TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 148. SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION

37 TAC §§148.41 - 148.55

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 148, §§148.41 - 148.55 concerning sex offender conditions of parole or mandatory supervision. The amended rules are adopted without change to the proposed text as published in the November 18, 2016, issue of the Texas Register (41 TexReg 9093). The text of the rules will not be republished.

The amended rules are adopted to capitalize titles throughout therules.

No public comments were received regarding adoption of these amendments.

The amended rules are adopted under §§508.036, 508.0441, 508.147, 508.228, 508.281, Government Code. Section 508.036 authorizes the board to adopt rules relating to the decision-making processes used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the conditions to be imposed on a releasee. Section 508.147 authorizes parole panels to determine the conditions of release to mandatory supervision. Section 508.228 authorizes a parole panel to impose as a condition of release on parole or to mandatory supervision that releasee participate in sex offender treatment on evidence that a sex offense occurred during the commission of the offense for which the releasee was serving a sentence. Section 508.281 authorizes a designated agent of the board to conduct a hearing.

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 January 20, 2017.

TRD-201700308

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: February 9, 2017

Proposal publication date: November 18, 2016

For further information, please call: (512) 406-5388


PART 16. TEXAS CIVIL COMMITMENT OFFICE

CHAPTER 810. CIVIL COMMITMENT

SUBCHAPTER A. CIVIL COMMITMENT GENERAL PROVISIONS

37 TAC §810.121

Preamble

The Texas Civil Commitment Office (TCCO) adopts an amendment to §810.121 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Introduction. This amendment is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7693).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, adopts an amendment to this rule to reflect changes made to Chapter 841 of the Texas Health and Safety Code by Senate Bill 746, 84th Texas Legislature. Senate Bill 746 provides that TCCO shall develop and implement a tiered program for the treatment and supervision of civilly committed sexually violent predators (SVPs). The amendment removes a reference to an outpatient program to make conforming changes in accordance with Senate Bill 746, 84th Texas Legislature. The amendment also removes redundant language that is already contained in Chapter 841.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The amendment is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The amendment implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this amendment.

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 January 19, 2017.

TRD-201700224

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.122

Preamble

The Texas Civil Commitment Office (TCCO) adopts an amendment to §810.122 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Definitions. This amendment is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7694).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, adopts an amendment to this rule to clarify qualifications for membership on the multidisciplinary team, define the position of clinical examiner and update the agency’s name. The amendment also removes defined terms already contained in Health and Safety Code Chapter 841.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The amendment is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The amendment implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this amendment.

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 January 19, 2017.

TRD-201700225

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


SUBCHAPTER B. CIVIL COMMITMENT

37 TAC §810.151

Preamble

The Texas Civil Commitment Office (TCCO) adopts an amendment to §810.151 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Administration of the Act. This amendment is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7695).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, adopts an amendment to this rule to reflect changes made to Chapter 841 of the Texas Health and Safety Code by Senate Bill 746, 84th Texas Legislature. The amendment updates the agency's name and removes superfluous language.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The amendment is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The amendment implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this amendment.

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 January 19, 2017.

TRD-201700226

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.152

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.152 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Civil Commitment of Sexually Violent Predators. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7696).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 841 of the Texas Health and Safety Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700227

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.153

Preamble

The Texas Civil Commitment Office (TCCO) adopts an amendment to §810.153 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Tiered Treatment and Supervision Program. This amendment is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7697).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, adopts an amendment to this rule to reflect changes made to Chapter 841 of the Texas Health and Safety Code by Senate Bill 746, 84th Texas Legislature. Senate Bill 746 provides that TCCO shall develop and implement a tiered program for the treatment and supervision of civilly committed sexually violent predators (SVPs). Senate Bill 746 removes references to the annual compensation of a treatment provider in Chapter 841. The removal of redundant language already contained in Chapter 841 makes the rules clearer.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public.

Several commenters stated that they believe the proposed amendments to §810.153 circumvent the legislative process and change the sexually violent predators’ court orders from outpatient treatment to inpatient treatment. Additionally, the commenters expressed concern that this provision was not specific enough to provide specific guidance to the sexually violent predators, the public, and the office as to the exact programming to be implemented. One sexually violent predator provided commentary that §810.153 does not provide guidance as to the plan for those sexually violent predators that are unable to comprehend the treatment.

Response: TCCO does not believe that the proposed amendment circumvents the legislative process. Rather, the proposed amendment conforms with changes made to Chapter 841 of the Texas Health and Safety Code through Senate Bill 746, 84th Texas Legislature. Additionally, the amendment to Section 810.153 does not change the sexually violent predators’ court orders with relation to outpatient treatment. Such changes are effectuated through a due process hearing process with the sexually violent predators’ court of commitment and has already been completed for the sexually violent predators taking part in the tiered treatment program.

Statutory Authority

The amendment is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The amendment implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this amendment.

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 January 19, 2017.

TRD-201700228

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


SUBCHAPTER C. CIVIL COMMITMENT REVIEW

37 TAC §810.211

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.211 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Biennial Examinations. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7696).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 841 of the Texas Health and Safety Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700229

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


SUBCHAPTER D. PETITION FOR RELEASE

37 TAC §810.241

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.241 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Authorized Petition for Release. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7699).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 841 of the Texas Health and Safety Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700230

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.242

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.242 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Unauthorized Petition for Release. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7699).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 841 of the Texas Health and Safety Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700231

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


SUBCHAPTER E. MISCELLANEOUS PROVISIONS

37 TAC §810.271

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.271 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Release and Exchange of Information. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7700).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 841 of the Texas Health and Safety Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section. Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700232

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.272

Preamble

The Texas Civil Commitment Office (TCCO) adopts an amendment to §810.272 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Office Appointment of Multidisciplinary Team Members. This amendment is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7701).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, adopts an amendment to this rule to clarify the appointment of members to the multidisciplinary team.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section.

Statutory Authority

The amendment is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The amendment implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this amendment.

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 January 19, 2017.

TRD-201700233

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.273

Preamble

The Texas Civil Commitment Office (TCCO) adopts an amendment to §810.273 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Cost of Housing, Treatment, and Tracking Services. This amendment is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7701).

Background and Justification

TCCO, under its authority to adopt rules administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, amends this rule to reflect changes made to Chapter 841 of the Texas Health and Safety Code by Senate Bill 746, 84th Legislature.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

Generalized commentary received from the sexually violent predators and members of the public was that they believed the rules to be overly generalized. The commenters requested specific definitions of each term used in the rules and additional specificity to be added to the rules.

Commentary was received regarding this section from several sexually violent predators and a member of the public that this section was not specific enough to provide the sexually violent predators, the office, and the public with guidance as to how the section was to be implemented. Additionally, several sexually violent predators commented asking why TCCO was not using federal poverty guidelines or indigency guidelines that are utilized for court appointed attorneys as the definition.

Response: TCCO has created the policy envisioned by this rule and has developed a standard for determining the reimbursement calculation methodology. TCCO does not believe the federal poverty guidelines or indigency calculations used to determine whether to grant a court-appointed attorney are the appropriate guidelines to determine whether the sexually violent predator is capable of providing reimbursement for the cost of housing, treatment and tracking services.

Statutory Authority

The amendment is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The amendment implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this amendment.

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 January 19, 2017.

TRD-201700234

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.274

Preamble

The Texas Civil Commitment Office (TCCO) adopts new rule §810.274 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Contracts Requiring Enhanced Monitoring. This new rule is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7702).

Background and Justification

Senate Bill 20, 84th Legislature, Regular Session, 2015 enacted §2261.253(c) of the Texas Government Code which requires each agency that enters into contracts to develop a rule to determine a method to identify contracts requiring enhanced monitoring and to submit that information to its governing body. TCCO adopts new §810.274 Contracts Requiring Enhanced Monitoring to comply with the requirement of §2261.253 of the Texas Government Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section.

Statutory Authority

The new rule is adopted under §841.141 of the Texas Health and Safety Code which provides the TCCO with the authority to adopt rules that are necessary and appropriate to implement the powers and duties of the office. The new rule is required by §2261.253 of the Texas Government Code. No other statutes, articles, or codes are affected by this adoption.

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 January 19, 2017.

TRD-201700235

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.275

Preamble

The Texas Civil Commitment Office (TCCO) adopts new rule §810.275 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Contract Monitoring Responsibilities. This new rule is adopted without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7703).

Background and Justification

Section 2261.202 of the Texas Government Code requires each state agency that enters into contracts to adopt a rule relating to the assignment of contract monitoring responsibilities. TCCO adopts new §810.275 Contract Monitoring Responsibilities to comply with the requirement of §2261.202 of the Texas Government Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section.

Statutory Authority

The new rule is adopted under §841.141 of the Texas Health and Safety Code which provides the TCCO with the authority to adopt rules that are necessary and appropriate to implement the powers and duties of the office. The new rule is required by §2261.202 of the Texas Government Code. No other statutes, articles, or codes are affected by this adoption.

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 January 19, 2017.

TRD-201700236

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


SUBCHAPTER F. CRIMINAL BACKGROUND CHECK OF POTENTIAL EMPLOYEES

37 TAC §810.281

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.281 of Chapter 810 of Title 37 of the Texas Administrative Code concerning Access to Criminal History Records. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7704).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 411 of the Texas Government Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700237

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.282

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.282 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Records. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7705).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapter 552 of the Texas Government Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700238

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421


37 TAC §810.283

Preamble

The Texas Civil Commitment Office (TCCO) adopts the repeal of §810.283 of Chapter 810 of Title 37 of the Texas Administrative Code, concerning Destruction of Criminal History Records. This repeal was published in the September 30, 2016, issue of the Texas Register (41 TexReg 7705).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, repeals this rule to remove duplicative language already found in Chapters 411, 441 and 552 of the Texas Government Code.

Public Comment

A public hearing pursuant to the Administrative Procedures Act was requested by a group of 51 sexually violent predators housed at the Texas Civil Commitment Center. That hearing was held on December 9, 2016. At that hearing, commentary was received from a number of the sexually violent predators as well as two members of the public present.

No public commentary was received specific to this section.

Statutory Authority

The repeal is adopted under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The repeal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this repeal.

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 January 19, 2017.

TRD-201700239

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Effective date: February 8, 2017

Proposal publication date: September 30, 2016

For further information, please call: (512) 341-4421