PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 385. AGENCY MANAGEMENT AND OPERATIONS
SUBCHAPTER B. INTERACTION WITH THE PUBLIC
The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC §385.8183 (concerning advocacy, support group, and social services provider access).
SUMMARY OF CHANGES
The amendments to §385.8183 will include adding that: 1) TJJD tracks the frequency with which the executive director finalizes appeals described elsewhere in the rule; 2) TJJD compiles frequency data on a quarterly basis; and 3) at the beginning of each quarter, TJJD provides the frequency data from the previous quarter to the TJJD Board and the Sunset Advisory Commission.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the amended section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be to bring TJJD in compliance with statutory changes by ensuring certain actions of the executive director are reported by the agency and ensuring legal sufficiency reviews are required before appropriate parties are notified of abuse, neglect, and exploitation investigation findings.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the amended section as proposed. No private real property rights are affected by adoption of this section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the amended section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section will not positively or adversely affect this state's economy.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Josh Bauermeister, Policy Writer, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
Section 385.9921 is proposed under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The amended section is also proposed under §242.102, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires administrative investigative findings of the Office of the Inspector General to undergo a legal sufficiency review before being made public.
No other statute, code, or article is affected by this proposal.
§385.8183.Advocacy, Support Group, and Social Services Provider Access.
(a) Purpose. This rule establishes a process for allowing advocacy and support groups and social services providers to provide on-site information, support, and other services for youth confined in Texas Juvenile Justice Department (TJJD) residential facilities.
(b) Applicability.
(1) This rule applies to residential facilities operated by TJJD.
(2) This rule does not apply to a youth's access to his/her personal attorney or personal clergy member in accordance with §380.9311 of this title and §380.9317 of this title.
(c) Definitions. The following words and terms have the following meanings when used in this rule, unless the context clearly indicates otherwise:
(1) Advocacy or Support Groups--organizations whose primary functions are to benefit children, inmates, girls and women, persons with mental illness, or victims of sexual assault.
(2) Social Services Providers--organizations whose primary functions are to provide psychological, social, educational, health, and other related services to juveniles and their families.
(3) Confined--placement in a residential facility.
(4) Confidential Setting--a setting that provides for private conversation but is within the line of sight of a TJJD staff member who is authorized to provide sole supervision of youth.
(d) Registration Procedures.
(1) An advocacy or support group or social services provider must register with TJJD prior to providing on-site information, support, or other services to confined youth.
(2) In order to register with TJJD, an advocacy or support group or social services provider must provide the following in a form and manner determined by TJJD:
(A) a copy of the articles of incorporation on file with the secretary of state or other official documentation showing the organization's primary purpose;
(B) contact information for the local program director(s);
(C) names of all persons employed by or otherwise officially representing the organization who would likely seek access to residential facilities under the provisions of this rule; and
(D) if 24-hour access to residential facilities is believed to be necessary to perform the organization's primary function, a written justification of the need for such access and the names of individuals representing the organization who perform the function for which 24-hour access is requested.
(3) The TJJD division director with responsibility
over volunteer services or his/her designee determines whether or
not an organization qualifies as an advocacy or support group or social
services provider as defined in this rule[,] and whether
or not 24-hour access, if requested, is necessary to provide the organization's
primary function.
(4) A determination that an organization does not qualify
as an advocacy or support group or social services provider under
this rule[,] or a denial of a request for 24-hour access[,] must be in writing and may be appealed to the TJJD executive
director or his/her designee. The appeal must be in writing and clearly
state the reason the organization should be considered an advocacy
or support group or social services provider under this rule or the
reason that denial of 24-hour access would prevent the organization
from effectively performing its primary function.
(5) A person representing a registered advocacy or support group or social services provider is not permitted to provide information, support, or other services to youth in a confidential setting unless and until:
(A) TJJD conducts a background check pursuant to §385.8181 of this title and clears the person for such access; and
(B) the person signs appropriate confidentiality agreements concerning youth information and/or records.
(6) A registered advocacy or support group or social services provider must provide immediate written notification to TJJD when a person who is registered with TJJD as a representative of the organization ceases to represent the organization.
(e) General Provisions.
(1) A person who has been granted 24-hour access should provide reasonable advance notice of his/her intention to visit a facility to allow for security and confidentiality arrangements to be made. Lack of advance notice does not constitute grounds for denying entry.
(2) A person who has not been granted 24-hour access may access residential facilities during youth waking hours. Such a person must provide at least 24-hour advance notice of his/her visit to the facility in order for security and confidentiality arrangements to be made. Visits with less than 24-hour advance notice will be accommodated when possible.
(3) The security and confidentiality measures arranged by TJJD must not be designed to deny a registered advocacy or support group or social services provider access to youth.
(4) A person who has been cleared for access and who
has provided adequate advance notice, if required, will not be denied
access to any residential facility unless, in the judgment of the
facility administrator or designee, the circumstances existing at
the time of the visit create an unacceptable risk to the safety of
youth, staff, or visitors. If, upon arrival at a facility, a representative
of an advocacy or support group or social services provider is denied
entry due to unsafe conditions, the facility administrator or designee
must provide written justification to the organization within three
workdays. A youth's current placement in a security unit does not
constitute an unacceptable safety risk that would prevent access by
a registered group or provider[,] but may be taken into
consideration with other factors in making a determination of the
safety of the current circumstances.
(5) A person who has been cleared for access must present picture identification at the entry point in order to gain access to the facility.
(6) Members of advocacy or support groups or social services providers are subject to search upon entry to a residential facility in accordance with §380.9710 of this title.
(7) Under state law, any person, including a registered member of an advocacy or support group or social services provider, who has cause to believe that a youth has been or may be adversely affected by abuse, neglect, or exploitation has a legal obligation to report the matter in accordance with §380.9333 of this title. The reporting requirement applies without exception to a person whose personal communications may otherwise be privileged.
(8) Youth have the right to refuse a visit with an advocate or social services provider.
(9) Advocacy and support groups and social services providers may file complaints regarding the security and privacy procedures arranged by a facility in accordance with §385.8111 of this title.
(10) Provisions of this rule may not be used to bypass the provisions of §380.9312 of this title regarding visitation procedures for family members of youth committed to TJJD.
(f) Revocation of Access.
(1) TJJD may revoke the access of a representative of a registered advocacy or support group or social services provider, with written notice, when:
(A) the person has endangered the safety of youth or the security of the facility; or
(B) the person has violated a TJJD confidentiality agreement.
(2) Revocation of access may be appealed to the executive director or his/her designee. The appeal must be in writing and clearly state the reason the person's access should not be revoked.
(g) Frequency Data.
(1) The department shall track the frequency with which the executive director finalizes appeals described in subsections (d) and (f).
(2) The department shall compile frequency data on a quarterly basis.
(3) At the beginning of each quarter, the department shall provide the frequency data from the previous quarter to the governing board of the Texas Juvenile Justice Department and Sunset Advisory Commission.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2024.
TRD-202401662
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 490-7278
CHAPTER 467. FIRE MARSHAL
The Texas Commission on Fire Protection ("the Commission" or "agency") proposes amendments to 37 Texas Administrative Code Chapter 467 Fire Marshal, §467.1, Basic Fire Marshal Certification, §467.3 Minimum Standards for Basic Fire Marshal Certification, §467.5 Examination Requirement, §467.201, Intermediate Fire Marshal Certification, §467.301, Advanced Fire Marshal Certification, and §467.401, Master Fire Marshal Certification.
BACKGROUND AND PURPOSE
The proposed rule amendments are initiated because of a change in the examination requirements for Basic Fire Marshal as reflected in the proposed amendment to §467.1 and §467.5. Proposed rule amendments to §467.3, §467.201, §467.301, and §467.401 correct typographical errors.
FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT
Agency Chief, Michael Wisko, has determined that for each year of the first five-year period that the proposed rule amendments are in effect, there will be no significant fiscal impact to state government or local governments as a result of enforcing or administering these amendments pursuant to Texas Government Code §2001.024(a)(4).
PUBLIC BENEFIT AND COST NOTE
Chief Wisko has also determined that pursuant to Texas Government Code §2001.024(a)(5), for each year of the first five years the proposed rule amendments are in effect, the public benefit will be more accurate, clear, and concise rules.
LOCAL ECONOMY IMPACT STATEMENT
For the first five years that the proposed rule amendments are in effect, there is no anticipated effect on the local economy; therefore, no local employment impact statement is required pursuant to Texas Government Code §2001.022 and §2001.024(a)(6).
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
Chief Wisko has determined there will be no impact on small businesses, micro-businesses, or rural communities as a result of implementing these proposed rule amendments. Therefore, no economic impact statement or regulatory flexibility analysis is required pursuant to Texas Government Code §2006.002.
GOVERNMENT GROWTH IMPACT STATEMENT
The agency has determined that pursuant to Texas Government Code §2001.0221, during the first five years the amendments are in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) the proposed rules will not create or eliminate any existing employee positions;
(3) the proposed rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules will not require an increase or decrease in fees paid to the agency;
(5) the proposed rules will not create a new regulation;
(6) the proposed rules will not expand, limit, or repeal an existing regulation;
(7) the proposed rules will not increase the number of individuals subject to the rule; and
(8) the proposed rules are not anticipated to have an adverse impact on the state's economy.
TAKINGS IMPACT ASSESSMENT
The commission has determined that no private real property interests are affected by these proposed rule amendments, and they do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, these proposed rule amendments do not constitute a taking or require a taking impact assessment pursuant to Texas Government Code §2007.043.
COSTS TO REGULATED PERSONS
The proposed rule amendments do not impose a cost on regulated persons, including another state agency, a special district, or a local government, and, therefore, is not subject to Texas Government Code §2001.0045.
ENVIRONMENTAL IMPACT STATEMENT
The commission has determined that the proposed rule amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.
REQUEST FOR PUBLIC COMMENT
Comments regarding the proposed rule amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register, to Michael Wisko, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286, or e-mailed to frank.king@tcfp.texas.gov.
SUBCHAPTER A. MINIMUM STANDARDS FOR BASIC FIRE MARSHAL CERTIFICATION
STATUTORY AUTHORITY
The amended rule is proposed under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also proposed under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments:
§467.1.Basic Fire Marshal Certification.
(a) A Fire Marshal is defined as an individual designated to provide delivery, management, and/or administration of fire protection- and life safety-related codes and standards, investigations, education, and/or prevention services.
(b) All individuals holding a Fire Marshal certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).
(c) Special temporary provision. Individuals are eligible
to take the Commission [commission] examination
for Basic Fire Marshal by:
(1) holding as a minimum, Instructor I certification
through the Commission [commission]; and
(2) holding as a minimum, Fire Investigator certification or Arson Investigator certification through the Commission [commission]; and
(3) holding as a minimum, Fire Inspector certification
through the Commission [commission].
(4) [(d)] All applications for
testing during the special temporary provision period must be received
no earlier than August 1, 2023, and no later than August 1, 2024.
(5) [(e)] This subsection will
expire on August 30, 2024.
§467.3.Minimum Standards for Basic Fire Marshal Certification.
In order to be certified as a Basic Fire Marshal, an individual must:
(1) hold Basic Fire Inspector certification through
the Commission [commission]; and
(2) hold Basic Fire Investigator or Basic Arson Investigator
certification through the Commission [commission]; and
(3) hold Fire and Life Safety Educator I certification through the Commission; and
(4) complete a commission-approved Fire Marshal program
and successfully pass the Commission [commission]
examination as specified in Chapter 439 of this title (relating to
Examinations for Certification). [; and]
(5) An approved Fire Marshal program must consist of
the completion of a commission-approved Fire Marshal Curriculum as
specified in Chapter 15 of the Commission's [commission's
] Certification Curriculum Manual.
§467.5.Examination Requirements [Requirement].
(a) Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Basic Fire Marshal certification.
(b) Individuals will be permitted to take the Commission examination for Basic Fire Marshal certification by documenting the following:
(1) Basic Inspector certification and Basic Fire Investigator or Basic Arson Investigator; and
[(2) Basic Arson Investigator certification; and]
(2) [(3)] Fire and Life Safety
Educator I certification through the Commission; or
(3) [(4)] the equivalent IFSAC
seals and completing a commission-approved [Commission-approved
] Basic Fire Marshal curriculum.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 15, 2024.
TRD-202401584
Frank King
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 936-3838
The new sections are proposed under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.026, which authorizes the commission to adopt rules establishing fees for certifications.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments:
§467.201.Intermediate Fire Marshal Certification.
Applicants for Intermediate Fire Marshal certification must complete the following requirements:
(1) hold as a prerequisite a Basic Fire Marshal certification as defined in §467.3 of this title (relating to Minimum Standards for Basic Fire Marshal Certification); and
(2) hold Intermediate Fire Inspector certification
through the Commission [commission]; and
(3) hold Intermediate Fire Investigator or Intermediate
Arson Investigator through the Commission [commission]; and
(4) hold Fire and Life Safety Educator II certification
through the Commission [commission]; and
(5) acquire a minimum of four years of fire protection experience.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 15, 2024.
TRD-202401585
Frank King
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 936-3838
The new sections are proposed under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.026, which authorizes the commission to adopt rules establishing fees for certifications.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments:
§467.301.Advanced Fire Marshal Certification.
Applicants for Advanced Fire Marshal certification must complete the following requirements:
(1) hold as a prerequisite an Intermediate Fire Marshal
certification as defined in §467.201 [§467.5]
of this title (relating to Minimum Standards for Intermediate Fire
Marshal Certification); and
(2) hold Advanced Fire Inspector certification through
the Commission [commission]; and
(3) hold Advanced Fire Investigator or Advanced Arson
Investigator through the Commission [commission]; and
(4) hold Fire Plans Examiner certification through
the Commission [commission]; and
(5) acquire a minimum of eight years of fire protection experience.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 15, 2024.
TRD-202401586
Frank King
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 936-3838
The new sections are proposed under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.026, which authorizes the commission to adopt rules establishing fees for certifications.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments:
§467.401.Master Fire Marshal Certification.
Applicants for Master Fire Marshal certification must complete the following requirements:
(1) hold as a prerequisite an Advanced Fire Marshal
certification as defined in §467.301 [§467.5]
of this title (relating to Minimum Standards for Advanced Fire Marshal
Certification); and
(2) hold Master Fire Inspector certification through
the Commission [commission]; and
(3) hold Master Fire Investigator or Master Arson Investigator
through the Commission [commission]; and
(4) acquire a minimum of twelve years of fire protection
experience, and 60 college semester hours or an associate degree,
which includes at least 18 college semester hours in any combination
of Fire Science and/or Criminal Justice. College-level courses from
both the upper and lower divisions [division]
may be used to satisfy the education requirements for Master Fire
Marshal Certification.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 15, 2024.
TRD-202401587
Frank King
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 936-3838