of the property, date, and scope of the inspection. 
The inspector may not delete any portion of Property Inspection Report REI 7A-0. 
The inspector may reprint supplies of Property Inspection Report REI 7A-0 with 
such additional space for comments after each item or system as the inspector 
deems necessary and also may reproduce the form by computer adding space for 
comments as the inspector deems necessary. The inspector also may reprint or 
reproduce Property Inspection Report REI 7A-0 without any additional spaces for 
comments, attaching additional pages of comments to the report. The inspector 
may also renumber the pages of the form to correspond with any changes made 
necessary due to adding space for comments or deletions of text under this 
subsection. If necessary to report the inspection of a part, component or system 
not contained in the form, or space provided on the forms is inadequate for a 
complete reporting of the inspection, such as when the inspector provides a 
higher level of inspection performance than that required by sec.535.222, the 
inspector may attach additional pages to the forms. When providing comments or 
additional pages to report on items listed in a form, the inspector shall 
arrange the comments or additional pages to follow the sequence of the items 
listed in the form adopted by the commission. 
(e) This section does not apply to the following:
(1) quality control construction inspections in the areas of new homes, 
remodeling or reinspections; 
(2) inspections for which federal or state law requires use of a different 
report; or 
(3) inspections for which a relocation company or a seller's employer requires 
use of a different report, and the first page of the report contains a notice 
either in bold or underlined print reading substantially similar to the 
following: "This report was prepared for a relocation company or seller's 
employer in accordance with the company's requirements. The report is not 
intended as a substitute for a comprehensive inspection of the property by an 
inspector of the buyer's choice. Standard inspection reports required by the 
Texas Real Estate Commission may contain additional information a buyer should 
consider in making a decision to purchase." If the report form required by the 
relocation company or seller's employer does not contain the notice, the 
inspector shall attach the notice to the first page of the report at the time 
the report is prepared by the inspector.
(f) [(e)] Failure to comply with this section is grounds for the suspension or 
revocation of an inspector's license or the imposition of an administrative 
penalty by the commission. 
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804320
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 465-3900

TITLE 34. PUBLIC FINANCE
PART I. Comptroller of Public Accounts
CHAPTER 5.Funds Management (Fiscal Affairs)
SUBCHAPTER C.Claims Processing-Travel Vouchers
34 TAC sec.5.22
The Comptroller of Public Accounts proposes amendments to sec.5.22, concerning 
incorporation by reference: "State of Texas Travel Allowance Guide." 
The amendments are necessary to reflect the issuance of a new "State of Texas 
Travel Allowance Guide" by the comptroller. The new guide reflects changes made 
by the 75th legislature, regular session, 1997 to the Travel Regulations Act and 
to the travel provisions of the General Appropriations Act. The new guide also 
includes revised policies that are intended to promote efficiency and eliminate 
ambiguities concerning the travel of state officers and employees. Chapter 10 of 
the new guide lists the major differences between it and the previous guide. A 
copy of the new guide is available upon request from Claims Division, P.O. Box 
13528, Austin, Texas 78711. 
Mike Reissig, chief revenue estimator, has determined that for the first five-
year period the amendment will be in effect there will be no foreseeable 
implications relating to costs or revenues of the state or local governments. 
Mr. Reissig also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of adopting 
the amendment will be in providing new information regarding the travel of state 
officers and employees. There is no significant anticipated economic cost to 
individuals who are required to comply with the proposed rule. 
Comments on the proposal may be addressed to Kenny McLeskey, Manager of Claims 
Division, P.O. Box 13528, Austin, Texas 78711. If a person wants to ensure that 
the comptroller considers and responds to a comment made about this proposal, 
then the person must ensure that the comptroller receives the comment not later 
than the 30th day after the issue date of the Texas Register in which this 
proposal appears. If the 30th day is a state or national holiday, Saturday, or 
Sunday, then the first workday after the 30th day is the deadline. 
The amendments are proposed under the Government Code, sec.660.021, which 
requires the comptroller to adopt rules to administer the Travel Regulations Act 
and the travel provisions of the General Appropriations Act. 
The amendments implement the Government Code, sec.sec.660.001-660.146 and the 
General Appropriations Act, Article IX, sec.sec.4 and 13-19.

sec.5.22.Incorporation by Reference: "State of Texas Travel Allowance Guide."
The "State of Texas Travel Allowance Guide," [and its errata,] which was [were] 
issued by the comptroller in January 1998 [on February 29, 1996,] and filed with 
the secretary of state, is [are] incorporated by reference
as a section. The guide is [and the errata are] published by the comptroller in 
Austin, Texas, and copies may be obtained from the comptroller upon request. 
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804316
Martin Cherry
Chief, General Law
Comptroller of Public Accounts
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-4062

SUBCHAPTER D.Claims Processing-Payroll
34 TAC sec.5.46
The Comptroller of Public Accounts proposes an amendment to sec.5.46, concerning 
deductions for certain membership fees. The purposes of the amendments are as 
follows. 
First, the legislature in 1993 deleted the statutory requirement for the 
comptroller to establish an annual period for employee authorizations of 
deductions to pay membership fees to state employee organizations. Now, 
employees may authorize a deduction anytime during the year. The section is 
being amended to reflect this change. 
Second, the section contains provisions that apply only to past years. Those 
provisions are being deleted because they have been executed and are no longer 
necessary. 
Third, the legislature in 1997 gave the comptroller the discretion to charge 
administrative fees to cover costs incurred from administering the deduction. 
Previous law required the comptroller to charge the fees. The comptroller has 
decided not to charge the fees at this time. Therefore, the section is being 
amended to delete all references to the fees. 
Fourth, the section contains a few minor errors and obsolete statutory 
references that are being corrected. 
Mike Reissig, chief revenue estimator, has determined that for the first five-
year period the amendment will be in effect there will be no foreseeable 
implications relating to costs or revenues of the state or local governments.
Mr. Reissig also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of adopting 
the amendment will be in providing new information regarding deductions from the 
salaries or wages of state employees for paying membership fees to certain 
employee organizations. There is no significant anticipated economic cost to 
individuals who are required to comply with the proposed amendment. 
Comments on the proposal may be addressed to Kenny McLeskey, Manager, Claims 
Division, P.O. Box 13528, Austin, Texas 78711. If a person wants to ensure that 
the comptroller considers and responds to a comment made about this proposal, 
then the person must ensure that the comptroller receives the comment not later 
than the 30th day after the issue date of the Texas Register in which this 
proposal appears. If the 30th day is a state or national holiday, Saturday, or 
Sunday, then the first workday after the 30th day is the deadline. 
The amendment is proposed under the Government Code, sec.403.0165(h), which 
authorizes the comptroller to adopt rules for administration of the payroll 
deduction to pay membership fees to state employee organizations. The amendment 
implements the Government Code, sec.403.0165. 

sec.5.46.Deductions for Paying [Certain] Membership Fees to Employee 
Organizations.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise. 
(1)-(4) (No change.)
(5) Holiday - A state or national holiday as specified by the Government Code, 
sec.sec.662.001-662.010[General Appropriations Act or Texas Civil Statutes, 
Article 4591.2]. The term does not include a holiday that the General 
Appropriations Act prohibits state agencies from observing.
(6)-(16) (No change.) 
(b) (No change.)
(c) Effectiveness of authorization forms. 
(1) Effective date of authorization forms. 
(A)-(C) (No change.)
[(D) A state agency may not give any effect to an authorization form that the 
agency receives during December 1992 or during December of a later year.] 
(D) [(E)] Eligible organizations are solely responsible for ensuring that 
properly completed authorization forms are received by the deadline. 
(2) Return of authorization forms. 
[(A) A state agency shall return an authorization form to the eligible 
organization that submitted the form if the agency received the form during 
December 1992 or during December of a later year.] 
(A) [(B)] A state agency shall return an authorization form to the eligible 
organization that submitted the form if: 
(i) the form is incomplete, contains erroneous data, or is otherwise 
insufficient; and 
(ii) a deficiency listed in clause (i) of this subparagraph makes it impossible 
for the agency to establish the deduction in accordance with the form. 
(B) [(C)] A state agency shall return an authorization form to the eligible 
organization that submitted the form if the form is for an individual who is not 
employed by the agency. 
(C) [(D)] A state agency may either accept an authorization form from or return 
an authorization form to the eligible organization that submitted the form when 
the form postpones the first deduction authorized by this section beyond the 
effective date determined under paragraph (1) of this subsection. If the agency 
accepts the authorization form, then the agency may not make the deduction 
effective before the effective date specified on the form. 
(D) [(E)] A state agency shall state in writing the reason for the return of an 
authorization form. The statement must be attached to the form being returned. 
(3) (No change.)
(d)-(e) (No change.)
(f) Procedural requirements for certifying state employee organizations. 
(1) Request for certification. 
(A) (No change.)
(B) The comptroller may not certify a state employee organization if the 
comptroller receives the organization's request for certification after June 
2nd[3rd] of a fiscal year. 
(2) (No change.)
(g) (No change.)
(h) Effective date of certification. The
[(1) General effective date. Except as provided in paragraph (2) of this 
subsection, the] first deduction to pay a membership fee to an eligible 
organization may be made from salary or wages paid on the first workday of the 
second month following the month in which the comptroller certifies the 
organization. 
[(2) Exception. The first deduction to pay a membership fee to an eligible 
organization may be made from the salary or wages paid on February 3, 1992, if 
the comptroller certifies the organization during January 1992.] 
(i) Payments of deducted membership fees. 
(1)-(3) (No change.)
(4) Payment reconciliation and discrepancies. 
(A) An eligible organization shall reconcile the detail report provided by a 
state agency under subsection (l)[(p)] of this section with the amount of 
membership fees paid to the organization under this subsection. 
(B) An eligible organization must report all discrepancies between the detail 
report provided by a state agency under subsection (l)[(p)] of this section and 
the actual amount of membership fees received under this subsection. The 
organization must ensure that the agency receives the organization's report of 
the discrepancies by no later than the 60th calendar day after the day on which 
the agency mailed the detail report to the organization. If the 60th calendar 
day is not a workday, then the first workday following the 60th calendar day is 
the deadline. 
(C) A state agency that receives a report of discrepancies from an eligible 
organization shall investigate the discrepancy and notify the organization of 
the action to be taken to eliminate the discrepancy. A discrepancy may be 
eliminated by: 
(i)-(ii) (No change.)
(iii) recovering an excessive payment to an eligible organization of amounts 
deducted under this section by obtaining a refund from the organization in 
accordance with subsection (k)(7) [ (o)(7)] of this section; or 
(iv) (No change.)
(5) (No change.)
[(j) Charging administrative fees to cover start-up costs. The comptroller 
intends to adopt at a later date provisions relating to the administrative fees 
that will be charged to cover start-up costs.] 
[(k) Charging administrative fees to cover costs incurred during fiscal year 
1992. The comptroller intends to adopt at a later date provisions relating to 
the administrative fees that will be charged to cover costs incurred during 
fiscal year 1992.] 
[(l) Charging administrative fees to cover costs incurred during fiscal year 
1993. The comptroller intends to adopt at a later date provisions relating to 
the administrative fees that will be charged to cover costs incurred during 
fiscal year 1993.] 
[(m) Charging administrative fees to cover costs incurred during fiscal year 
1994 and subsequent fiscal years. The comptroller intends to adopt at a later 
date provisions relating to the administrative fees that will be charged to 
cover costs incurred during fiscal year 1994 and subsequent fiscal years.] 
(j) [(n)] Solicitation. Nothing in this section prohibits the head of a state 
agency from permitting or prohibiting solicitation by eligible organizations on 
the premises of the agency. 
(k) [(o)] Responsibilities of eligible organizations. 
(1) Disseminating information. 
(A) An eligible organization is solely responsible for the dissemination of 
relevant information to its representatives and employees.
(B) An eligible organization must ensure that its representatives and employees 
comply with the requirements of this section. 
(2) Notification to the comptroller. An eligible organization must notify the 
comptroller in writing immediately after a change occurs to: 
(A) the organization's name; 
(B) the street address of the headquarters of the organization;
(C) the mailing address of the headquarters of the organization, if different 
from the street address; or 
(D) the full name, title, telephone number, or mailing address of the 
organization's primary contact. 
(3) Primary contact. The individual that a state employee organization 
designates as its primary contact must represent the organization for the 
purposes of: 
(A) communicating with the comptroller, including receiving and responding to 
correspondence from the comptroller; and 
(B) disseminating information, including information about the requirements of 
this section, to representatives of the organization.
(4) Payee identification number. The payee identification number of an eligible 
organization must appear on all correspondence from the organization to the 
comptroller or a state agency. 
(5) Acceptance and submission of authorization forms.
(A) An eligible organization must accept an authorization form from a state 
employee if a refusal to accept the form would violate a law of the United 
States or the State of Texas. 
(B) An eligible organization must make a reasonable effort to ensure that the 
appropriate state agency receives the original of a state employee's 
authorization form within a reasonable time after the organization receives the 
form. [If an eligible organization receives an authorization form during the 
month of December, then the reasonable time deadline does not begin running 
until the first workday of the following January.]
(6) Acceptance and submission of cancellation forms and cancellation notices. 
(A) An eligible organization must accept a cancellation form or cancellation 
notice from a state employee unless: 
(i) the employee is not a member of the organization; or 
(ii) the employee did not properly complete the cancellation form. 
(B) An eligible organization must make a reasonable effort to ensure that the 
appropriate state agency receives the original of a state employee's 
cancellation form or cancellation notice within a reasonable time after the 
organization receives the form or notice. 
(7) Refunding excessive payments of amounts deducted under this section. 
(A) An eligible organization shall refund a payment of amounts deducted under 
this section to the extent the amount exceeds the amount that should have been 
paid to the organization if: 
(i) the organization receives a written request for the refund from a state 
agency; 
(ii) the agency provides reasonable evidence of the overpayment to the 
organization; and 
(iii) no subsequent payments of amounts deducted under this section are 
anticipated to be made to the organization. 
(B) If a refund is required by subparagraph (A) of this paragraph, the 
organization must ensure that the appropriate state agency receives the refund 
by no later than the 30th calendar day after the later of: 
(i) the date on which the organization receives the agency's written request for 
the refund; and 
(ii) the date on which the organization receives the agency's reasonable 
evidence of the overpayment. 
(l) [(p)] Responsibilities of state agencies.
(1) Reports of violations. A state agency may report to the comptroller a 
violation of this section that the agency believes an eligible organization or 
its representatives or employees might have committed. A report must be made in 
writing, and a copy of the report must be mailed to the organization at the same 
time that the original of the report is mailed to the comptroller.
(2) Authorization forms. A state agency:
(A) may accept authorization forms only if they comply with this section; 
(B) must ensure that the identifying information for an eligible organization on 
an authorization form is the same as the identifying information on the 
notification document received from the comptroller under subsection (g)(6)(B) 
of this section; and 
(C) may not accept an authorization form that contains an obvious alteration 
without the state employee's written consent to the alteration.
(3) Detail reports to eligible organizations. 
(A) This subparagraph applies to the employer of one or more state employees 
from whose salary or wages deductions authorized by this section are made. An 
employer must submit a detail report each month to each eligible organization 
that receives the deductions. The report must be submitted in the manner 
required by the organizations unless the employer is incapable of complying with 
the requirement. 
(B) A detail report to an eligible organization for a month must include: 
(i) the name, in alphabetical order, and social security number of each state 
employee from whose salary or wages a deduction was authorized by this section 
for the month, regardless of whether the deduction was actually made; and 
(ii) the amount of the deduction made for each employee.
(C) This subparagraph applies when the comptroller or an institution of higher 
education pays membership fees to an eligible organization by warrant or check. 
The appropriate state agency must mail the detail report for the payment to the 
organization by no later than the 20th calendar day of the month in which the 
payment was made. If the 20th calendar day is not a workday, then the first 
workday following the 20th calendar day is the deadline for mailing the report. 
(D) This subparagraph applies when the comptroller or an institution of higher 
education pays membership fees to an eligible organization by electronic funds 
transfer. The appropriate state agency must mail the detail report for the 
payment to the organization by no later than the 20th calendar day of the month 
in which the payment was made. If the 20th calendar day is not a workday, then 
the first workday following the 20th calendar day is the deadline for mailing 
the report. 
(m) [(q)] Termination of certification.
(1) Termination by the comptroller. 
(A) The comptroller may terminate the certification of an eligible organization 
only if the organization violates[:]
[(i)] subsection (e)(1) of this section [; or ]
[(ii) subsection (j)(3)(B) of this section
(B) The comptroller may determine the effective date of a termination under this 
paragraph. No deduction authorized by this section may be made to an eligible 
organization on or after the effective date of a termination under this 
paragraph. 
(C) When the comptroller terminates the certification of an eligible 
organization, the comptroller shall send written notice of the termination to 
the organization via certified mail, return receipt requested. 
(2) Termination by eligible organizations. 
(A) An eligible organization may terminate its participation in the deduction 
program authorized by this section only by terminating its certification. 
(B) An eligible organization may terminate its certification by providing 
written notice of termination to the comptroller. However, an organization may 
not provide written notice of termination to the comptroller until the 
organization has provided written notice of termination to each state employee 
from whose salary or wages a membership fee to the organization is being 
deducted.
(C) An eligible organization's termination of its certification is effective 
beginning with the salary or wages that are paid on the first workday of the 
third month following the month in which the comptroller receives the 
organization's proper notice of termination. 
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.
Filed with the Office of the Secretary of State, on March 27, 1998.
TRD-9804377
Martin Cherry
Chief, General Law
Comptroller of Public Accounts
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-4062

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART III. Texas Youth Commission
CHAPTER 95. Youth Discipline
SUBCHAPTER A. Disciplinary Practices
37 TAC sec.95.3, sec.95.15
The Texas Youth Commission (TYC) proposes an amendment to sec.95.3, concerning 
rules of conduct, contraband and dress and new sec.95.15, concerning parole 
minor disciplinary consequences. The amendment allows residential programs to 
require standardized hair styles for male youth committed to TYC. The new 
section will establish a consistent system for administering disciplinary 
consequences less sever than revocation for youth on TYC parole residing at home 
or home substitute. Minor parole disciplinary consequences will be imposed when 
a youth violates rules that may not be serious enough to warrant disciplinary 
movement or referral to criminal court. 
Terry Graham, Assistant Deputy Executive Director for Finance, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the section will increased public safety. 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. No private real property rights are 
affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, 
Texas 78765. 
The amendment and new rule are proposed under the Human Resources Code, 
sec.61.0811, which provides the Texas Youth Commission with the authority to 
develop a management system for parole services that objectively measures and 
provides for the systematic examination of children's needs and the development 
of treatment plans to address those needs. 
The proposed rules implement the Human Resource Code, sec.61.034. 

sec.95.3. Rules of Conduct, Contraband and Dress.
(a)-(g) (No change.) 
(h) Hair. 
(1) All males in [Youth in] TYC residential programs or contract residential 
programs are required to wear their hair in a standardized style. 
(2) (No change.) 
[(3) Males in community-based residential programs may wear hair that extends no 
lower than the collar of a dress shirt in the back or past the ear lobes on the 
side.] 
(3) [(4)] Youth must be clean shaven.
(i) (No change.) 

sec.95.15. Parole Minor Disciplinary Consequences. 
(a) Purpose. The purpose of this policy is to establish a consistent system for 
administering minor disciplinary consequences for youth on parole living at home 
or in a home substitute when youth violate rules which are not serious enough to 
warrant a Level I or II hearing. Such disciplinary consequences are considered 
minor consequences. 
(b) Applicability. 
(1) Rules herein do not apply to youth on parole status residing in a 
residential placement. 
(2) Major rule violations and appropriate consequences are not addressed herein 
and may be found in (GAP) sec.95.3 of this title (relating to Rules of Conduct, 
Contraband and Dress) and (GAP) sec.95.9 of this title (relating to Parole 
Revocation Consequences). 
(c) Explanation of Terms Used. 
(1) Minor Parole Disciplinary Consequences - appropriate consequences that may 
be administered when a youth violates rules which are not serious enough to 
warrant disciplinary movement, assigned length of stay, or referral to criminal 
court (major consequences). Minor disciplinary consequences include but are not 
limited to consequences defined herein. 
(2) Verbal Reprimand - conference with a youth including a verbal reprimand 
drawing attention to the misbehavior and serving as a warning that continued 
misbehavior could result in more severe consequences. 
(3) Resocialization Workbook Assignment - a written assignment given to the 
youth out of the youth's Resocialization workbook. 
(4) Curfew Restriction - an immediate change in existing curfew requirements 
outlined in the youth's Individual Case Plan (ICP). 
(5) Community Service Hours - disciplinary assignment of a specific number of 
hours the youth is to perform community service in addition to the hours already 
assigned based on the youth's classification.
(6) Increased Level of Surveillance - an assigned increase in the number of 
primary contacts between the youth and parole officer in order to increase the 
youth's accountability. 
(7) Electronic Tracking - assignment to a system whereby a youth's movement and 
location can be tracked electronically. 
(8) Intensive Surveillance Supervision - assignment to an intensive surveillance 
supervision program designed to restrict the youth's access to the community by 
establishing a stricter curfew and increased supervision by the parole officer. 
(9) Home Restriction - placement of a youth on total restriction, i.e., allowing 
no activity outside the assigned placement other than the approved constructive 
activities. 
(d) Rules For Imposing Consequences. 
(1) A parole minor disciplinary consequence will be imposed in accordance with 
level III hearing procedures found in (GAP) sec.95.57 of this title (relating to 
Level III Hearing Procedure) and (GAP) sec.95.1 of this title (relating to 
Discipline System Overview). 
(2) Restrictions may not interfere with basic rights.
(3) The most appropriate consequence among those available shall be selected 
within the following guidelines. 
(A) The consequences imposed should be the least restrictive necessary to effect 
learning more appropriate behavior and should be proportionate to the severity 
and extent of the violation. 
(B) The consequence should be imposed for the minimum period of time necessary 
to be effective in correcting the misbehavior. 
(C) Disciplinary consequences should generally be considered progressive in the 
order listed herein, however, regardless of order, the most appropriate 
consequence should be imposed. 
(D) More than one consequence may be levied and consequences may be served 
simultaneously. 
(4) Community service hours assigned will not exceed 40 hours for the purposes 
of a disciplinary consequence. 
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.
Filed with the Office of the Secretary of State on March 30, 1998.
TRD-9804440
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 483-5244

PART VIII. Private Sector Prison Industries Oversight Authority
CHAPTER 245. General Provisions
37 TAC sec.sec.245.10-245.13, 245.20-245.24, 245.30, 245.40, 245.41
The Private Sector Prison Industries Oversight Authority (the Authority) 
proposes new sec.sec.245.10-245.13, 245.20-245.24, 245.30, 245.40, and 245.41, 
concerning General Provisions. 
The new sections set the foundation for the newly created Authority appointed by 
the Governor under House Bill 1301. This initial set of rules set the standards 
for operation and the policies and procedures that are to be implemented in 
order to properly approve, certify, and oversee the operation of private sector 
prison industries programs in: the Texas Department of Criminal Justice, the 
Texas Youth Commission, and county jail correctional facilities in compliance 
with the federal Private Sector Prison Industry Enhancement Certification 
Program. 
Representative Ray Allen, ex officio member of the Oversight Authority and 
author of House Bill 1301, has determined from the Fiscal Note for House Bill 
1301 that the impact on state government is as follows. The probable net impact 
to general revenue related funds for the next five years is: $156,000.00 in 
Fiscal Year 1998; $938,000.00 in Fiscal Year 1999; $1,900,000.00 in Fiscal Year 
2000; $3,090,000.00 in Fiscal Year 2001; and $4,750,000.00 in Fiscal Year 2002. 
Representative Allen also has determined that this positive revenue is the 
tangible public benefit anticipated as a result of enforcing the sections as 
proposed. There will be no effect on small businesses. There will be no 
anticipated economic cost to persons who are required to comply with the new 
sections as proposed. 
Comments should be directed to Thomas Palmer, PIE Program Specialist, 8610 Shoal 
Creek, Austin, Texas 78757. Written comments from the general public should be 
received within 30 days of the publication of this proposal. 
The new sections are proposed under Texas Government Code, sec.sec.497.051-
497.062, which provides the Authority with the authority to promulgate rules; 18 
United States Code 1761; 42 United States Code, sec.sec.4321-4347; and 40 Code 
of Federal Regulations Part 1500. 
Cross Reference to Statute: Texas Government Code, sec.sec.497.051 - 497.062.  

sec.245.10. Establishment of the Private Sector Prison Industries Oversight 
Authority. 
(a) The Private Sector Prison Industries Oversight Authority (the Authority) 
shall meet as determined by the Presiding Officer designated by the Governor. 
(b) The Authority shall oversee agencies/entities, facilities and industries 
participating or desiring to participate in the Private Sector Prison Industry 
Enhancement Program as determined by State and Federal guidelines and law. This 
oversight function shall include: 
(1) establishment of Authority Rules and Procedures governing the Private Sector 
Prison Industry Enhancement Program as may be allowed under State and Federal 
law; 
(2) designation/un-designation of cost accounting centers; and, 
(3) determination of the compliance of cost accounting centers with State and 
Federal guidelines and law. 

sec.245.11. Payments by Industries to the Private Sector Prison Industries 
Oversight Account. 
(a) The participating agency/entity, facility or private industry partner(s) 
shall calculate the amount of unemployment insurance owed for each inmate 
participating in the Prison Industries Program utilizing the formula established 
by the Texas Workforce Commission for calculating the payment of unemployment 
insurance. 
(b) The participating agency/entity, facility or private industry partner(s) 
shall forward the amount of monies calculated under subsection (a) of this 
section to the State Comptrollers office for deposit in the General Revenue Fund 
in the Private Sector Prison Industries Oversight Account. 
(1) Monies shall be forwarded on a quarterly basis. A copy of the deposit shall 
be forwarded to the Oversight Authority or Designee.
(2) The payment shall be reflected in the PIE Quarterly Statistical Report.  

sec.245.12. Policy and Procedural Requirement for Participating 
Agencies/Entities.
(a) Participating agencies/entities shall develop policies and procedures, 
pertinent to their individual program and in keeping with State and Federal 
guidelines and law. 
(b) Participating agencies/entities shall submit their policies and procedures 
to the Private Sector Prison Industries Oversight Authority (the Authority) for 
review and approval through the PIE Program Specialist.
(c) The PIE Program Specialist shall review the submitted policies and 
procedures for compliance with State and Federal guidelines, law and Oversight 
Authority Rules. 
(1) After reviewing the submitted policies and procedures, the PIE Program 
Specialist shall forward the same to the Authority with a cover memo indicating 
any areas of perceived non-compliance. 
(2) The Authority shall review the submitted policies and procedures and the PIE 
Program Specialist's comments. The Authority shall then make a determination 
regarding approval of the submitted policies or the nature of any needed 
corrective action. 
(d) The Decision of the Authority shall be communicated to the participating 
agency/entity through the PIE Program Specialist. 

sec.245.13. Program Inquiries. 
All public inquiries, requests for information, and concerns regarding the 
Private Sector Prison Industries Program shall be directed to the Program 
Specialist, and all responses shall be copied to the Chairman of the Private 
Sector Prison Industries Oversight Authority, with the exception of: 
(1) information normally provided by the PIE Program Specialist as a routine job 
function or as technical assistance to the Authority, Bureau of Justice 
Assistance, state agencies, facilities or industry; or, 
(2) information that may be provided by participating agencies/entities, 
facilities or private industry partners regarding their specific program. 

sec.245.20. Designation of Cost Accounting Centers. 
(a) In order to obtain designation of a new cost accounting center (CAC), 
participating agencies/entities, facilities or industry partners shall gather 
and submit all the documentation required under sec.245.21 of this title 
(relating to Prevailing Wages and Non-displacement of Workers) and sec.245.22 of 
this title (relating to Consultation with Labor and Business Organizations) to 
the Authority for review through the PIE Program Specialist.
(b) Upon receipt of designation by the Authority, the Program Specialist shall 
notify the participating agency/entity, facility or industry partner and 
complete the appropriate Bureau of Justice Assistance forms for designation of a 
new CAC. 
(c) The PIE Program Specialist shall submit the designation forms and all 
supporting documentation to the Bureau of Justice Assistance. This documentation 
shall include: 
(1) copies of consultation provided business and labor organizations;
(2) prevailing wage and non-displacement of workers verifications;
(3) proof of workers compensation coverage or equivalent private insurance; and, 
(4) a copy of the voluntary agreement to be signed by offender participants. 

sec.245.21. Prevailing Wages and Non-displacement of Workers. 
(a) As a part of the cost accounting center (CAC) designation process, 
participating agencies/entities, facilities or industry partners shall submit 
verification of payment of the prevailing wage for each job classification, to 
the Private Sector Prison Industries Oversight Authority (the Authority) through 
the Private Industry Enhancement (PIE) Program Specialist. Wage plans may 
reflect the minimum wage for a two-month training period beginning the date 
employment begins. Subsequent to this two-month period, the wage plan must 
reflect the prevailing wage or a graduated wage earning base leading to the 
prevailing wage. If it is determined that there is no work of a similar nature 
in the locality, workers shall be paid no less than the minimum wage. The same 
information shall be submitted on an annual basis from the date of designation 
or as otherwise determined by the Authority. 
(b) Participating agencies/entities, facilities or private industry partners 
shall obtain written verification from the Texas Workforce Commission (TWC) that 
the wage plan reflects the prevailing wage for each job classification and: 
(1) that the industry project shall not result in displacement of free world 
workers; 
(2) that the industry project will not be applied in skills, crafts or trades in 
which there is a surplus of available gainful labor in the community; 
(3) that the industry project will not impair existing contracts for services. 
(c) If participating agencies/entities, facilities or private industry partners 
are unable to obtain the verifications required under subsection (b) of this 
section, they may request technical assistance from the PIE Program Specialist. 
(1) In order to obtain technical assistance, the agency/entity, facility or 
private industry partner must provide the PIE Program Specialist the following 
information for each job classification: 
(A) educational requirements; 
(B) job experience (if necessary); 
(C) an outline of activities to be performed; 
(D) specific responsibilities; 
(E) wage rate/progression for the position; 
(F) a description of each job; and, 
(G) the DOT, OES, or SIC numerical code and title as utilized by the Texas 
Workforce Commission (TWC) in the Openings and Wages by Occupation Data 
Collected Through Job Service Offices of the TWC. 
(2) The PIE Program Specialist shall attempt to obtain the required 
verifications from the TWC. If the TWC is unable to make the required 
verifications, the PIE Program Specialist shall calculate a prevailing wage and, 
if necessary as a part of the designation process for a new Cost Accounting 
Center, the verifications required under subsection (b) of this section, 
utilizing the most recent edition of Openings and Wages by Occupation Data 
Collected Through Job Service Offices of the TWC. This information shall be 
forwarded to the Authority for review.  

sec.245.22. Consultation with Labor and Business Organizations. 
(a) Participating agencies/entities shall, as a part of the designation process 
for a cost accounting center (CAC), provide consultation with representatives of 
local businesses and labor central bodies. Information shall be provided in 
writing and, at a minimum, shall include the following:
(1) identification of the scope of the intended project, including projected 
number of jobs for offenders and free world workers; 
(2) projected initiation date; 
(3) information regarding PIE participation; 
(4) prevailing wage information; 
(5) worker displacement information; and, 
(6) an explanation that statutory consultation is required.
(b) Participating agencies/entities shall provide the required consultations (by 
outgoing mail or fax) with business and labor organizations within three working 
days from the date of receipt of complete and accurate prevailing wage and non-
displacement of workers information. Failure to provide timely consultation with 
business and labor organizations in a timely manner may result in a delay in 
industry project designation by the Private Sector Prison Industries Oversight 
Authority (the Authority). 
(c) The information in subsection (b) of this section and any comments by 
business and labor shall be forwarded to the Authority, through the PIE Program 
Specialist, for designation review. 
(d) The PIE Program Specialist shall review the information for completeness 
prior to submission to the Authority. Incomplete information shall be returned 
with an explanation of the deficiency.  

sec.245.23. Worker's Compensation for Work Program Participants. 
(a) Participating agencies/entities, facilities or private industry partners 
shall provide proof of worker's compensation insurance to the Private Sector 
Prison Industries Oversight Authority (the Authority), through the PIE Program 
Specialist, as a requirement for designation of a cost accounting center (CAC) 
under the Private Sector Prison Industries Program (PIE) and, upon each renewal 
period. 
(b) Participating agencies/entities, facilities or private industry partners may 
provide private insurance of equal or greater coverage in lieu of worker's 
compensation.  

sec.245.24. Environmental Assessments.
As a part of the designation process of a new cost accounting center, 
participating agencies/entities, facilities or industry partners shall provide 
documentation of compliance with the National Environmental Policy Act. This 
documentation shall be provided to the Private Sector Prison Industries 
Oversight Authority (the Authority) through the PIE Program Specialist. 

sec.245.30. Distribution of Wages of Work Program Participants. 
(a) Participating agencies/entities, facilities and industry partners shall 
collect and disburse earned funds according to Federal Guidelines and the 
specific legislation authorizing their participation in the Private Sector 
Prison Industry Enhancement Program (PIE). 
(1) Allowable disbursements under Federal Guidelines are: 
(A) payroll taxes; 
(B) reasonable charges for room and Board; 
(C) allocations for support of family pursuant to State statute, court order, or 
agreement by the offender; and, 
(D) contributions to any fund established by law to compensate the victims of 
crime of not more than 20% but not less than 5.0% of gross wages. 
(2) The participating agency/entity, facility and industry partner shall collect 
deductions in accordance with the State law or proper authority authorizing such 
deductions. 
(b) Distribution of funds shall be reported in accordance with Federal 
Guidelines, with a copy forwarded to the Private Sector Prison Industries 
Oversight Authority through the PIE Program Specialist. 
(1) Distribution of funds shall be reported in the format designated by the 
Bureau of Justice Assistance. 
(2) The report shall be completed and forwarded on a quarterly basis using the 
calendar year (January 1 through December 31). The report shall be shall be 
submitted not later than the tenth working day following the end of the quarter. 
(c) The facility and industry partner shall maintain accurate records, both 
electronically and hard copy ready, of the receipt and distribution of offender 
earnings. Accounting records shall be available for audit by the Authority or 
representatives of the state or federal government. 
(d) The PIE Program Specialist shall compile a combined report reflecting all 
cost accounting centers and shall attach all backup reports. The report shall be 
forwarded to the Authority for review and a copy forwarded to the Bureau of 
Justice Assistance or designee. 
(e) The Authority may change the percentages of deductions from each category 
for good cause and within the parameters of state and federal law, upon 15 days 
written notice to the offender of such change. 

sec.245.40. Recidivism Studies.
(a) Agencies/entities sponsoring a private sector prison industry under the 
oversight of the Private Sector Prison Industries Oversight Authority (the 
Authority) shall, upon request of the Criminal Justice Policy Council (CJPC), 
provide information regarding the employment status of offender participants in 
the Private Sector Prison Industries Program that have been released under 
supervision. 
(1) The information requested may include the number released:
(A) who are presently employed; 
(B) who are unemployed; 
(C) who have transferred out of state; 
(D) who have discharged from supervision; 
(E) who have absconded; 
(F) who are in custody; 
(G) who have been revoked; and, 
(H) who are deceased. 
(2) Upon being notified of the request of the CJPC by the Chairman of the 
Oversight Authority, the PIE Program Specialist shall advise the participating 
agencies/entities of the specific information being requested. 
(b) The PIE Program Specialist shall forward the requested information from the 
participating agencies/entities to the CJPC upon receipt.

sec.245.41. Program Compliance.
(a) Agencies/entities shall develop policies and procedures and an audit plan to 
monitor their specific cost accounting centers for compliance with State and 
Federal law and guidelines. 
(1) Compliance monitoring reports, including a proposed corrective action plan 
for areas of non-compliance, shall be submitted to the Private Sector Prison 
Industries Oversight Authority (the Authority) through the PIE Program 
Specialist. 
(2) The Authority shall review the reports and determine the appropriateness of 
the indicated corrective action plan. Significant or continuing non-compliance 
may result in the un-designation of the cost accounting center. 
(b) Additionally, participating agencies/entities shall submit the following 
documentation. 
(1) Quarterly - Utilizing a Calendar Year (January to December).
(A) Facilities and industry partners shall submit the PIE Quarterly Statistical 
Report to their responsible agency/entity. The agency/entity shall review the 
report for accuracy and forward it to the PIE Program Specialist by the tenth 
working day of the end of the quarter. 
(B) The PIE Program Specialist shall review the report for completeness and 
accuracy, and produce a combined report of all cost accounting centers. The 
combined report shall be forwarded to the Authority and Bureau of Justice 
Assistance. 
(2) Annually - As Determined by the Oversight Authority.
(A) Agencies/entities, facilities and industry partners shall submit prevailing 
wage verification information, as required by sec.245.21 of this title (relating 
to Prevailing Wages and Non-displacement of Workers), to the Authority, through 
the PIE Program Specialist, within thirty working days of notification. 
(B) Participating agencies/entities, facilities and industry partners shall 
submit proof of worker's compensation or equivalent coverage to the Authority 
through the PIE Program Specialist within ten working days of notification. 
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.
Filed with the Office of the Secretary of State on March 30, 1998.
TRD-9804421
Carl Reynolds
General Counsel
Private Sector Prison Industries Oversight Authority
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-9693

PART XI. Texas Juvenile Probation Commission
CHAPTER 349.Standards for Child Abuse and Neglect Investigations in Secure 
Juvenile Facilities
The Texas Juvenile Probation Commission proposes new sec.sec.349.101-349.119 and 
sec.sec.349.501- 349.508, concerning child abuse and neglect investigations in 
secure juvenile facilities. The standards provide uniform procedures for 
investigating allegations of child abuse and neglect, and they identify whom and 
under what circumstances the Texas Juvenile Probation Commission (TJPC) may 
disclose information made confidential under sec.261.201 of the Texas Family 
Code. 
Lisa Capers, Deputy Executive Director and General Counsel, has determined that 
for the first five year period the standards are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the new standards. 
Ms. Capers has also determined that for each year of the first five years the 
new standards are in effect, the public benefit anticipated as a result of 
enforcement will be to ensure prompt and proper investigation of alleged child 
abuse or neglect in secure juvenile facilities. There are no anticipated 
economic costs to persons who are required to comply with these standards as 
proposed. There will be no effect on small businesses. 
Comments on the proposed standards may be submitted to Maribeth Powers at the 
Texas Juvenile Probation Commission, P. O. Box 13547, Austin, Texas 78711. 

SUBCHAPTER A.Intake, Investigation, and Assessment
37 TAC sec.sec.349.101-349.119
The standards are proposed under sec.261.401(b) of the Family Code and 
sec.141.042 of the Texas Human Resource Code, which provides the Texas Juvenile 
Probation Commission with the authority to adopt reasonable rules, including 
those which provide uniform procedures for investigating child abuse and neglect 
and which provide minimum standards for juvenile boards. No other code or 
article is affected by these new standards. 

sec.349.101.Terminology Used in Statutory Definitions of Child Abuse and Neglect 
and Person Responsible for a Child's Care, Custody, or Welfare.
When the Texas Juvenile Probation Commission (TJPC) receives and investigates 
reports of child abuse and neglect, the commission applies the statutory 
definitions of "abuse," "neglect," and "person responsible for a child's care, 
custody, or welfare" that appear in the Texas Family Code sec.261.001. The 
following paragraphs clarify and define words and phrases that occur in those 
definitions.
(1) Absent parent. A parent who is not primarily responsible for the child's 
care on an ongoing basis because of a divorce, separation, incarceration, or for 
some other reason. 
(2) Accident. An unforeseen event that causes or threatens physical injury 
despite prudent efforts to avoid the risk of injury. 
(3) "Causing, permitting, encouraging, engaging in, or allowing the 
photographing." A condition of the statutory definition of sexual abuse. It is 
met whether or not the child participates voluntarily. 
(4) "Compelling or encouraging the child to engage in sexual conduct." A 
condition of the statutory definition of sexual abuse. It is met whether the 
child actually engages in sexual conduct or simply faces a substantial risk of 
doing so. 
(5) Genuine threat. A verbal or behavioral expression of intent that appears 
true, likely, or believable; a substantial risk; or actions including, but not 
limited to, choking, suffocating, or shaking a child, or hitting a child on the 
head. 
(6) Guardian. Anyone named as "guardian of the person of a child" by a probate 
court order. 
(7) Incest. Any sexually oriented practice with a child by a person who knows or 
should know that he or she and the child are related by consanguinity or 
affinity. 
(8) Managing or possessory conservator. A person responsible for a child as the 
result of a district court order pursuant to the Texas Family Code, Chapter 153. 
(9) "Necessary to sustain the life or health of the child." A condition of the 
statutory definition of physical neglect. It is met if the failure to provide 
food, clothing, or shelter results in an observable and material impairment to 
the child's growth, development, or functioning, or in a substantial risk of 
such an observable and material impairment. 
(10) Observable and material impairment. Discernible and substantial damage or 
deterioration. 
(11) Pornographic. Containing an image that depicts a child under 18 at the time 
the image was made, who is involved in, performing, or simulating a sexually 
oriented act. 
(12) "Reasonable discipline that does not expose the child to a substantial risk 
of harm." Correction of a child's behavior that does not result in or risk 
substantial harm from physical injury. 
(13) "Reasonable effort to prevent." Actions that an ordinary and prudent person 
would take to stop an event from occurring. 
(14) Sexual assault. Any sexually oriented act or practice that results in harm 
or in substantial risk of harm to a child's growth, development, or 
psychological functioning. 
(15) Sodomy. Anal or oral copulation with another person or an animal. 
(16) Substantial harm. Real and significant physical injury or damage to a child 
that includes, but is not limited to, bruises, cuts, welts, skull or other bone 
fractures, brain damage, subdural hematoma, internal injuries, burns, scalds, 
wounds, poisoning, human bites, concussions, and dislocations and sprains. 
(17) Substantial risk. Real and significant possibility or likelihood. 

sec.349.102.Definitions.
The following words and terms when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise:
(1) Affinity--Related by an existing marriage. 
(2) Child's safety--Protection of a child from abuse or neglect. 
(3) Consanguinity--Related by blood or adoption. 
(4) Day--A calendar day. 
(5) Risk factors--Elements of individual and/or facility functioning that may 
place a child at risk of abuse or neglect. 
(6) Risk of child abuse or neglect--A reasonable likelihood that in the 
foreseeable future there will be an occurrence of child abuse or neglect as 
defined in the Texas Family Code (TFC), sec.261.001. Because the type of risk 
defined here does not appear in TFC, sec.261.001, it does not constitute abuse 
or neglect. 
(7) Serious physical abuse--Injuries which require or required prompt medical 
attention, may require hospitalization, and may endanger the child's life or 
cause permanent functional impairment, death, or disfigurement if untreated. 
(8) Serious sexual abuse--Oral, anal, or genital intercourse; or sexual acts 
performed with the child that involve the genitals or anus of either party, 
whether or not intercourse or contact occurred or that involve touching or 
fondling of the genitals, breasts, or anus of either party. 
(9) Strengths--Elements of individual and facility functioning that enhance the 
ability of an individual or a facility to protect a child from abuse or neglect. 

sec.349.103.Response to Reports That Do Not Allege Abuse or Neglect.
The Texas Juvenile Probation Commission (TJPC) staff will assist the public in 
understanding what to report and what can be done about it. If a report clearly 
does not involve child abuse or neglect or risk of abuse or neglect, TJPC will 
provide information and refer the reporter to other services which may help the 
child and family. 

sec.349.104.Availability of Intake Services.
A report of alleged child abuse or neglect in a secure juvenile facility shall 
be made to a law enforcement agency as required by TFC sec.261.405. During 
normal business hours, a report of alleged child abuse or neglect may 
additionally be made to TJPC directly. Additionally, the Texas Department of 
Protective and Regulatory Services operates the child abuse hotline for the 
receipt of reports of alleged child abuse or neglect twenty-four hours a day, 
seven days a week. 

sec.349.105.Priorities for Investigation and Assessment.
(a) To establish time frames for investigations, the Texas Juvenile Probation 
Commission (TJPC) assigns each report of child abuse or neglect to one of two 
priority groups. TJPC must initiate an investigation:
(1) within 24 hours of receiving a Priority I report; and
(2) within 10 days of receiving a Priority II report.
(b) The Texas Juvenile Probation Commission bases priority group assignments on 
its assessment of the immediacy of the risk and the severity of the possible 
harm to the child. 
(1) Priority I. Priority I reports concern children who appear to face an 
immediate risk of abuse or neglect that could result in death or serious harm. 
(2) Priority II. All reports of abuse or neglect that are not assigned to 
Priority I are assigned to Priority II. 

sec.349.106.Notification of Law Enforcement Agencies.
The Texas Juvenile Probation Commission (TJPC) must notify appropriate law 
enforcement agencies of reports of child abuse or neglect within the following 
time frames: 
(1) TJPC must give notice within 24 hours of receiving a priority I report, a 
sexual abuse report, or a report alleging abuse or neglect in a juvenile justice 
alternative education program that is not physically housed within the compound 
of a pre- or post-adjudication facility. The initial notification may be given 
orally or by facsimile. This deadline applies even if subsequent information 
shows that the report is unfounded or does not qualify for priority I treatment. 
TJPC must follow up an initial oral notification with written notification 
within three days after receiving the report. 
(2) TJPC must send written notification of all other reports within three days 
of receiving them. Facsimile generated reports are considered written 
notification. 

sec.349.107.Investigation Interviews.
(a) Basic steps. The primary purpose of the investigation is the protection of 
the child, as specified in the Texas Family Code, sec.261.201(d). To this end, 
the Texas Juvenile Probation Commission (TJPC) staff seek to identify protective 
issues as early in the investigatory process as possible, and terminate the 
investigation as early as possible if protective issues or risk based dynamics 
are not discovered. The TJPC investigator may: 
(1) interview and examine, or obtain an examination of, each alleged victim; 
(2) interview each child in the facility who may be at risk of abuse or neglect; 
(3) interview each of the alleged victim's parents; 
(4) interview the alleged perpetrator of abuse or neglect;
(5) interview collateral sources, including but not limited to, facility 
administrators, teachers, medical personnel, staff, volunteers and interns; 
(6) make a facility visit; 
(7) conduct a criminal background check on the alleged perpetrator; and/or 
(8) interview every child in the facility who may have information that will 
help determine whether any child in the facility: 
(A) has been abused or neglected; or 
(B) is at risk of abuse or neglect; and 
(9) examine each child in the facility unless information from other reliable 
sources makes doing so unnecessary. 
(b) Response to allegations of abuse or neglect. TJPC staff may respond to 
allegations of abuse or neglect in one of three ways. 
(1) Preliminary investigation (administrative closure). 
(A) Under certain circumstances, a report which was initially assigned for 
investigation may be closed administratively as a result of additional 
information, such that the situation no longer appears to meet the statutory 
definitions of abuse/neglect or risk of abuse/neglect. Criteria TJPC uses for 
consideration when deciding to administratively close a case include, but are 
not limited to, situations where a preliminary investigation reveals that: 
(i) the allegations have already been investigated by TJPC;
(ii) another authorized entity, such as law enforcement or another state agency, 
is, or will be, conducting the investigation; or 
(iii) TJPC does not have the authority to finish the investigation because: 
(I) the abuse or neglect or risk of abuse or neglect is not occurring in Texas; 
or 
(II) the initial collateral contacts refute the allegations and do not support 
evidence of abuse or neglect or risk thereof. This includes when a investigator 
finds no corroboration of abuse or neglect in a preliminary investigation of an 
anonymous report. 
(B) Administrative closure applies to the whole investigation, not individual 
allegations; therefore, TJPC staff must give all allegations the disposition of 
administrative closure if the goal is to close a case administratively.
(C) To administratively close a case assigned for investigation, TJPC staff must 
have made at least one contact with either a collateral or a principal who 
provides credible information. 
(2) Abbreviated investigation with a disposition of "ruled out/no risk." To 
conclude an investigation with findings of "ruled out/no risk," TJPC staff must, 
at a minimum: 
(A) interview and/or examine the alleged victim child; 
(B) interview at least one facility staff person; and 
(C) have determined that no abuse or neglect has occurred or is likely to occur 
in the foreseeable future because no significant risk factors were identified or 
risk is controlled. TJPC staff must assess the impact of any noted risk factors 
and document how those factors are controlled.
(3) Thorough investigation. 
(A) TJPC staff complete the steps to conduct a thorough investigation if the 
interview with the alleged victim child or the facility staff suggests that: 
(i) abuse or neglect did occur; 
(ii) risk of abuse or neglect is indicated; or 
(iii) it is impossible to determine, based on the child's and facility staff's 
statements, whether or not abuse or neglect occurred or risk of abuse or neglect 
is indicated. 
(B) Conducting a thorough investigation may include all of the basic steps 
specified in subsection (a) of this section, but must, at a minimum include: 
(i) an interview and examination of the alleged victim child;
(ii) an interview with at least one facility staff person; and 
(iii) an interview with the alleged perpetrator. Exception: If the alleged 
perpetrator is in police custody, TJPC staff must obtain authorization from the 
investigating police officer before conducting the interview to ensure that the 
alleged perpetrator's rights under criminal law are protected. 

sec.349.108.Roles Alleged at Intake.
Each person named in the report is assigned a role in the alleged abuse or 
neglect. Roles assigned at the initial acceptance of the report are: 
(1) Alleged victim. An alleged victim is a child who is suspected of being a 
victim of abuse or neglect as defined in Texas Family Code (TFC) sec.261.001(1) 
and (4). 
(2) Alleged perpetrator. An alleged perpetrator is a person responsible for the 
child as defined in TFC sec.261.001(5), who is suspected of being responsible 
for the alleged abuse or neglect. 
(3) Alleged victim/perpetrator. An alleged victim/perpetrator is a child 10 
years of age or older who is suspected of being a victim as described under 
paragraph (1) of this section, and is also suspected of victimizing other 
children in the facility named in this same report. 
(4) Unknown. A person with the role of unknown is a person whose actions with 
regard to the alleged abuse or neglect are not known by the reporter. The person 
may or may not have played a part in the suspected abuse or neglect. 
(5) No Role. A person with the role of no role is a person, according to the 
reporter, who could clearly not have had a role in the alleged abuse or neglect. 

sec.349.109.Interviews with Facility Administrators, Staff, and Alleged 
Perpetrators.
(a) Any investigative interviews may be announced or unannounced. The 
investigator decides whether to announce the visit on the basis of the nature of 
the allegations and the need to protect the child. 
(b) At the first contact with the facility administrators, staff and with the 
alleged perpetrators, the investigator must: 
(1) identify himself and have the Texas Juvenile Probation Commission (TJPC) 
identification available for inspection; 
(2) explain the nature of the complaint or the reason for the contact; 
(3) explain TJPC's role, legal responsibilities in the investigation, and 
procedures for conducting the investigation; 
(4) discuss each allegation in the report; 
(5) explain that the law requires TJPC to refer all reports of alleged child 
abuse or neglect to a law enforcement agency for a separate determination of 
whether a criminal violation occurred; 
(6) explain the person's right to file a complaint with the commission or to 
request a review of the findings made by the commission in the investigation; 
(7) explain the person's right to review all records of the investigation unless 
the review would jeopardize an ongoing criminal investigation; 
(8) explain the person's right to seek legal counsel; and 
(9) ask for a response to the allegations or an explanation of the alleged 
victim's situation in light of the report. 

sec.349.110.Interview.
An interview with a child alleged to be a victim of abuse or neglect shall be 
conducted in accordance with TFC 261.302(e) related to audio and video taping. 

sec.349.111.Medical Examinations.
If during the course of an investigation of child abuse or neglect TJPC 
determines a child in a facility is in need of a medical examination, TJPC shall 
notify the placing juvenile court and juvenile probation department immediately. 

sec.349.112.Completion of the Investigation and Assessment.
(a) To complete the preliminary investigation with an administrative closure, 
Texas Juvenile Probation Commission (TJPC) staff must have contacted at least 
one source who provided credible information such that the situation met the 
criteria for preliminary investigation as specified in sec.349.107(b)(1) of this 
title (relating to Investigation Interviews). 
(b) To complete an abbreviated investigation, TJPC staff must have: 
(1) interviewed the alleged victim child; 
(2) interviewed at least one facility staff person; 
(3) determined that abuse or neglect did not occur and that risk of abuse or 
neglect does not exist; and 
(4) documented how and why any noted risk factors are believed to be controlled. 
(c) To complete a thorough investigation and assessment, TJPC staff must have: 
(1) interviewed the alleged victim child; 
(2) interviewed at least one facility staff person; 
(3) interviewed the alleged perpetrator. Exception: If the alleged perpetrator 
is in police custody, TJPC staff must obtain authorization from the 
investigating police officer before conducting the interview to ensure that the 
alleged perpetrator's rights under criminal law are protected; 
(4) taken any other actions necessary to complete a thorough investigation; 
(5) determined whether abuse or neglect has occurred and the involvement of the 
persons in the situation; 
(6) determined whether there is a reasonable likelihood that a child will be 
abused or neglected in the foreseeable future; and 
(7) taken appropriate actions to provide for a child's immediate or short- term 
safety if a child is at risk of abuse or neglect in the immediate or short-term 
future. 
(d) At the end of the investigation, staff must assign a disposition to each 
allegation identified for the investigation in order to: 
(1) specify their conclusions about the occurrence of abuse or neglect; 
(2) derive the overall disposition for the investigation; and 
(3) derive the overall role for each person with respect to the abuse or neglect 
that was investigated. 

sec.349.113.Disposition of the Allegations of Abuse or Neglect.
(a) Allegation dispositions. An allegation disposition is the finding made in 
the investigation about each individual allegation of abuse/neglect which was 
identified at intake or during the investigation.
(1) Reason-to-believe. Based on some credible evidence, staff conclude that 
abuse or neglect has occurred. 
(2) Ruled-out. Staff determine, based on available information, that it is 
reasonable to conclude that the abuse or neglect has not occurred.
(3) Moved. Before staff could draw a conclusion, the persons involved in the 
allegation moved and could not be located. 
(4) Unable-to-determine. Staff conclude that none of the dispositions specified 
in paragraphs (1)-(3) of this subsection is appropriate.
(5) Administrative closure. Information received after a case was assigned for 
investigation reveals that continued Texas Juvenile Probation Commission 
intervention is unwarranted as outlined in sec.349.107 of this title (relating 
to Investigation Interviews). 
(b) Overall disposition. The overall investigation disposition is the summary 
finding about the abuse or neglect that was investigated. The overall 
disposition is derived from the individual allegation dispositions in the 
following manner: 
(1) Reason-to-believe. If any allegation disposition is "reason-to-believe," the 
overall case disposition is "reason-to-believe." 
(2) Ruled out. If all allegation dispositions are "ruled out," the overall case 
disposition is "ruled out." 
(3) Moved. If any allegation disposition is "moved" and no allegation 
disposition is "reason-to-believe" or "unable to determine," the overall 
investigation disposition is "moved." 
(4) Unable to determine. If any allegation disposition is "unable to determine" 
and no allegation disposition is "reason to believe," the overall case 
disposition is "unable to determine." 
(5) Administrative closure. Decisions with regard to administrative closure are 
made at the case level as specified in sec.349.507 of this title (relating to 
Investigation Interviews). Therefore, all allegations must be disposed of by 
indicating that administrative closure has been selected. If any one allegation 
meets criteria for allegation dispositions as specified in paragraphs (1)-(4) of 
this subsection, a case is not eligible for administrative closure. 

sec.349.114.Conclusions about Roles.
The overall role for a person at the end of the investigation is the summary 
finding about the person's involvement in the abuse or neglect that was 
investigated. After staff have given a disposition to all allegations, the roles 
for the persons involved in the abuse or neglect are derived. The following are 
the roles that can be derived at the end of an investigation of child abuse or 
neglect: 
(1) Designated victim. Based on some credible evidence, staff conclude that the 
child has been abused or neglected as defined in the Texas Family Code (TFC) 
sec.261.001(1) and (4). 
(2) Designated perpetrator. Based on some credible evidence, staff conclude that 
the individual is responsible for abuse or neglect of a child for whom that 
person has responsibility for care, custody, or welfare as defined in TFC 
sec.261.001(5). 
(3) Designated victim/perpetrator. Based on some credible evidence, staff 
conclude that the child, age 10 years or older, has both been a victim as 
described in paragraph (1) of this subsection and has abused or neglected other 
children who are in the facility and are named in the same investigation. 
(4) Unknown (unable-to-determine). Staff could not determine in the 
investigation whether the person was or was not involved in the alleged abuse or 
neglect because the investigator could not determine whether or not the alleged 
abuse or neglect occurred. 
(5) Unknown (moved). Staff could not determine in the investigation whether 
alleged abuse or neglect involving the person occurred or not because the person 
or family moved before a determination could be made. 
(6) No role. Either: 
(A) the overall disposition for the investigation is ruled out or administrative 
closure, as these are defined in sec.349.111 of this title (relating to 
Disposition of the Allegations of Abuse or Neglect), in which case all persons 
named in allegations are given the role of "no role";
(B) staff have determined that based on the available information, it is 
reasonable to conclude that the individual was not a victim of child abuse or 
neglect or is not responsible for abuse or neglect of a child in the 
investigation; or 
(C) the person was not alleged to have abused or neglected a child in the case. 

sec.349.115.Notification about Results.
(a) Notification in abbreviated and thorough investigations. The Texas Juvenile 
Probation Commission (TJPC) must notify the following parties about the 
disposition of an investigation within fifteen days of the completion of the 
investigation: 
(1) each alleged victim who was interviewed during the investigation;
(2) the parents of each alleged victim; 
(3) all absent parents of alleged victims, except for absent parents who are 
abusive, dangerous, or otherwise unlikely to protect the child; 
(4) each person interviewed as an alleged perpetrator;
(5) the person who reported the apparent abuse or neglect, if requested by the 
reporter; and 
(6) the juvenile court or juvenile probation department that placed the alleged 
child victim into the secure juvenile facility that is the subject of the 
investigation and the juvenile board in the county in which the facility is 
located. 
(b) Form of notification. Except as specified in subsection
(c) of this section, TJPC's notifications about the disposition of an 
investigation may be either written or oral. 
(c) Written notification to the designated perpetrator or designated 
victim/perpetrator. Within 15 days after completing an investigation, TJPC must 
give written notice of the findings of the investigation to everyone who has 
been identified as a designated perpetrator or designated victim/perpetrator as 
specified in sec.349.112(b)(1) of this title (relating to Conclusions about 
Roles). For a designated victim/perpetrator, the notice is sent to the child's 
parents. Under the Texas Family Code, sec.261.309(f), however, this requirement 
does not apply to cases in which a court determination is consistent with a 
finding that there is reason to believe that abuse or neglect has occurred, as 
specified in sec.349.111(1) of this title (relating to Disposition of the 
Allegations of Abuse or Neglect). 
(d) Notification in administratively closed investigations. When an 
investigation is closed administratively, TJPC staff notify: 
(1) the person who reported the apparent abuse or neglect, if requested by the 
reporter; 
(2) the parents as described in the Texas Family Code, sec.261.311, if a child 
was interviewed; 
(3) the facility administrator; and 
(4) the juvenile court or juvenile probation department that placed the alleged 
child victim into the secure juvenile facility that is the subject of the 
investigation and the juvenile board of the county in which the facility is 
located. 

sec.349.116.Risk Assessment and Safety Evaluation.
In addition to investigating any allegations of alleged child abuse or neglect 
in a secure juvenile facility, TJPC shall at the conclusion of an on-site 
investigation, if applicable, conduct a risk assessment and safety evaluation of 
the facility. Said assessment shall determine compliance with all applicable 
TJPC standards for secure juvenile facilities. 

sec.349.117.Providing Immediate or Short-Term Protection.
(a) The Texas Juvenile Probation Commission (TJPC) intervenes to provide for a 
child's immediate or short-term safety when: 
(1) the child is at risk of abuse or neglect in the immediate or short-term 
future; and 
(2) the facility cannot or will not protect the child without TJPC intervention. 
(b) When a child needs immediate or short-term protection as specified in 
subsection (a) of this section, TJPC must immediately notify the placing 
juvenile court who shall make arrangements to place the child in an appropriate 
setting. 

sec.349.118.Administrative Review of Investigation Findings.
(a) The purpose of an administrative review of investigation findings is to 
review the determination of whether abuse or neglect occurred, not to review the 
decision about risk conclusions. Anyone whom Texas Juvenile Probation Commission 
(TJPC) designates as a perpetrator or victim/perpetrator of child abuse or 
neglect as specified in sec.349.112(b)(1) of this title (relating to Conclusions 
about Roles) may request an administrative review of TJPC's investigation 
determination of whether abuse or neglect occurred.
(b) The designated perpetrator or designated victim/perpetrator must request the 
review in writing within 45 days after receiving TJPC's written notice of 
findings. 
(c) If civil or criminal court proceedings related to the abuse or neglect that 
TJPC has investigated are pending when a designated perpetrator or designated 
victim/perpetrator requests an administrative review, or if such proceedings are 
initiated before TJPC begins the review, TJPC may postpone the review until the 
proceedings are completed. 
(d) The designated perpetrator or designated victim/perpetrator has a right to: 
(1) appear in person at the review; 
(2) invite a representative to speak on his behalf; and
(3) submit relevant written material. 
(e) If the designated perpetrator or designated victim/perpetrator or his 
parents do not speak English or are hearing impaired, TJPC must provide a 
certified interpreter unless the designated perpetrator or designated 
victim/perpetrator or his parents choose to provide a certified interpreter of 
their own. 
(f) The designated perpetrator or designated victim/perpetrator or his parents 
are responsible for all costs they incur in connection with the review, 
including the cost of an interpreter if they choose to provide one. 
(g) The Executive Director of TJPC shall appoint a three member review committee 
to conduct the review. The reviewer must confirm or revise TJPC's original 
dispositions based on the same policies that TJPC applied during the original 
investigation. Within 30 days after completing the review, the reviewer notifies 
the designated perpetrator or designated victim/perpetrator of the outcome of 
the review. 
(h) The reviewer's notification must inform the designated perpetrator or 
designated victim/perpetrator that he can complain to TJPC's Advisory Board if 
he is dissatisfied with the reviewer's decision. To this end, the notification 
must include the address and telephone number of the advisory board. 
(i) If the reviewer or the advisory board revises TJPC's original findings or 
advises TJPC to take any other actions in the case, TJPC must:
(1) enter the revised findings into the investigation record;
(2) notify each person who was notified of the original findings about the 
revised findings, except for reporters who report in a non-professional 
capacity; and 
(3) take the other actions specified by the reviewer, if any. 
(j) Since the designated victim/perpetrator is a child, the parents may act on 
his behalf throughout the review process. The parents may request the review and 
participate in related decisions and requests as a representative of their 
child. 

sec.349.119.Testing.
(a) The placing juvenile court shall provide testing as necessary for the 
welfare of a child who TJPC believes, after an investigation under these 
standards, has been sexually abused, including human immunodeficiency virus 
(HIV) testing of a child who was abused in a manner by which HIV may be 
transmitted. 
(b) Except as provided by subsection (c), the results are confidential unless 
their release is authorized by law.
(c) If requested, the placing juvenile court shall report the results of a test 
under this section to: 
(1) a court having jurisdiction of a proceeding involving the child or a 
proceeding involving a person suspected of abusing the child;
(2) a person responsible for the care and custody of a child as a foster parent; 
and 
(3) a person seeking to adopt the child. 
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804366
Vicki Spriggs
Executive Director
Texas Juvenile Probation Commission
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 424-6681

SUBCHAPTER B.Confidentiality and Release of Records
37 TAC sec.sec.349.501-349.508
The standards are proposed under sec.261.401(b) of the Family Code and 
sec.141.042 of the Texas Human Resource Code, which provides the Texas Juvenile 
Probation Commission with the authority to adopt reasonable rules, including 
those which provide uniform procedures for investigating child abuse and neglect 
and which provide minimum standards for juvenile boards. No other code or 
article is affected by these new standards. 

sec.349.501.Purpose.
The purpose of this subchapter is to clarify to whom and under what 
circumstances the Texas Juvenile Probation Commission (TJPC) may disclose 
information made confidential under sec.261.201 of the Texas Family Code. 
Additional policy safeguards may be developed by TJPC as needed to ensure the 
proper implementation of these rules in specific cases. 

sec.349.502.Definitions.
The words and terms used in this subchapter shall have the following meanings, 
unless the context clearly indicates otherwise:
(1) Case records - All records described in sec.261.201(a) of the Texas Family 
Code which were collected, developed, or used in a child abuse or neglect 
investigation which are under the custody and control of the Texas Juvenile 
Probation Commission (TJPC). The term case records, as used in this subchapter, 
shall include investigation records, facility records as well as all juvenile 
court and probation department records in the custody and control of TJPC which 
relate to the placement of a child or which relate to the provision of other 
services to a child or the child's family. 
(2) Code - The Texas Family Code. 
(3) Investigation records - That portion of the records described in 
sec.261.201(a) of the Texas Family Code which were collected, developed, or used 
in a child abuse or neglect investigation and which are under the custody and 
control of TJPC. The term investigation records, as used in this subchapter, 
shall not include those records under the custody and control of TJPC which 
relate solely to the placement of a child or to the provision of services to a 
child or the child's family. 
(4) Report - A report of alleged or suspected child abuse or neglect, as 
described in Subchapter B, Chapter 261 of the Texas Family Code. 
(5) Reporter - An individual who, on his own initiative, makes an unsolicited 
report to TJPC, Texas Department of Protective and Regulatory Services, or to a 
duly constituted law enforcement agency, alleging the abuse or neglect of a 
child. If more than one individual makes an unsolicited report alleging abuse or 
neglect of the same child, all such individuals shall have the designation of 
reporter. 

sec.349.503.Access to Confidential
Information Maintained by the Texas Juvenile Probation Commission (TJPC).
(a) To the extent required by state or federal law, or to the extent deemed 
necessary by TJPC for the protection and care of children, TJPC may release case 
record information made confidential under sec.261.201(a) of the Texas Family 
Code to the following listed persons or entities: 
(1) TJPC staff, including authorized volunteers, as necessary to perform their 
assigned duties; 
(2) the facility administrator, the juvenile court and juvenile probation 
department that placed the alleged child victim into the secure juvenile 
facility that is the subject of the investigation and the juvenile board of the 
county in which the facility is located; 
(3) local, state, or federal law enforcement officials for the purpose of 
investigating allegations of child abuse or neglect or for the purpose of 
investigating allegations of false or malicious reporting of alleged child abuse 
or neglect and any authority mandated under another state's law to investigate 
allegations of child abuse or neglect; 
(4) a physician who has before him a child who the physician reasonably suspects 
may be the victim of child abuse or neglect and the physician requires this 
information to provide a diagnosis, prognosis, or treatment for the child; 
(5) a local, state, or federal government official when specifically required by 
law or when deemed necessary for the protection and care of a child; 
(6) a grand jury; 
(7) an attorney, attorney ad litem, guardian ad litem, or court appointed 
special advocate of an alleged victim of child abuse and neglect; 
(8) a court of competent jurisdiction in a criminal or civil case arising out of 
an investigation of child abuse and neglect; 
(9) an attorney of TJPC, the attorney general of the state, or a county attorney 
or district attorney, when such attorney represents the state in a proceeding 
arising out of an investigation of child abuse or neglect. 
(10) a member of the state legislature when necessary to carry out that member's 
official duties; and 
(11) any other person or entity responsible for the protection, diagnosis, care, 
treatment, supervision or education of a child who is the subject of a report or 
record of abuse or neglect, when, in the discretion of TJPC, such information is 
necessary to properly meet that child's needs.
(b) Upon a properly submitted request, TJPC shall provide access to confidential 
case records to the parent or other legal guardian of a child who was the 
alleged or actual victim of child abuse and neglect, provided that the records 
are redacted as described in sec.349.504 of this title (relating to Redaction of 
Records Prior to Release). For purposes of this subsection, a parent or other 
legal guardian means any parent, adoptive parent, possessory conservator, 
temporary or permanent managing conservator, legal guardian, or other legal 
representative of the child, provided that the requestor's parental or other 
legal relationship to the child has not been terminated at the time the request 
for information is made. TJPC may release confidential case records, or 
information contained therein, to a minor child who is the subject of those 
records if TJPC deems the release to be in the best interest of the minor child. 
(c) Upon a properly submitted request, TJPC shall provide access to confidential 
investigation records to an individual who was alleged or designated by TJPC to 
be a perpetrator in that investigation provided that the records are redacted as 
described in sec.349.504 of this title. A release under this subsection is 
limited to that portion of TJPC's records which were developed during the course 
of an investigation into child abuse or neglect and shall not include records 
related to the provision of services to a child or the child's family. 
(d) In accordance with sec.261.201(c) of the Code, and upon a properly submitted 
request, TJPC shall provide access to confidential case records to the adoptive 
or prospective adoptive parents of a child who was, or to an adult who was as a 
child, the subject of those records, provided that the records are redacted in 
accordance with sec.349.504 of this title and provided that the identity of the 
child's biological parents is protected. When releasing information under this 
subsection, TJPC need not redact the record to protect the identity of a 
biological parent whose identity is already known to the requestor. 
(e) An individual not otherwise entitled to have access to confidential records 
under this section, but who participated in, cooperated with, or otherwise 
contributed to an investigation of child abuse or neglect, may have access to 
only that portion of the case records obtained directly from or pertaining 
directly to that individual. 
(f) Notwithstanding any other provision in this subchapter, TJPC shall not 
disclose any record or information which, if released to the requestor, would 
interfere with an ongoing criminal investigation or prosecution.

sec.349.504.Redaction of Records Prior to Release.
(a) Unless otherwise permitted by law, prior to the release of confidential 
investigation or case records, the Texas Juvenile Probation Commission (TJPC) 
shall redact the records to remove the name, address, and any other information 
in the record which tends to reveal the identity of any individual as a 
reporter. In the event that an individual who was a reporter also provided a 
witness statement or other evidence during the course of the investigation, that 
individual's identity as a witness, as well as the information provided by that 
individual in the role of witness, will be released, provided that any 
information which might identify that individual as the reporter is redacted 
from the record prior to its release. 
(b) TJPC shall withhold the release of any records obtained from another source, 
if the release of that record to this requestor is specifically prohibited under 
state or federal law. Information which may be withheld under this section 
includes, but is not limited to, the following: 
(1) all medical records subject to the Medical Practices Act, Texas Civil 
Statutes, Article 4495b, unless their release to the requestor is authorized 
under sec.5.08 of that Act; 
(2) HIV information unless release to the requestor is authorized under the 
Health and Safety Code, Chapter 81; 
(3) criminal history or arrest records obtained from a law enforcement entity 
unless their release to the requestor is specifically authorized under state and 
federal law; 
(4) adult or juvenile probation records, as well as juvenile arrest records, 
unless their release to the requestor is specifically authorized under state and 
federal law; and 
(5) polygraph exam reports, unless their release to the requestor is 
specifically authorized under the Polygraph Examiners Act, Texas Civil Statutes, 
Article 4413(29cc), sec.19A. 
(c) Notwithstanding any other provision in this chapter, TJPC may withhold any 
information in its records if, in the judgment of TJPC, the release of that 
information would endanger the life or safety of any individual. TJPC shall keep 
a record of any information so withheld and shall document the specific factual 
basis for its belief that the release of the information would be likely to 
endanger the life or safety of an individual. 
(d) Information withheld from a requestor under this subsection, as well as the 
documented basis for withholding information under subsection (c) of this 
section, may be released only upon a court order pursuant to the provisions in 
sec.261.201(b) of the Code. 

sec.349.505.Procedures for Requesting Access to Confidential Information.
(a) A request for access to records made confidential under sec.261.201(a) of 
the Code shall be submitted on a standard form developed by the Texas Juvenile 
Probation Commission (TJPC) for this purpose. TJPC's standard form will be 
designed to obtain sufficient information from the requestor to determine which 
TJPC records are being requested, as well as to establish the requestor's 
identity and relationship to the records being sought. TJPC's standard form will 
provide additional instructions regarding the proper filing of the request and 
any fees which must be paid in order to obtain copies of the requested records. 
TJPC may waive the use of its standard form, or may request additional 
information not included on the form, if TJPC deems it appropriate under the 
circumstances surrounding a particular request. 
(b) Upon receipt of a proper request for copies of records, and a determination 
that the requestor is entitled to have access to those records, TJPC will 
provide copies of the requested records, subject to the exception in sec.349.506 
of this title (relating to Videotapes, Audiotapes, and Photographs). 
(c) Records will not be released under sec.349.503(b)-(e) of this title 
(relating to Access to Confidential Information Maintained by the Texas Juvenile 
Probation Commission (TJPC) until the investigation of an allegation of child 
abuse or neglect is complete. Requests for records will be filled on a priority 
basis, with a higher priority assigned to those requests related to the adoption 
of a child or to a pending administrative, civil, or criminal court hearing. 
(d) Notwithstanding any other provision in this subchapter, if TJPC has been 
sued by any party and TJPC determines that the release of the requested records 
might interfere with its defense of that litigation, TJPC may require that a 
requestor seek access to records under the appropriate rules of civil procedure 
rather than these rules. 
(e) Individuals not otherwise authorized to obtain records under this subchapter 
or through the rules of civil or criminal procedure must obtain a court order 
using the procedures outlined in sec.261.201(b) of the Code. 

sec.349.506.Public Information.
The Texas Juvenile Probation Commission (TJPC) shall compile statewide 
statistics on the incidence of child abuse and neglect as required by TFC 
sec.261.402. The following information related to a secure juvenile facility is 
available to the public upon request:
(1) The number of allegations of child abuse and/or neglect made regarding 
children in the facility; 
(2) Whether the allegation involved abuse or neglect or a child; 
(3) The overall disposition of the investigation. 

sec.349.507.Videotapes, Audiotapes, and Photographs.
(a) Individuals who are authorized under sec.349.503 of this title (relating to 
Access to Confidential Information Maintained by the Texas Juvenile Probation 
Commission (TJPC)) to have access to investigation records or case records may 
view and or listen to any videotapes, audiotapes, or photographs which are a 
part of those records. Access to this category of records will be permitted only 
in controlled areas, designated by TJPC, at a time mutually convenient to the 
requestor and TJPC. When viewing or listening to these records, the requestor 
may not be accompanied by any individual who would not otherwise be entitled to 
have access to these records, unless the participation of this individual is 
deemed by TJPC to be appropriate under the circumstances surrounding the 
request. 
(b) Copies of videotapes, audiotapes, and photographs may be provided to the 
individuals or entities identified in sec.349.503(a) of this title, only if, in 
the judgment of TJPC, the provision of a copy is essential to the investigation, 
prosecution, or resolution of a case. Copies of videotapes, audiotapes, and 
photographs will not be provided to any other individual unless so ordered by a 
court pursuant to sec.261.201(b) of the Code. 

sec.349.508.Charges for Copies of Records.
Records provided under authority of sec.349.503(a) and (d) of this title 
(relating to Confidential Information Maintained by the Texas Juvenile Probation 
Commission (TJPC)), will be provided at no charge to the requestor. All other 
requestors will be charged a fee, using the same fee structure as that used by 
TJPC when assessing charges under Chapter 552, Texas Government Code. When 
calculating charges under this rule, TJPC shall include a charge for all staff 
time expended in the redaction of records, regardless of whether the records are 
redacted by a TJPC attorney. TJPC may waive charges when it determines that such 
a waiver is necessary to protect the due process rights of the requestor. 
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804367
Vicki Spriggs
Executive Director
Texas Juvenile Probation Commission
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 424-6681

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 77.Continuing Education
The Texas Department of Human Services (DHS) proposes the repeal of 
sec.sec.77.1-77.5, concerning legal base for educational contracts, graduate 
school contracts, procedures for establishing a contract between the school and 
the department, undergraduate school contracts, and field placement contracts, 
and sec.sec.77.9- 77.12, concerning financial assistance to students, student 
selection criteria and procedures, agreement to seek employment, and FFP 
adjustment procedure; the adoption of new sec.sec.77.10-77.15, concerning 
purpose and scope, definitions, employee training, employee training 
obligations, education assistance program, and employee assistance obligations; 
and the renaming of Chapter 77, Continuing Education, with Chapter 77, 
Employment Practices. The purpose of the repeals and new sections is to replace 
the obsolete training plan that references Child Protective Services training 
with one that reflects the current needs of DHS. 
Eric M. Bost, commissioner, has determined that for the first five-year period 
the sections are in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to promote a more efficient use of public funds through the 
deletion of outdated training provisions and the inclusion of provisions that 
reflect the agency's current training needs. The rule has no adverse economic 
effect on small businesses, because the policy is internal to DHS. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed sections. 
Questions about the content of this proposal may be directed to Penny Potter at 
(512) 438-3994 in DHS's Human Resource Services. Written comments on the 
proposal may be submitted to Supervisor, Rules and Handbooks Unit-206, Texas 
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, 
within 30 days of publication in the Texas Register.

Policy and Procedures
40 TAC sec.sec.77.1-77.5, 77.9-77.12
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Human Services or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Government Code, Chapter 656, which 
authorizes the department to adopt rules relating to employee training and 
education. 
The repeals implement the Government Code, sec.656.048.
sec.77.1.Legal Base for Educational Contracts.
sec.77.2. Graduate School Contracts. 
sec.77.3. Procedures for Establishing a Contract Between the School and the 
Department. 
sec.77.4. Undergraduate School Contracts. 
sec.77.5. Field Placement Contracts. 
sec.77.9. Financial Assistance to Students. 
sec.77.10. Student Selection Criteria and Procedures.
sec.77.11. Agreement to Seek Employment.
sec.77.12.FFP Adjustment Procedure.
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804354
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: June 1, 1998
For further information, please call: (512) 438-3765

SUBCHAPTER A.Employee Training and Education
40 TAC sec.sec.77.10-77.15
The new sections are proposed under the Government Code, Chapter 656, which 
authorizes the department to adopt rules relating to employee training and 
education. 
The new sections implement the Government Code, sec.656.048.

sec.77.10.Purpose and Scope.
In accordance with the State Employees Training Act, Government Code, Chapter 
656, Subchapter C, it is the policy and practice of the Texas Department of 
Human Services (DHS) to encourage employees' professional development through 
training and education programs. These programs are designed to increase the 
employee's job potential and bring new technology and educational methods to the 
workplace. This subchapter prescribes the policies governing employee 
eligibility for participation in DHS's training and education program, and the 
obligations of the employees upon receiving education. 

sec.71.11. Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
(1) Assistance - Financial aid provided by the Texas Department of Human 
Services (DHS) to its employees for education expenses. 
(2) Commissioner - The commissioner of DHS. 
(3) DHS - The Texas Department of Human Services. 
(4) Employee - An individual employed with DHS in either a full-time or part-
time position, not including contract employees. 
(5) Hardship - A serious or catastrophic illness, family emergency, or 
extenuating circumstance beyond the control of the student that precludes the 
student from being reasonably expected to comply with the terms of an education 
assistance agreement. 
(6) Institution of higher education - A public or private technical institute, 
junior college, senior college, university, medical or dental unit, or other 
institution offering an associate's, baccalaureate, master's, or doctoral degree 
program. 
(7) Part-time employee - An individual employed with DHS and working between 20 
and 39 hours per week. 
(8) Professional development requirement - Educational or technical training 
required for an employee to maintain current skills, professional standards, or 
license requirements. 
(9) Training - Planned, structured activities designed to improve employee job 
performance and job related skills by achieving specific, measurable, and 
predetermined learning objectives. 

sec.71.12. Employee Training. 
(a) Purpose. The Texas Department of Human Services (DHS) provides opportunities 
for enhancing job skills and for meeting professional development requirements 
through in- house or contract training activities. This section establishes 
eligibility criteria for employee participation in DHS training opportunities. 
(b) Eligibility. DHS may provide training for an employee if the commissioner or 
his or her designee determines that such training will:
(1) enhance the employee's ability to perform his or her current job duties, or 
enable the employee to perform prospective job duties; and
(2) benefit both DHS and the employee by: 
(A) providing the employee with opportunities to fulfill professional 
development requirements; 
(B) providing greater employee career planning choices; or
(C) introducing new, more effective technologies to DHS.

sec.71.13. Employee Training Obligations.
(a) Obligation. Employee training under sec.71.12 of this title (relating to 
Employee Training) is conditional upon: 
(1) the employee attending and satisfactorily completing the training, including 
passing tests or other types of performance measures where required; and
(2) at the discretion of the commissioner, the employee completing and filing 
with the Texas Department of Human Services (DHS), on forms prescribed by DHS, 
an employee training agreement that sets forth the terms and conditions of the 
training assistance, including: 
(A) payback of the amount of the assistance; and 
(B) a declaration of intent to abide by the terms of the agreement.
(b) Waiver. At the discretion of the commissioner or his or her designee, an 
employee's obligation to abide by the terms of the agreement under subsection 
(a) of this section may be waived if the commissioner or his or her designee 
determines that it is in the state's best interest. A commissioner's waiver is 
requested through either the employee's supervisor's request for a waiver or a 
petition for a waiver from the employee. 

sec.71.14. Education Assistance Program. 
(a) Purpose. At the discretion of the commissioner, the Texas Department of 
Human Services (DHS) may provide professional growth opportunities through an 
education assistance program. The program enables DHS to assist employees who 
wish to pursue an academic degree or continuing education if they meet minimum 
requirements and this pursuit benefits DHS. This section establishes eligibility 
criteria for participation in the program. 
(b) Eligibility. 
(1) Degree program. To be eligible for consideration for participation in an 
associate's degree, baccalaureate degree, master's degree, or doctorate degree 
program under the educational assistance program, an employee must:
(A) be in good standing with DHS and meeting all performance expectations; 
(B) have at least 12 months of service time with DHS or 24 months if the 
employee is seeking a graduate degree; 
(C) complete and file with DHS, on forms prescribed by DHS, an education 
assistance agreement that sets forth the terms and conditions of the assistance, 
including the amount of the assistance, the requirements of continued 
eligibility under this subsection, and a declaration of intent to abide by the 
terms of the agreement; 
(D) have written acceptance from an accredited institution of higher education 
and a degree plan signed by the institution's department dean or the dean's 
designee; 
(E) seek enrollment and participation in a field of study that: 
(i) relates to assigned work; 
(ii) satisfies a professional development requirement; or
(iii) meets minimum requirements for a profession in which DHS anticipates 
staffing needs, provided that the employee receives the commissioner's or his or 
her designee's approval based upon the employee's aptitude demonstrated through 
job performance; and 
(F) have the commissioner's or his or her designee's approval for associate, 
baccalaureate, master's, and doctoral degree programs. 
(2) General Equivalency Diploma. To be eligible for participation in a General 
Equivalency Diploma program under the educational assistance program an employee 
must: 
(A) be in good standing with DHS and meeting all performance expectations; 
(B) have at least 12 months of service time with DHS; 
(C) complete and file with DHS, on forms prescribed by DHS, an education 
assistance agreement that sets forth the terms and conditions of the assistance, 
including the amount of the assistance, the requirements of continued 
eligibility under this subsection, and a declaration of intent to abide by the 
terms of the agreement; 
(D) have a written acceptance from the program; and 
(E) have the commissioner's or his or her designee's approval.
(c) Continued eligibility. 
(1) Degree program. To maintain eligibility for the degree program, a student 
must: 
(A) be enrolled each semester in an institution of higher education and in a 
course of instruction leading toward a degree in an eligible profession; and 
(B) maintain a passing grade point average. 
(2) General Equivalency Diploma. To maintain eligibility for the General 
Equivalency Diploma program, a student must: 
(A) be enrolled each semester or quarter in a General Equivalency Diploma 
program; and 
(B) maintain a passing grade point average. 
(3) Upon approval of the commissioner or his or her designee, an employee may 
change his or her status from full-time to part-time to accommodate class 
scheduling.
(4) The commissioner or his or her designee will reconsider the employee's 
participation in the program each semester. DHS may deny further participation 
if the employee does not meet the requirements of this subsection or 
sec.71.15(a) of this title (relating to Employee Obligations) or if the 
employee's first and second line supervisors determine that the employee's 
participation in a degree program adversely affects the employee's job 
performance.
(d) Type of institution. An employee who participates in the education 
assistance program must attend a public institution in the State of Texas, 
unless: 
(1) no accredited public institution offers program courses that can reasonably 
be attended by an employee within a normal combination work and school day; 
(2) the public institution does not offer the approved courses or degree 
program; 
(3) the admission requirements of the public institution are so restrictive as 
to preclude the employee's qualification for the program;
(4) the completion of the degree or course at a private institution costs less 
than a public institution; or 
(5) the employee attends the private institution under an agreement that DHS 
will pay only the equivalent of what the education would have cost at a public 
institution. 
(e) Eligible expenses. Financial assistance may be awarded for some or all of 
the following expenses: 
(1) tuition, including correspondence courses that fulfill degree, trade, or 
technical school plan requirements or are taken while pursuing a General 
Equivalency Diploma; 
(2) College Level Equivalency Program (CLEP) exams or similar exams if the 
student scores high enough to receive college credit or a waiver of course 
requirements if the requirements are part of the employee's degree plan; 
(3) life experience assessments for which the student obtains a credit if the 
credit is part of the employee's degree plan; and
(4) required fees and books. 

sec.71.15. Employee Assistance Obligations.
(a) Obligation. 
(1) Educational assistance under sec.71.14 of this title (relating to Education 
Assistance Program) is conditional upon the employee:
(A) agreeing to work for the Texas Department of Human Services (DHS) for a 
minimum of two years for an associate's or bachelor's degree and three years for 
a graduate degree, commencing 30 days following the date of the employee's 
receipt of the degree, providing the employee meets all conditions of employment 
and eligibility at that time; 
(B) following the terms and conditions of the education assistance agreement and 
requirements for continued eligibility; and 
(C) completing and passing each individual course. 
(2) Each semester, a student must provide grade reports for verification that 
full credit was received for courses taken.
(b) Offset. Employees shall provide to DHS fee receipts for courses to be taken 
and shall promptly report to DHS any outside funds such as grants, scholarships, 
or other financial aid received. DHS will deduct from an employee's education 
assistance any amounts the employee receives through grants, scholarships, or 
other financial aid for tuition, required fees, and books. 
(c) Cancellation and suspension. 
(1) Cancellation. DHS will cancel the student's education assistance agreement 
and require the student to repay all funds, not including salary, received from 
DHS under sec.71.14 of this title (relating to Education Assistance Program) if 
the student: 
(A) withdraws from the institution; 
(B) is removed or prohibited from attending the institution;
(C) fails to comply with one or more terms of the education assistance 
agreement; or 
(D) is terminated for poor performance or behavior during the duration of the 
student's education assistance agreement, including the employment period 
required by subsection (a)(1)(A) of this section.
(2) Suspension. If an employee is placed on disciplinary probation, DHS may 
suspend the employee's participation in the education assistance program. 
(d) Repayment. 
(1) A student who is liable for repayment under subsection
(c) of this section shall repay DHS in accordance with this subsection. 
(2) DHS will establish a degree program repayment schedule of: 
(A) up to 60 equal monthly installments beginning 90 days after the effective 
date of cancellation; and 
(B) minimum installments based on the student's ability to repay and amount of 
funds owed, with a minimum installment requirement of $20 per month. 
(3) General Equivalency Diploma program students taking academic classes who 
fail to complete or pass a course must repay funds provided by DHS for that 
course. 
(A) DHS will establish a repayment schedule of up to 12 equal monthly 
installments beginning 60 days after verification of failure or noncompletion of 
the course. 
(B) DHS will not pay expenses incurred to retake the same course or take a 
substitute for that course. 
(4) The commissioner or his or her designee may approve the reduction, deferral, 
or extension of the prescribed repayment period. 
(5) Any reduction, deferral, or extension of the repayment period does not 
relieve the employee of his or her responsibility to repay the funds owed. 
(6) If DHS cancels a student's education assistance agreement, the student will 
no longer be eligible for assistance under sec.71.14 of this title (relating to 
Education Assistance Program), unless the student has repaid DHS in accordance 
with this subsection and: 
(A) the student demonstrates that the cancellation was due to a hardship; or 
(B) at least three years have passed since DHS canceled the student's education 
assistance agreement. 
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804355
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: June 1, 1998
For further information, please call: (512) 438-3765

PART XIX. Texas Department of Protective and Regulatory Services
CHAPTER 700.Child Protective Services
SUBCHAPTER D.School Investigations
40 TAC sec.sec.700.401-700.413
The Texas Department of Protective and Regulatory Services (TDPRS) proposes new 
sec.sec.700.401-700.413, concerning purpose of investigation in school setting, 
definitions, definition of child abuse and neglect in school investigations, 
criteria for accepting reports and conducting school investigations, 
notification to law enforcement agencies of reports of abuse or neglect in 
school investigations, priorities and time frames for initiating school 
investigations, notification to school principal of impending school 
investigation, conducting the school investigation, conducting interviews or 
examinations, dispositions in school investigations, notification to school 
officials of findings in a school investigation, notification of findings to 
non-school officials in a school investigation, and retention of investigative 
reports, in its Child Protective Services chapter. The purpose of the proposal 
is to implement sec.18 of House Bill 1826, which requires TDPRS to establish 
rules to implement sec.261.406 of the Texas Family Code, regarding 
investigations in schools. The proposed rules define abuse and neglect of 
children by school personnel or volunteers at the child's school in public or 
private schools and describe procedures for its report, investigation, and 
review by Child Protective Services. The rules are proposed in new Subchapter D, 
School Investigations. 
Cindy Brown, Budget and Analysis Division Director, has determined that for the 
first five-year period the proposed sections will be in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
Ms. Brown also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to inform reporters of abuse or neglect, school-related 
entities, and the public of the definitions and procedures that TDPRS will use 
to receive and act on reports of abuse or neglect in school settings. There will 
be no adverse economic effect on small business because the rules do not require 
schools to take any actions. There is also no adverse economic effect on large 
business for the same reason. There is no anticipated economic cost to persons 
who are required to comply with the proposed sections. 
Questions about the content of the proposal may be directed to Kay Love at (512) 
438-3305 in TDPRS's Child Protective Services section. Written comments on the 
proposal may be submitted to Supervisor, Rules and Handbooks Unit-071, Texas 
Department of Protective and Regulatory Services E-205, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register. 
The new sections are proposed under the Human Resources Code, Title 2, Subtitle 
D, Chapter 40, which provides the department with the authority to propose and 
adopt rules to comply with state law and implement departmental programs; and 
under the Texas Family Code, Chapters 261 and 264, which authorizes the 
department to provide services to alleviate the effects of child abuse and 
neglect. 
The new sections implement the Human Resources Code, Chapter 40, and the Texas 
Family Code, Chapters 261 and 264. 

sec.700.401.Purpose of Investigation in School Setting.
The purpose of this subchapter is to define abuse and neglect of children by 
school personnel or volunteers in public or private schools and to describe 
procedures for its report, investigation, and review by Child Protective 
Services of the Texas Department of Protective and Regulatory Services pursuant 
to Chapter 261, Texas Family Code and to describe related procedures. 

sec.700.402.Definitions.
The terms used in this subchapter shall have the meanings assigned to those 
terms in Texas Family Code, Chapter 261, and in Subchapter E of Chapter 700 of 
this title (relating to Intake, Investigation, and Assessment), unless the 
context clearly indicates otherwise or the term is otherwise defined below:
(1) Alleged perpetrator - A person who is alleged or suspected of being 
responsible for the abuse or neglect of a child. 
(2) Child - A person under 18 years of age who is not and has not been married 
or who has not had the disabilities of minority removed for general purposes. 
(3) CPS - Child Protective Services, a program within the Texas Department of 
Protective and Regulatory Services. 
(4) Designated perpetrator - A person who has been determined by a preponderance 
of evidence to have been responsible for abuse or neglect of a child in a school 
setting. 
(5) Designated victim - A child who has been determined, based on a 
preponderance of the evidence, to have been abused or neglected in a school 
setting. 
(6) Moved - A finding that CPS was not able to finish the investigation of an 
allegation of abuse or neglect against school personnel or volunteers in a 
school setting because the alleged perpetrator or alleged victim moved and could 
not be located. 
(7) Preponderance of evidence - Evidence which is of greater weight or more 
convincing than the evidence which is offered in opposition to it; that is, 
evidence which as a whole shows that the fact sought to be proved is more 
probable than not. 
(8) Reason-to-believe - A finding that an allegation of abuse or neglect against 
school personnel or volunteers in a school setting is supported by a 
preponderance of the evidence. 
(9) Reporter - An individual who, on his own initiative, makes an unsolicited 
report to the Texas Department of Protective and Regulatory Services (TDPRS) or 
to a duly constituted law enforcement agency, alleging the abuse or neglect of a 
child. If more than one individual makes an unsolicited report alleging abuse or 
neglect of the same child, all such individuals shall have the designation of 
reporter. 
(10) Ruled-out - A finding by a preponderance of the evidence that an allegation 
of abuse or neglect did not occur or was not committed by the alleged 
perpetrator. 
(11) School personnel and volunteers - Persons providing services or caring for 
children at a public or private school under the jurisdiction of the Texas 
Education Agency (TEA) who have access to children in a school setting, or 
persons in a private school setting who have responsibility for the care, 
custody, or control of children in a school setting, including school employees, 
contractors, school volunteers, school bus drivers, school cafeteria staff, and 
school custodians. 
(12) School setting - The physical location of a child's school, or of an event 
sponsored or approved by the child's school, or any other location where the 
child is in the care, custody, or control of school personnel in their official 
capacity, including transportation services, and excluding school settings 
involving only children in facilities of the Texas Department of Mental Health 
and Mental Retardation (MHMR) when the facility contracts with the local school 
district to provide educational services.
(13) Unable to determine - A finding that an allegation of abuse or neglect can 
neither be supported nor ruled-out by a preponderance of the available evidence. 

sec.700.403.Definition of Child Abuse and Neglect in School Investigations.
(a) For purposes of an investigation in a school setting, the terms abuse and 
neglect shall have the meaning assigned to those terms in the Texas Family Code, 
sec.261.001 (1) and (4), as those terms are further defined in sec.700.501 of 
this title (relating to Terminology Used in Statutory Definitions of Child Abuse 
and Neglect and Person Responsible for a Child's Care, Custody, or Welfare), 
unless the definition is clearly inapplicable to reports of abuse or neglect in 
school settings. 
(b) Abuse and neglect in this context do not include: 
(1) use of restraints or seclusion that do not meet the statutory definitions of 
child abuse or neglect; 
(2) actions that school personnel or volunteers at the child's school reasonably 
believe to be immediately necessary to avoid imminent harm to self or other 
individuals, if the actions are limited only to those actions reasonably 
believed to be necessary under the existing circumstances. The actions do not 
include acts of unnecessary force or the inappropriate use of restraints or 
seclusion, such as use of restraints or seclusion as a substitute for lack of 
staff; or 
(3) reasonable physical discipline. Reasonable physical discipline is 
appropriate to a child's age and development and the reason for which the 
discipline is being administered and is without physical injuries that result in 
substantial harm or without genuine threat of substantial harm from physical 
injury to the child. 

sec.700.404.Criteria for Accepting Reports and Conducting School Investigations.
(a) A report of alleged abuse or neglect occurring in a school setting will be 
assigned for investigation by Child Protective Services (CPS) only if the 
following criteria are met: 
(1) the allegations must meet the definitions of abuse or neglect contained in 
sec.700.403 of this title (relating to Definition of Child Abuse or Neglect in 
School Investigations); 
(2) the alleged perpetrator must be a person meeting the definition of school 
personnel or volunteers at the child's school; 
(3) the alleged victim must be a child or must have been a child at the time 
that the alleged abuse or neglect occurred; 
(4) the alleged abuse or neglect must have happened in a school setting; 
(5) the alleged abuse or neglect must have occurred during the current school 
year or there must be a likelihood that sufficient evidence can still be 
obtained to establish whether or not abuse or neglect occurred in a school 
setting; and 
(6) the allegations involving the school setting must not have already been 
investigated by the Texas Department of Protective and Regulatory Services. 
(b) A report of alleged abuse and neglect which does not meet the criteria for 
investigation specified in this section shall be referred to an appropriate law 
enforcement entity or other investigating agency in accordance with Texas Family 
Code, sec.261.105. 
(c) When a report is not accepted for investigation, CPS must notify the 
reporter verbally or in writing as to the reason the report will not be 
investigated and that the reporter may discuss concerns about the decision with 
the supervisor. 

sec.701.405.Notification to Law
Enforcement Agencies of Reports of Abuse or Neglect in School Investigations. 
Child Protective Services (CPS) must provide notification of all school-related 
reports of child abuse or neglect to the law enforcement entity with 
jurisdiction for criminal investigations in the geographical area where the 
alleged incident occurred, within the time frames set out in sec.700.506(1) of 
this title (relating to Notification of Law Enforcement Agencies). 

sec.700.406.Priorities and Time Frames for Initiating School Investigations.
Child Protective Services (CPS) shall assign a priority to all reports accepted 
for investigation, and shall initiate an investigation within the corresponding 
time frame, as specified in sec.700.505 of this title (relating to Priorities 
for Investigation and Assessment). Prior to initiating an investigation, a CPS 
supervisor must review the intake report and either approve or change the 
initial priority and the action recommended for the report. 

sec.700.407.Notification to School Principal of Impending School Investigation.
Prior to conducting an investigation under this subchapter, Child Protective 
Services (CPS) must notify the school principal (or the principal's supervisor 
if the school principal is an alleged perpetrator) of the fact that a report has 
been assigned for investigation, the nature of the allegations contained in the 
report, and the date and time when the investigator plans to visit the school 
campus to begin the investigation. The CPS investigator must request that the 
school principal (or the principal's supervisor) not alert the alleged 
perpetrator or others regarding the report until the investigator has first had 
an opportunity to interview the alleged perpetrator.

sec.700.408.Conducting the School Investigation.
(a) An investigation conducted under this subchapter may include the following 
investigative steps, unless the allegations of child abuse and neglect can be 
clearly confirmed or ruled-out without recourse to one or more of these steps: 
(1) obtain a full statement of the allegation from the reporter.
(2) interview or examine each alleged victim, as appropriate in the case. 
(3) interview any other witnesses or persons who may have collateral 
information, including the child's parents. 
(4) interview the alleged perpetrator. 
(5) obtain photographs, school records, or other pertinent physical evidence, if 
relevant to the investigation. 
(6) request that a parent of an alleged victim obtain a medical, psychological, 
or psychiatric examination of the child and that the records of such examination 
be provided to the Child Protective Services (CPS) investigator, if necessary, 
to properly investigate the allegations in the case. 
(7) request that the alleged perpetrator submit to a medical, psychological, or 
psychiatric examination and that the records of such examination be provided to 
the CPS investigator, if necessary, to properly investigate the allegations in 
the case. 
(8) cooperate with law enforcement in the event that law enforcement is 
conducting a joint investigation regarding the allegations.
(b) CPS will conduct a criminal history background check on the alleged 
perpetrator in accordance with Texas Government Code, sec.4114.114, and 
sec.700.520 of this title (relating to Criminal Records Checks). 
(c) The CPS investigator must complete the investigation, reach a disposition as 
to each allegation made in the report, and submit the investigation report and 
findings to a supervisor for approval within 30 days after initiating the 
investigation, unless an extension of time is approved by the worker's 
supervisor due to extenuating circumstances. The CPS supervisor must approve the 
investigation or return it to the investigator for further action, within ten 
days of receiving the investigative report. If the tenth day falls on a weekend 
or state holiday, the supervisor has until the next working day to complete the 
required review. 
(d) Notwithstanding any other provision in this section, an investigation may be 
closed administratively at any point during the investigation, if it becomes 
apparent after initiating the investigation that the allegations made in the 
report do not, in fact, meet one or more of the criteria for investigation 
specified in sec.700.404 of this title (relating to Criteria for Accepting 
Reports and Conducting School Investigations). If a case is closed 
administratively, all allegations in the case are given the disposition of 
"administrative closure."

sec.700.409.Conducting Interviews or Examinations.
(a) Interviews and examinations in a school investigation may take place on or 
off the school premises, as deemed appropriate by the Child Protective Services 
(CPS) investigator, provided the investigator notifies the school principal (or 
that individual's supervisor in the event that the principal is the alleged 
perpetrator) prior to conducting an interview or examination on school premises. 
CPS may request that school personnel or volunteers not be present during the 
interview or examination of an alleged victim, an alleged perpetrator, an adult 
or child witness, or any other person who may have information relevant to the 
investigation if the investigator determines that: 
(1) the presence of school personnel or volunteers would compromise the 
integrity of the investigation; or 
(2) a better interview or examination of the child would result without school 
personnel or volunteers being present. 
(b) The initial investigation interview of a child alleged to have been 
physically or sexually abused must be videotaped or audiotaped by CPS unless 
good cause exists not to do so, as specified in sec.700.522 of this title 
(relating to Audiotaping or Videotaping Interviews with Alleged Victims). 
(c) The CPS investigator must comply with the requirements in sec.700.508(b) of 
this title (relating to Interviews with Parents or Other Alleged Perpetrators). 

sec.700.410.Dispositions in School Investigations.
(a) Dispositions. At the conclusion of the investigation, Child Protective 
Services (CPS) must assign an individual disposition to each allegation of abuse 
or neglect, as well as an overall disposition to the investigation.
(b) Assignment of allegation dispositions. CPS uses the following allegation 
dispositions for investigations in school settings: 
(1) reason-to-believe; 
(2) ruled-out; 
(3) moved; 
(4) unable to determine; and 
(5) administrative closure. 
(c) Overall disposition. The overall investigation disposition is the summary 
finding about the abuse or neglect that was investigated. The overall 
disposition is determined in the following manner: 
(1) Reason-to-believe. If any allegation disposition is "reason-to- believe," 
the overall investigation disposition is "reason-to- believe." 
(2) Unable-to-determine. If any allegation disposition is "unable-to- determine" 
and no allegation disposition is "reason-to-believe," the overall investigation 
disposition is "unable-to-determine." 
(3) Moved. If any allegation disposition is "moved" and no allegation 
disposition is "reason-to-believe" or "unable-to-determine," the overall 
investigation disposition is "moved." 
(4) Ruled-out. If all allegation dispositions are "ruled-out," the overall 
investigation disposition is "ruled out." 
(5) Administrative closure. The overall disposition of an investigation is 
"administrative closure" if all individual allegations in the investigation are 
given the disposition of "administrative closure."
(d) Overall role. The overall role for the alleged perpetrator and alleged 
victim at the end of an investigation in the school setting is the summary 
finding about the person's involvement in the abuse or neglect that was 
investigated. An individual's overall role is determined as follows:
(1) Designated perpetrator - When any allegation involving the alleged 
perpetrator is "reason-to-believe." 
(2) Designated victim - When any allegation involving the alleged victim is 
"reason-to-believe." 
(3) Unknown (unable-to-determine) - When any allegation involving the person is 
"unable-to-determine" and no allegation involving the person is "reason-to-
believe." 
(4) Unknown (moved) - When any allegation involving the person is "moved" and no 
allegation involving the person is "reason-to-believe" or "unable-to-determine." 
(5) No role - When all allegations involving the person are "ruled- out" or 
"administrative closure."

sec.700.411.Notification to School Officials of Findings in a School 
Investigation.
(a) After the supervisor has closed an investigation in a public or private 
school under the jurisdiction of the Texas Education Agency (TEA), Child 
Protective Services (CPS) is statutorily required to provide a report of the 
investigation, redacted to remove the identity of the reporter, to the 
following: 
(1) TEA (Division of Continuing Education, Services to Children, Youth and 
Families Unit); 
(2) State Board for Educator Certification; 
(3) local school board or local governing body for the school; and 
(4) the school principal, unless the principal is the alleged perpetrator. 
(b) If the overall investigation disposition is "reason-to-believe," the report 
must include information about the designated perpetrator's right to an 
administrative review of the investigation findings (ARIF). The report must also 
state that CPS will notify the above entities in the event that the dispositions 
are changed as a result of an ARIF. 
(c) When the overall disposition in an investigation is "reason-to-believe" and 
the school is a private school not under the jurisdiction of TEA, CPS does not 
automatically release the results of the investigation to the entities listed in 
subsection (a) of this section, but must follow the provisions in Subchapter F 
of Chapter 700 of this title (relating to Release Hearings) prior to releasing 
the results of the investigation to persons having control over the designated 
perpetrator's access to children. When the overall disposition in an 
investigation is other than "reason-to-believe," CPS may release the findings to 
the appropriate school officials when the investigation is complete. 
(d) Notwithstanding any other provision in this section, notice need not be 
provided to a school official if a report of abuse or neglect is closed 
administratively prior to notification to any school official that a report was 
received by the Texas Department of Protective and Regulatory Services. 

sec.700.412.Notification of Findings to Non-School Officials in a School 
Investigation.
In addition to the notification of findings required under sec.700.411 of this 
title (relating to Notification to School Officials of Findings in a School 
Investigation), Child Protective Services (CPS) must comply with the 
notification requirements contained in Texas Family Code, Chapter 261, and in 
sec.700.513 of this title (relating to Notification about Results).

sec.700.413.Retention of Investigative Reports.
School-related intake and investigation records are retained as indicated for 
"case records closed after investigation" as specified in sec.700.109 of this 
title (relating to Retention of Case Records for Cases Closed After 
Investigation), or for "case records not involving abuse/neglect" as specified 
in sec.700.112 of this title (relating to Case Records not Involving 
Abuse/Neglect or Conservatorship). 
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.
Filed with the Office of the Secretary of State, on March 27, 1998.
TRD-9804418
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: August 1, 1998
For further information, please call: (512) 438-3765

TITLE 43. TRANSPORTATION
PART III. Automobile Theft Prevention Authority
CHAPTER 57.Automobile Theft Prevention Authority
43 TAC sec.sec.57.53-57.56
The Automobile Theft Prevention Authority (ATPA) proposes new sec.sec.57.53-
57.56, relating to its three advisory committees, border solutions, grantee, and 
insurance fraud, and general requirements for all advisory committees. The new 
sections implement sec.2110.005 and sec.2110.008 of the Government Code (Senate 
Bill 383, 73rd legislature, 1993) which require state agency advisory committees 
to be established by rule and to conform to specific requirements set forth in 
these statutes. The proposed sections govern the current border solutions, 
grantee and insurance fraud advisory committees, which the ATPA initially 
established without formal rulemaking, in 1992, 1995 and 1996, respectively. 
Proposed sec.sec.57.53, 57.54 and 57.55 establishes the three advisory 
committees and sets forth the purposes, duties, the composition and membership 
of each committee. Proposed sec.57.56 sets out the mechanisms by which the 
committees meet, perform their work and report to the ATPA as well as the manner 
in which the committees are evaluated and the committees costs and benefits are 
reported to the legislative budget board, and the duration of the committees. 
Agustin De La Rosa, Acting Director of the ATPA, has determined that for each 
year of the first five years that the rules, as proposed, will be in effect, 
there will be no fiscal implications to state or local governments as a result 
of enforcing or administering the new sections.
Mr. De La Rosa has also determined that for each year of the first five years 
the rules, as proposed, will be in effect, the public benefit anticipated as a 
result of enforcing the proposed rules will be a more clearly understandable 
procedure, which is available to the public, by which the three advisory 
committees are established and operate. Additionally, for the same period of 
time, Mr. De La Rosa has determined that there should be no additional economic 
cost to persons required to comply with the rules as proposed. There is no 
additional effect on small business separate from other persons who are required 
to comply with the rules as proposed. 
Comments on the proposed rules may be submitted to Agustin De La Rosa, Acting 
Director, Automobile Theft Prevention Authority, 200 East Riverside Drive, 
Austin, Texas 78704, for a period of 30 days following publication in this issue 
of the Texas Register.
The new rules are proposed under Texas Civil Statutes, Article 4413(37), 
sec.6(a) which authorize the ATPA to adopt rules to implement its powers and 
duties and sec.2110.005 and sec.2110.008 of the Government Code (Senate Bill 
383, 73rd legislature, 1993) which require state agency advisory committees be 
established by rule and to conform to specific requirements set forth in these 
statutes. 
Texas Civil Statutes, Article 4413(37), sec.6(a) is affected by this proposal.

sec.57.53.Border Solutions Advisory Committee.
(a) The border solutions advisory committee is established.
(b) Purpose and duties. The purpose of the border solutions advisory committee 
is to provide the Automobile Theft Prevention Authority (authority) the benefit 
of the members collective expertise and experience to assist the authority in 
promoting the reduction of vehicle theft in Texas and the bordering States of 
Mexico and in establishing more effective cooperation, communication and 
understanding between the two countries participating agencies. The committee is 
to advise the authority on issues affecting the auto theft rate along the Texas-
Mexico Border, including ways to facilitate the location, recovery and return of 
vehicles from both sides of the Texas-Mexico Border, and to recommend to the 
authority, for possible funding, mutually beneficial projects for the aggressive 
prosecution of vehicle theft and related crime along the Border. 
(c) Composition and appointment of members. The border solutions committee shall 
consist of representatives from the governmental and private sectors in Texas 
and Mexico, including grantee and other law enforcement agencies, the insurance 
industry, and the National Insurance Crime Bureau. Each entity desiring to 
participate in the committee is limited to one representative member, and the 
committee may not exceed 24 members. The restriction on the number of members 
shall not limit the number of individuals who may attend and participate in 
committee meetings. Each participating entity shall designate its representative 
member for purposes of this subsection. If the number of participating entities 
exceeds 24, the authority shall determine the composition of the committee. 
Committee members may serve for the duration of the committee. If a committee 
member resigns or otherwise vacates his or her position, another individual 
representing the same organization may replace the outgoing member.

sec.57.54.Grantee Advisory Committee.
(a) The grantee advisory committee is established. 
(b) Purpose. The purpose of the grantee advisory committee is to give the 
authority the benefit of the members collective expertise and experience to 
assist the authority in promoting the reduction of motor vehicle theft in Texas 
and in developing grant projects for that purpose, The committee will serve as 
liaison between the authority and grantees on grant project matters. The 
committee will convey program information to grantees and solicit input from 
grantees on issues and concerns affecting the authority's grant program. The 
committee will consider issues as they arise and convey these issues and related 
recommendations to the authority for its consideration.
(c) Composition and appointment of members. The grantee advisory committee shall 
consist of eight persons, seven of whom will be nominated by the members of the 
authority. Each authority member may nominate one person to serve on the 
committee. A member must represent an entity which is a current grantee of the 
authority. The chair of the authority shall appoint the eighth member whose work 
with a current grantee is public awareness of motor vehicle theft. Committee 
members serve a one-year term, beginning January 1 of each year. The authority 
shall appoint new members for the next year, no later than the December meeting 
of each year. If a committee member resigns or otherwise vacates his or her 
position prior to the end of a term, the authority shall appoint a replacement, 
as recommended by the appropriate authority member, to serve the remainder of 
the unexpired term. 

sec.57.55.Insurance Fraud Advisory Committee.
(a) The insurance fraud advisory committee is established.
(b) Purpose. The purpose of the insurance fraud advisory committee is to give 
the authority the benefit of the members collective expertise and experience to 
assist the authority in promoting the reduction of motor vehicle theft in Texas 
and in promoting communication and cooperation between Mexico and Texas on 
mutual opportunities to protect against motor vehicle theft and insurance fraud. 
The committee will consider issues relating to insurance fraud and its 
connection to the theft of motor vehicles in Texas, recommend solutions to the 
authority, and encourage grantees to seek funding for anti-fraud projects. The 
committee will further consider and recommend ways in which the insurance 
industry might assist the authority in raising public awareness of insurance 
fraud and its economic impact. 
(c) Composition and appointment of members. The insurance fraud advisory 
committee shall consist of no more than 19 persons appointed by the committee 
chair. The committee chair may appoint, by December of each calendar year, a co-
chair. Such co-chair shall be a member of law enforcement from a current law 
enforcement grantee. At least one member of the committee shall be a current 
grantee. Other committee members shall be representatives from insurance 
companies in Texas, selected proportionately from different geographical 
sections of the state. Other members of the authority may nominate persons for 
appointment to the committee. Committee members may serve for the duration of 
the committee. If a committee member resigns or otherwise vacates his or her 
position, another individual representing the same organization may replace the 
outgoing member. 

sec.57.56.General Requirements for Advisory Committees.
The border solutions advisory committee, the grantee advisory committee and the 
insurance fraud advisory committees are subject to the following provisions:
(1) Committee chair. The chair of each committee shall be appointed by the chair 
of the authority and shall be a current member of the authority. 
(2) Meetings. A committee shall meet at the call of the committee chair or the 
authority. Except for the grantee advisory committee which shall meet no more 
than six times each calendar year, a committee shall meet no more that two times 
each calendar year. Committee meetings are open to the public. 
(3) Manner of reporting. The chair of a committee shall report, as needed, on 
committee activities to the authority during its regular meetings. 
(4) Reimbursement of committee member expenses. The authority shall not 
reimburse committee members for travel, lodging, meals or other expenses related 
to service on a committee. Nor may committee members or committee participants 
pay for such expenses from ATPA grant funds unless approved by the legislature 
and the authority. 
(5) Evaluation of committee costs and benefits. By October 1 of each year, 
authority staff, in consultation with each committee chair, shall evaluate for 
the previous fiscal year and report to the authority for each committee, on: 
(A) the committee's work; 
(B) the committee's usefulness; and 
(C) the costs related to the committee's existence, including the cost of 
authority staff time spent in support of the committee's activities.
(6) Each committee is abolished on August 31, 2002 unless the authority amends 
this paragraph to establish a different date.
(7) Report to legislative budget board. As required by state law, the authority 
shall biennially report to the legislative budget board the information 
developed under paragraph (5) of this section in evaluating each committee's 
costs and benefits. 
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.
Filed with the Office of the Secretary of State, on March 26, 1998.
TRD-9804319
Agustin De La Rosa
Director
Automobile Theft Prevention Authority
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 416-4600