TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER D. YOUTH RIGHTS AND REMEDIES

37 TAC §380.9313

The Texas Juvenile Justice Department (TJJD) adopts amendments to §380.9313, concerning Use of Telephone, without changes to the proposed text as published in the March 1, 2019, issue of the Texas Register (44 TexReg 932) and will not be republished.

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the section is to give TJJD greater flexibility in monitoring phone calls involving youth, which will help to resolve safety and security issues that stem from improper communication.

SUMMARY OF CHANGES

The amended rule adds that: 1) all calls made on the youth phone system are subject to being recorded, rather than only recording those calls that are made to the Incident Reporting Center; and 2) only appropriately designated staff may access calls that have been recorded.

The amended rule clarifies that: 1) youth are informed during orientation that all calls on the youth phone system are subject to being recorded; 2) additional prepaid minutes, beyond those provided monthly by TJJD, can be purchased for youth to make calls; and 3) TJJD is responsible for the cost of calls related to family emergencies.

The amended rule does not apply to any call that statute or a TJJD rule defines as confidential or privileged.

PUBLIC COMMENTS

TJJD did not receive any public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The amended section is adopted under Section 242.003, Human Resources Code, which requires TJJD to adopt rules appropriate to the proper accomplishment of TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2019.

TRD-201901272

Christian von Wupperfeld

General Counsel

Texas Juvenile Justice Department

Effective date: May 20, 2019

Proposal publication date: March 1, 2019

For further information, please call: (512) 490-7278


PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 449. HEAD OF A FIRE DEPARTMENT

The Texas Commission on Fire Protection (the commission) adopts amendments to Chapter 449, Head of a Fire Department, Subchapter A, Minimum Standards for Head of a Suppression Fire Department, concerning §449.1, Minimum Standards for the Head of a Suppression Fire Department, and Subchapter B, Minimum Standards for Head of a Prevention Only Fire Department, concerning §449.201, Minimum Standards for the Head of a Prevention Only Fire Department. The amendments are adopted without changes to the proposed text as published in the February 15, 2019, Texas Register, (44 TexReg 691) and will not be republished.

The adoption restructures current language in §449.1 and also clarifies the requirements for appointment to head of a fire department position as well as provides additional avenues for persons to qualify for the position.

No comments were received from the public regarding the adoption of the amendments.

SUBCHAPTER A. MINIMUM STANDARDS FOR HEAD OF A SUPPRESSION FIRE DEPARTMENT

37 TAC §449.1

The amendments are adopted under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to adopt rules for the administration of its powers and duties, and §419.032, which provides the commission the authority to adopt rules regarding qualifications and competencies for fire protection personnel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2019.

TRD-201901270

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Effective date: May 20, 2019

Proposal publication date: February 15, 2019

For further information, please call: (512) 936-3812


SUBCHAPTER B. MINIMUM STANDARDS FOR HEAD OF A PREVENTION ONLY FIRE DEPARTMENT

37 TAC §449.201

The amendments are adopted under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to adopt rules for the administration of its powers and duties, and §419.032, which provides the commission the authority to adopt rules regarding qualifications and competencies for fire protection personnel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2019.

TRD-201901271

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Effective date: May 20, 2019

Proposal publication date: February 15, 2019

For further information, please call: (512) 936-3812