TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS

The Texas Juvenile Justice Department (TJJD) adopts amendments to §341.100, concerning definitions, §341.400, concerning duties of certified juvenile probation officers, and §341.702, concerning requirements for restraints, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2662).

TJJD also adopts new §341.204, concerning residential placement, §341.402, concerning duties of certified community activities officers, and §341.403, concerning supervising and transporting juveniles, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2662).

TJJD simultaneously adopts the repeal of §341.705, concerning transport personnel, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2662).

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the revised chapter is youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

SECTION-BY-SECTION SUMMARY

The amended §341.100: 1) no longer includes a definition for Transport Personnel; 2) adds a definition for Professional, and 3) includes minor clarifications to the definition of Juvenile Justice Program.

The new §341.204 establishes the responsibilities of each juvenile board relating to: 1) certifying and registering juvenile justice facilities in counties served by the board; and 2) ensuring that juveniles under its jurisdiction are placed only in juvenile justice facilities that are certified by a juvenile board in Texas or public or private residential facilities or programs that are licensed by a state governmental entity or exempt from licensure by state law.

The amended §341.400 adds passing the certification exam to the list of criteria that would allow a non-certified juvenile probation officer to temporarily perform the duties of a certified officer.

The new §341.402 creates a new certification offered by TJJD. The certification is for community activities officers. Any individual who supervises or transports juveniles in a non-secure setting within a juvenile justice program is required to obtain certification as a community activities officer, with several exceptions listed in the section.

The new §341.403 requires at least one staff member who is supervising or transporting a juvenile in a non-secure setting within a juvenile justice program to be certified in cardiopulmonary resuscitation and first aid.

The amended §341.702: 1) adds community activities officers to the list of individuals who may be authorized to use restraints; 2) no longer includes references to transport personnel; and 3) clarifies that only staff members who are trained and currently certified in the use of the approved personal restraint technique may use it.

Section 341.705, relating to training for transport personnel, has been repealed because the staff who perform transportation functions will now be covered by the new community activities officer certification and the training requirements associated with that certification.

PUBLIC COMMENTS

TJJD did not receive any public comments concerning the proposed rulemaking actions.

SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS

37 TAC §341.100

STATUTORY AUTHORITY

The amended section is adopted under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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 September 27, 2017.

TRD-201703852

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. JUVENILE BOARD RESPONSIBILITIES

37 TAC §341.204

STATUTORY AUTHORITY

The new section is adopted under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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 September 27, 2017.

TRD-201703853

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. REQUIREMENTS FOR JUVENILE PROBATION OFFICERS

37 TAC §§341.400, 341.402, 341.403

STATUTORY AUTHORITY

The amended section and new sections are adopted under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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 September 27, 2017.

TRD-201703854

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER G. RESTRAINTS

37 TAC §341.702

STATUTORY AUTHORITY

The amended section is adopted under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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 September 27, 2017.

TRD-201703856

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


37 TAC §341.705

STATUTORY AUTHORITY

The repeal is adopted under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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 September 27, 2017.

TRD-201703857

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


CHAPTER 343. SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES

The Texas Juvenile Justice Department (TJJD) adopts amendments to §343.428, concerning resident supervision in pre-adjudication secure detention facilities, and §343.622, concerning resident supervision in post-adjudication secure correctional facilities, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2666).

TJJD also adopts new §343.429, concerning additional required training for certified officers in pre-adjudication secure detention facilities who are hired by a different department, and new §343.623, concerning additional required training for certified officers in post-adjudication secure correctional facilities who are hired by a different department, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2666).

JUSTIFICATION FOR CHANGES

The public benefits anticipated as a result of administering the new and revised sections is youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

SECTION-BY-SECTION SUMMARY

The amended §343.428 adds that, in order to supervise residents in a pre-adjudication facility, a certified juvenile supervision officer must have received the facility-specific training listed in §343.429 if the officer was certified while working for another department. The amended section also adds that a juvenile supervision officer who is not yet certified may supervise residents only if the individual: 1) has not exceeded the deadline for submitting an application for certification; 2) has completed all training required by 37 TAC §344.622 and §344.624 (rather than at least 40 hours consisting of the mandatory exam topics, CPR, first aid, and personal restraint technique); and 3) has passed the certification exam.

The new §343.429 establishes a list of facility-specific training topics that a certified juvenile supervision officer must receive if that officer is hired by a department or facility different than the one where the officer received his/her certification. The new section also prohibits a juvenile supervision officer who has not completed the facility-specific training from being included in officer-to-resident ratios and from performing any duties of a juvenile supervision officer.

The amended §343.622 adds that, in order to supervise residents in a post-adjudication facility, a certified juvenile supervision officer must have received the facility-specific training listed in §343.623 if the officer was certified while working for another department. The amended section also adds that a juvenile supervision officer who is not yet certified may supervise residents only if the individual: 1) has not exceeded the deadline for submitting an application for certification; 2) has completed all training required by 37 TAC §344.622 and §344.624 (rather than at least 40 hours consisting of the mandatory exam topics, CPR, first aid, and personal restraint technique); and 3) has passed the certification exam.

The new §343.623 establishes a list of facility-specific training topics that a certified juvenile supervision officer must receive if that officer is hired by a department or facility different than the one where the officer received his/her certification. The new section will also prohibit a juvenile supervision officer who has not completed the facility-specific training from being included in officer-to-resident ratios and from performing any duties of a juvenile supervision officer.

PUBLIC COMMENTS

TJJD received a comment from the Coalition for Nurses in Advanced Practice. The following is a summary of the comment and TJJD's response.

Comment: Although not included in this proposal, TJJD should update the definition of Mental Health Provider in 37 TAC §343.100(37) to include persons licensed by the Texas Board of Nursing as soon as it is practical to do so.

Response: As noted in the comment, 37 TAC §343.100 is not included within this proposed rulemaking action and therefore cannot be amended as part of this adoption notice. However, TJJD agrees that the definition should be revised in a future rulemaking action to include psychiatric/mental health nurse practitioners or clinical nurse specialists.

SUBCHAPTER C. SECURE PRE-ADJUDICATION DETENTION FACILITY STANDARDS

37 TAC §343.428, §343.429

STATUTORY AUTHORITY

The amended section and new section are adopted under Section 221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private juvenile pre-adjudication and post-adjudication secure facilities.

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 September 27, 2017.

TRD-201703862

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. SECURE POST-ADJUDICATION CORRECTIONAL FACILITY STANDARDS

37 TAC §343.622, §343.623

STATUTORY AUTHORITY

The amended section and new section are adopted under Section 221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private juvenile pre-adjudication and post-adjudication secure facilities.

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 September 27, 2017.

TRD-201703863

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


CHAPTER 344. EMPLOYMENT, CERTIFICATION AND TRAINING

The Texas Juvenile Justice Department (TJJD) adopts the repeal of §§344.100, 344.110, 344.120, 344.200, 344.210, 344.220, 344.230, 344.300, 344.310, 344.320, 344.330, 344.340, 344.400, 344.410, 344.500, 344.510, 344.520, 344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680, 344.700, 344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, and 344.890, relating to Employment, Certification and Training, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2669).

JUSTIFICATION FOR REPEAL

The justification for the repeals is to allow for the adoption of a revised chapter.

SECTION-BY-SECTION SUMMARY

The repeal of §344.100 allows for the content to be revised and republished as new §344.100.

The repeal of §344.110 allows for the content to be revised and republished as new §344.110.

Section 344.120, which refers to TJJD's publication of a Compliance Resource Manual for purposes of establishing requirements for ensuring and verifying compliance with this chapter, has been repealed. TJJD no longer publishes a Compliance Resource Manual for this chapter.

The repeal of §344.200 allows for the content to be revised and republished as new §344.200 and §344.202.

The repeal of §344.210 allows for the content to be revised and republished as new §344.210.

The repeal of §344.220 allows for the content to be revised and republished as new §344.220.

The repeal of §344.230 allows for the content to be revised and republished as new §344.230.

The repeal of §344.300 allows for the content to be revised and republished as new §344.300 and §344.302.

The repeal of §344.310 allows for the content to be revised and republished within new §§344.300, 344.312, 344.400, and 344.410.

The repeal of §344.320 allows for the content to be revised and republished as new §344.320.

The repeal of §344.330 allows for the content to be revised and republished as new §344.330.

Section §344.340, which addresses retention of criminal history reports, has been repealed. TJJD verifies compliance with various criminal history requirements through the Fingerprint-Based Applicant Clearinghouse of Texas and not through hard-copy criminal history reports.

The repeal of §344.400 allows for the content to be revised and republished as new §344.400.

The repeal of §344.410 allows for the content to be revised and republished as new §344.410.

The repeal of §344.500 allows for the content to be revised and republished as new §344.204.

The repeal of §344.510 allows for the content to be revised and republished as new §344.208.

The repeal of §344.520 allows for the content to be revised and republished as new §344.212.

The repeal of §344.600 allows for the content to be revised and republished as new §344.600.

The repeal of §344.610 allows for the content to be revised and republished as new §344.610.

The repeal of §344.620 allows for the content to be revised and republished as new §§344.620, 344.622, and 344.624.

The repeal of §344.630 allows for the content to be revised and republished as new §344.630.

The repeal of §344.640 allows for the content to be revised and republished as new §344.640.

Section §344.650 has been repealed because the effects of failing to complete continuing education are generally redundant with failing to renew a certification, which is explained elsewhere within the new chapter.

The repeal of §344.660 allows for the content to be revised and republished as new §344.660.

The repeal of §344.670 allows for the content to be revised and republished as new §344.670.

The repeal of §344.680 allows for the content to be revised and republished as new §344.680.

The repeal of §344.700 allows for the content to be revised and republished as new §344.700.

The repeal of §344.800 allows for the content to be revised and republished as new §§344.800, 344.802, and 344.804

Section 344.810 has been repealed because it is generally redundant with new §344.200 and §344.850.

Section 344.820 has been repealed because the length of certification periods is now addressed in new §344.862.

Section 344.830 has been repealed because the deadline for certification renewals and required information is now addressed in new §344.864.

The repeal of §344.840 allows for the content to be revised and republished as new §344.866.

The repeal of §344.850 allows for the content to be revised and republished as new §344.850.

The repeal of §344.860 allows for the content to be revised and republished as new §344.860 and §344.864.

The repeal of §344.870 allows for the content to be revised and republished as new §344.870.

The repeal of §344.880 allows for the content to be revised and republished as new §344.880.

The repeal of §344.890 allows for the content to be revised and republished as new §344.874.

PUBLIC COMMENTS

No comments were received regarding the proposed repeals.

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §§344.100, 344.110, 344.120

STATUTORY AUTHORITY

The repeals are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703865

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. QUALIFICATIONS FOR EMPLOYMENT

37 TAC §§344.200, 344.210, 344.220, 344.230

STATUTORY AUTHORITY

The repeals are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703867

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER C. CRIMINAL HISTORY SEARCHES

37 TAC §§344.300, 344.310, 344.320, 344.330, 344.340

STATUTORY AUTHORITY

The repeals are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703869

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. DISQUALIFYING CRIMINAL HISTORY

37 TAC §344.400, §344.410

STATUTORY AUTHORITY

The repeals are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703871

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER E. EDUCATION REQUIREMENTS FOR EMPLOYMENT AND CERTIFICATION

37 TAC §§344.500, 344.510, 344.520

STATUTORY AUTHORITY

The repeals are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703872

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER F. TRAINING AND CONTINUING EDUCATION

37 TAC §§344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680

STATUTORY AUTHORITY

The repeals are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703876

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER G. COMPETENCY EXAMINATION

37 TAC §344.700

STATUTORY AUTHORITY

The repeal is adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703877

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER H. CERTIFICATION

37 TAC §§344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, 344.890

STATUTORY AUTHORITY

The repeals are adopted under Section 221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program 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 September 27, 2017.

TRD-201703879

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING

The Texas Juvenile Justice Department (TJJD) adopts new §§344.100, 344.110, 344.200, 344.202, 344.206, 344.208, 344.210, 344.212, 344.220, 344.230, 344.302, 344.312, 344.320, 344.330, 344.350, 344.410, 344.600, 344.610, 344.620, 344.622, 344.624, 344.626, 344.630, 344.640, 344.660, 344.680, 344.700, 344.800, 344.802, 344.804, 344.850, 344.860, 344.862, 344.864, 344.868, 344.870, 344.874, 344.876, 344.878, 344.880, and 344.884, relating to Employment, Certification, and Training, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2669).

TJJD also adopts new §§344.204, 344.300, 344.400, 344.670, and 344.866 relating to Employment, Certification, and Training, with changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2669).

Changes to the proposed text of §344.204 consist of correcting a reference to another paragraph in the section.

Changes to the proposed text of §344.300 consist of clarifying that juvenile probation department employees in positions that are eligible for optional certification (in addition to positions that require certification) must receive a criminal history check. Additional changes to the proposed text are addressed later in this notice in the section containing TJJD's responses to public comments.

Changes to the proposed text of §344.400 consist of correcting a reference to another paragraph in the section.

Changes to the proposed text of §344.670 consist of clarifying that credit for time spent developing training (in addition to time spent delivering training) is allowable only for certain topics.

Changes to the proposed text of §344.866 consist of a grammatical revision.

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the sections will be youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

SECTION-BY-SECTION SUMMARY

New §344.100 modifies and republishes information previously found in §344.100. The new section provides definitions of terms used in the chapter. Changes in the new section include: 1) adding definitions for the following terms: Certification Exam, Certification Period, Community Activities Officer, Conviction, and Grace Period; 2) deleting definitions for the following terms: Applicant, Board, Commission, Competency Examination, Mandatory Topics, One Year of Graduate Study, Training, and Youth Activities Supervisor; 3) adding community activities officer to the list of positions included within the definition of Certified Officer; 4) clarifying that the definition of Direct, Unsupervised Access does not include interactions that are incidental and momentary; 5) clarifying that the definition of Facility Administrator applies to all juvenile justice facilities, not just secure facilities; 6) making minor wording changes to the definitions of Juvenile Justice Facility and Juvenile Justice Program to align with definitions in other TJJD rules; 7) clarifying that a Juvenile Probation Department consists of the governmental unit itself, rather than the physical offices and premises used by that governmental unit; 8) removing a reference to being in good standing with TJJD in the definition of Juvenile Probation Officer; and 9) adding that the definition of Juvenile Supervision Officer does not include individuals who supervise juveniles in a juvenile justice program unless that program is a juvenile justice alternative education program operated by a juvenile probation department that also operates a juvenile justice facility.

New §344.110 modifies and republishes information previously found in §344.110. The new section establishes general guidelines for interpreting the chapter and addresses the applicability of the chapter. Changes in the new section include deleting the provision that made this entire chapter apply only to certifications granted after the effective date. The entire chapter applies to all covered individuals (i.e., certified officers and certain non-certified personnel) regardless of when the person began employment or began providing services unless the chapter makes a specific exception. Such exceptions are included within the chapter for certain requirements relating to criminal history, education, and the certification exam. Additional changes in the new section include: 1) clarifying that this chapter applies to all juvenile justice programs and facilities in Texas unless otherwise stated; 2) clarifying that all employment and education qualifications required by this chapter must have been completed before a person begins employment; 3) clarifying that the words "including" and "includes" mean that a non-exhaustive list will follow; 4) deleting the paragraph about use of headings; and 5) moving to new §344.400 the provision that exempts criminal history occurring before September 1, 2003.

New §344.200 modifies and republishes certain information previously found in §344.200. The new section establishes the minimum qualifications for certification in certain positions. Changes in the new section include: 1) adding a requirement for juvenile probation officers and juvenile supervision officers to pass the certification exam and complete all training required by this chapter; 2) adding minimum qualifications for a new type of certification--community activities officer--established by this chapter; 3) removing references to youth activities supervisors, which is a type of certification that is no longer authorized by this chapter; and 4) changing the scope of the section to focus on qualifications for certification, rather than qualifications for employment.

New §344.202 modifies and republishes certain information previously found in §344.200. The new section establishes the minimum qualifications to serve as a facility administrator. Changes in the new section include clarifying that a newly appointed facility administrator may obtain the required certification as a juvenile supervision officer after assuming the role as facility administrator, subject to the application deadlines in this chapter.

New §344.204 modifies and republishes information previously found in §344.500. The new section establishes specific requirements relating to educational qualifications of certified officers. In addition to the change described earlier in this notice, changes in the new section include: 1) clarifying that one year of graduate study means successful completion of at least 18 post-graduate credit hours; 2) clarifying that if graduate study is used to meet certification requirements, it must have been at a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board; 3) extending the education requirements for juvenile supervision officers to apply to community activities officers; 4) clarifying that if a high school diploma is used to meet certification requirements, the diploma must have been issued by a high school accredited by a generally recognized accrediting organization or by a high school operated by the United States Department of Defense; 5) adding a list of generally recognized accrediting organizations; 6) adding a process for requesting TJJD to recognize an organization that is not on the list of generally recognized accrediting organizations; and 7) removing home-school-issued diplomas and certificates from the requirement to be validated by an evaluation service.

New §344.206: 1) requires certain diplomas issued by foreign high schools to be accompanied by an evaluation that verifies the education is the substantial equivalent of a United States high school education; 2) requires the evaluation to be performed by an evaluation service that is a member of the National Association of Credential Evaluation Services; 3) requires the results of the evaluation to be sent directly to the employing department or facility; and 4) allows the employing department or facility to require the applicant to pay any fees required for the evaluation.

New §344.208 modifies and republishes information previously found in §344.510. The new section exempts individuals who have been serving as juvenile probation officers since before September 1, 1981, from meeting the educational requirements for juvenile probation officers. Changes in the new section include: 1) clarifying that a lapse of employment (rather than a lapse in certification) as a juvenile probation officer will result in the officer being required to meet all employment, certification, and training requirements; and 2) updating a reference to state law.

New §344.210 modifies and republishes information previously found in §344.210. The new section establishes the amount and type of work experience that may be substituted for one year of graduate study in order to obtain certification as a juvenile probation officer. Changes in the new section include: 1) clarifying that the one year of required full-time experience may be paid or unpaid; 2) specifying that one year of full-time experience means at least 1,500 hours in one or more eligible positions within 12 months, which do not have to be consecutive months; and 3) adding a requirement for the department or facility to verify the dates of employment or volunteer service, the position held, and the total number of hours worked.

New §344.212 modifies and republishes information previously found in §344.520. The new section requires departments and facilities to verify that applicants for certified positions have met the educational requirements. The change in the new section consists of clarifying that it is the responsibility of the department or facility to require proof of educational attainment (rather than the responsibility of the applicant to provide proof).

New §344.220 modifies and republishes information previously found in §344.220. The new section provides a way to request an exemption from the requirement for a juvenile probation officer to have one year of graduate study or full-time work experience. Changes in the new section include: 1) specifying that a "diligent effort" to employ an individual who meets the graduate study or work experience requirement means posting the position in at least two job posting sources for at least 20 days; 2) adding a prohibition on hiring the individual without written verification that TJJD has approved the exemption request; 3) adding a provision stating that facility administrators and chief administrative officers are not eligible for this exemption; and 4) deleting the requirement for the chief administrative officer to provide written notification to the juvenile board chair of each request for exemption.

New §344.230 modifies and republishes information previously found in §344.230. The new section prohibits peace officers, prosecuting attorneys, or other persons who are employed by or directly report to a law enforcement or prosecution official from acting in various juvenile probation capacities. Changes in the new section include: 1) adding a reference to the relevant state law; 2) adding facility administrator and community activities officer to the list of capacities in which law enforcement or prosecution officials may not serve; and 3) to more closely match the statute, clarifying that law enforcement or prosecution officials may not be made responsible for supervising a juvenile on probation (rather than in a juvenile justice facility or program).

New §344.300 modifies and republishes information previously found in §344.300 and §344.310. The new section establishes requirements for submitting fingerprints and conducting background checks. In addition to the changes described earlier in this notice, changes in the new section include: 1) clarifying that, in addition to positions requiring certification, the list of individuals who require a criminal history check now includes anyone who may have direct, unsupervised access to juveniles in a juvenile justice facility or program and who is any of the following--an employee in a position not requiring certification, a volunteer or intern, or an individual who provides goods or services under contract, except for employees of a public school district; 2) clarifying that the criminal history check must be completed (rather than initiated) before an individual begins employment or service provision; 3) adding that the department must conduct the check for contractors who require a criminal history check (rather than verify that the employer has conducted a check within the past two years); 4) clarifying that a juvenile's attorney, family members, managing conservator, guardian, approved visitors, and any other person not specifically listed in this section do not require criminal history checks; 5) adding a requirement for departments to maintain a Fingerprint Applicant Clearinghouse of Texas (FACT) subscription for each individual in a position requiring a criminal history check for as long as the individual remains in such a position; and 6) removing TJJD's obligation to maintain a FACT subscription for certified officers.

New §344.302 modifies and republishes certain information previously found in §344.300. The new section requires departments to review an applicant's military history and to request additional information from the appropriate governmental entity if the character of service is other than honorable discharge. Changes in the new section include: 1) replacing references to the DD-214 form with "separation or discharge documents;" 2) adding a requirement for the department or facility to use information from the separation or discharge documents and any additional requested information to determine if the individual has a disqualifying history before the individual begins employment or service provision; and 3) adding a requirement for the department or facility to review the most recent separation or discharge documents when a currently employed certified officer returns from a period of active duty or is discharged.

New §344.312 modifies and republishes certain information previously found in §344.310. The new section exempts employees of facilities or programs that are licensed by other state agencies from the criminal history checks performed by juvenile probation departments, provided the license of the facility/program is in good standing with the licensing agency. Changes in the new section include: 1) adding that employees of facilities or programs that are licensed in other states by agencies equivalent to the Texas Department of Family and Protective Services or the Texas Health and Human Services Commission are exempt from the background check requirements of this chapter; and 2) clarifying that the term "license" may include permits, certificates, registrations, or other forms of permission required by law.

New §344.320 modifies and republishes information previously found in §344.320. The new section requires a criminal history check when a person transfers into a position requiring certification or when a certified officer accepts simultaneous or subsequent employment in a different department or in a private facility. Changes in the new section consist of non-substantive wording changes and clarifications.

New §344.330 modifies and republishes information previously found in §344.330. The new section explains the responsibilities of private juvenile justice facilities and of the juvenile probation department serving the county where a private juvenile justice facility is located with regard to conducting criminal history checks for the private facility. Changes in the new section include: 1) clarifying that the department must maintain a subscription to FACT records on behalf of the private facility for each person requiring a criminal history check; 2) adding a requirement for a private facility to notify the department within 10 calendar days after an individual subject to criminal history checks separates from employment, ceases to provide services, or transfers out of a position that requires criminal history checks; 3) adding a requirement for the department to immediately notify the private facility administrator in writing if the department receives a FACT alert regarding an arrest, conviction, or deferred adjudication for a disqualifying offense for a person who is employed by or provides services at the private facility; and 4) removing the requirement for the private facility to contact the referring criminal justice agency to follow up on any arrest for which a disposition has not been reported.

New §344.350 requires departments and facilities to verify with TJJD, before making an offer of employment for a certification-eligible position, that several disqualifying factors are not present.

New §344.400 modifies and republishes information previously found in §344.310 and §344.400. The new section establishes the disqualifying criminal history for positions requiring certification and for certain non-certified positions. In addition to the changes described earlier in this notice, changes in the new section include adding a lifetime ban for individuals convicted of a felony listed in Article 42A.054, Texas Code of Criminal Procedure (formerly known as "3g" offenses). This ban will not affect officers who were certified before the date this section takes effect unless the officer's certification expires in the future. This ban will not affect individuals in non-certified positions who began providing services for the department before this revised section takes effect unless there is a future break in service. Additional changes in the new section include: 1) adding a requirement for a department to notify TJJD in writing within 10 days if the department receives notice that a person in a position requiring certification has been arrested for potentially disqualifying criminal conduct; and 2) adding a requirement for a department to notify TJJD in writing within 10 days if the department receives notice that a person in a position requiring certification has been convicted of disqualifying criminal conduct.

New §344.410 modifies and republishes information previously found in §344.310 and §344.410. The new section establishes the methods that may allow individuals convicted of Class B misdemeanors to be eligible for certification or to serve in certain non-certified positions. Changes in the new section include adding a requirement that the justification must be documented if a juvenile board grants an exemption allowing an individual with a conviction for a Class B misdemeanor to serve in certain non-certified positions.

New §344.600 modifies and republishes information previously found in §344.600. The new section establishes the number of training hours required for initial certification. Changes in the new section include: 1) adding that certification as a community activities officer requires a minimum of 40 hours of training, which must include the topics listed in §344.626; and 2) adding that, to be eligible for credit, training must have been received within 18 months prior to the date the certification application is submitted; and 3) removing references to certification of youth activities supervisors.

New §344.610 modifies and republishes information previously found in §344.610. The new section establishes that training must be relevant to an officer's duties and requires that TJJD's standardized curriculum be used when training on mandatory exam topics. The section also establishes who may provide training on the mandatory exam topics. Changes in the new section include adding that individuals who are qualified by relevant knowledge, education, and/or experience may provide training on mandatory exam topics. Such individuals are not required to complete specialized training provided by TJJD or the employing department.

New §344.620 modifies and republishes certain information previously found in §344.620. The new section lists the topics that are covered in the certification exam for juvenile probation officers. Changes in the new section include making several changes to the list of required topics, including: 1) adding trauma-informed care as a topic; 2) adding adolescent development and behavior as a topic; 3) adding cultural competency as a topic; 4) adding risk and needs assessment to the existing topic covering case planning and case management; 5) clarifying that prevention is included in the topic that addresses identifying and reporting abuse, neglect, and exploitation; and 6) clarifying that the topic covering the Prison Rape Elimination Act focuses on the purpose and goals of the Act.

New §344.622 modifies and republishes certain information previously found in §344.620. The new section lists the topics that are covered in the certification exam for juvenile supervision officers. Youth activities supervisors are no longer included in the requirements of this section. Changes in the new section include clarifying that successful completion of the certification exam is required before a juvenile supervision officer may count in any staff-to-juvenile ratio. Additional changes in the new section include making several changes to the list of required topics, including: 1) adding trauma-informed care as a topic; 2) adding cultural competency as a topic; 3) clarifying that prevention is included in the topic that addresses identifying and reporting abuse, neglect, and exploitation; 4) clarifying that the topic covering the Prison Rape Elimination Act focuses on the purpose and goals of the Act; and 5) changing "adolescent physical development and exercise related health risks" to "adolescent development and behavior."

New §344.624 modifies and republishes certain information previously found in §344.620. The new section lists the topics not covered on the certification exam that are required for initial certification as a juvenile supervision officer. Changes in the new section include: 1) removing the reference to youth activities supervisors; 2) adding verbal de-escalation policies, procedures, and practices as a topic; 3) adding resident-initiated separation as a topic; 4) adding searches of juveniles as a topic; 5) clarifying that the topic addressing behavior management must also include the juvenile discipline plan and safety-based seclusion; 6) clarifying that the topic addressing use of restraints must also cover TJJD's standards on restraints, including prohibited techniques and criteria for use; 7) clarifying that the topic addressing department-specific policies for reporting abuse, neglect, and exploitation must also include prevention and identification; 8) removing supervision of residents in seclusion as a stand-alone topic; 9) combining the topic covering resident supervision with the topic covering juvenile behavior observation and documentation; 10) removing risk management from the topic addressing facility safety and security; 11) removing cultural diversity as a topic (cultural competency is now included in §344.622 as a mandatory exam topic); 12) clarifying that the topic addressing fire drill procedures must also include the fire safety plan; 13) clarifying that the topic addressing emergency and evacuation procedures relates to non-fire emergencies; 14) removing departmental security from the topic addressing emergency and evacuation procedures; and 15) clarifying that the topic addressing medical and health services relates to referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents.

New §344.626 lists the training topics that must be received for an individual to obtain initial certification as a community activities officer.

New §344.630 modifies and republishes information previously found in §344.630. The new section lists the requirements that on-the-job training (OJT) must meet in order to be eligible for credit toward certification or renewal of certification. Changes in the new section include: 1) adding that no more than 20 hours of OJT may be counted toward initial certification or renewal of certification for community activities officers; 2) adding a list of specific elements that must be included in the documentation of an OJT program in order for the training to count toward certification; 3) removing the requirement for departments to use the OJT documentation format developed by TJJD or an equivalent format; and 4) removing references to certification of youth activities supervisors.

New §344.640 modifies and republishes information previously found in §344.640. The new section establishes the amount and type of continuing education officers must receive to renew their certifications. Changes in the new section include: 1) reducing the number of continuing education hours required for juvenile probation officers from 80 to 60; 2) adding the following to the list of topics that juvenile supervision officers must receive during each certification period--preventing, identifying, and reporting abuse, neglect, and exploitation; verbal de-escalation policies, procedures, and practices; and standards regarding the use of personal and mechanical restraints, including prohibited techniques and criteria for use; 3) adding that community activities officers must complete 40 hours of continuing education to maintain an active certification; 4) adding a list of five topics that community activities officers must receive during each certification period; 5) adding that the requirement for chief administrative officers and facility administrators to complete 20 hours of management-related topics does not apply to the certification period during which an individual is appointed as a chief administrative officer or facility administrator; and 6) clarifying that the amount of required continuing education does not change if an officer's certification becomes inactive and is later reactivated within the same certification period.

New §344.660 modifies and republishes information previously found in §344.660. The new section establishes that TJJD must approve training and continuing education topics in order for them to be eligible for credit toward certification. Changes in the new section include adding that each training or continuing education event must meet the following criteria in order to be eligible to count toward certification: 1) relevant, which means it is related to job responsibilities, the field of juvenile justice, or fields of study approved by TJJD; 2) organized, which means it is based on documentation that includes specific learning objectives, training methods, and evaluation techniques; and 3) planned, which means it is scheduled and conducted in a predetermined location. If the training is provided by the department or facility, the training must also be evaluated, which means participants are provided an opportunity to provide written feedback and/or participants are tested to measure the transfer of knowledge. Additional changes to the section consist of adding that TJJD may, on a case-by-case basis, approve events for credit that do not meet these specific requirements. Further changes to the section consist of adding that departments and facilities may contact TJJD to request advance approval of a training or continuing education topic.

New §344.670 modifies and republishes information previously found in §344.670. The new section sets limits on the types and methods of training that may be counted toward certification. In addition to the changes described earlier in this notice, changes in the new section include: 1) adding that any training topic may be counted twice in a certification period; 2) adding that any training topic may be counted up to four times in a certification period if an officer is concurrently employed by more than one department or facility or has transferred to a new department or facility within a certification period; 3) clarifying that meetings, reviews of policy/procedure, and reviews of employment-related benefits are not eligible for training credit unless they meet the requirements in §344.660; 4) adding that firearms training required under §341.808 is not eligible for credit toward continuing education requirements; 5) clarifying that juvenile probation officers and juvenile supervision officers may not count more than 20 hours of pre-recorded training in a certification period; 6) adding that community activities officers may not count more than 20 total hours of video or web-based training, with no more than 10 of those hours from pre-recorded training; 7) removing the paragraph relating to credit for correspondence courses (these are generally college courses, which are addressed elsewhere in this section); 8) adding that credit for college courses may be used toward requirements for initial certification, in addition to certification renewal; 9) clarifying that TJJD determines on a case-by-case basis whether training credit will be granted for a particular college course and how many training hours will be approved for credit; 10) increasing the maximum training credit that may be granted for developing training curriculum from 10 hours to 20 hours; and 11) increasing the maximum training credit that may be granted for time spent delivering training from 10 hours to 20 hours.

New §344.680 modifies and republishes information previously found in §344.680. The new section requires departments to keep documentation of training received. Changes in the new section include: 1) specifying that documentation of training used for certification (rather than all training received) must be maintained at a minimum until the end of the current certification period plus two years; 2) specifying that training curricula are included as a type of training documentation; and 3) clarifying that a department or facility must submit training records to another department or facility upon request if an officer obtains concurrent employment at the other department or facility.

New §344.700 modifies and republishes information previously found in §344.700. The new section requires officers to pass a certification exam to be eligible for certification. Changes in the new section include: 1) removing references to a certification exam for youth activities supervisors; 2) specifying that the department or facility that employs the individual taking the exam must either pay any required exam fee or require the individual to pay the fee; 3) adding that a score of 70% is required to pass the exam; 4) adding that individuals are allowed three attempts to pass the exam and that if an individual has not passed the exam on the third attempt, he or she may not take the exam again until 180 days have elapsed and he or she has repeated training in all mandatory exam topics; 5) adding that individuals who are dismissed from the exam for cheating or otherwise failing to follow exam rules are not eligible to take the exam again; 6) adding a requirement for departments or facilities to notify TJJD within one business day after an individual is dismissed from an exam for cheating or not following exam rules; 7) removing references to the process for dissemination of exam scores; 8) removing references to TJJD's responsibilities for retention of exam scores; 9) changing the dates on which the requirement to pass the exam takes effect (the exam for juvenile probation officers will be required for individuals who began employment on or after 9/1/16 and the exam for juvenile supervision officers will be required for individuals who began employment on or after 9/1/17); 10) adding an exemption from the requirement to pass the exam for individuals whose certifications have expired if less than six months has elapsed between the date of expiration and the date the individual submits an application for the same certification; and 11) adding a requirement for departments and facilities that proctor the certification exam to ensure the proctor complies with TJJD's proctoring agreement.

New §344.800 modifies and republishes certain information previously found in §344.800. The new section lists the individuals who must maintain a certification issued by TJJD. Changes in the new section include: 1) adding that an individual who is employed by a juvenile justice program and whose position may require supervising juveniles in a non-secure setting within a juvenile justice program must maintain an active certification as a community activities officer unless the individual holds another TJJD certification or is providing professional services; 2) removing the requirement that any individual, other than a certified physical education teacher, must be certified as a juvenile supervision officer if the individual participates in administering intensive physical activity in a juvenile justice alternative education program (such individuals will now generally be required to maintain certification as community activities officers); 3) adding that any staff member whose position may require temporarily performing the duties of a juvenile probation officer must maintain an active certification as a juvenile probation officer; 4) adding that any staff member whose position may require temporarily performing the duties of a juvenile supervision officer must maintain an active certification as a juvenile supervision officer; 5) clarifying that supervisors in the direct chain of supervision over juvenile supervision officers must be certified as a juvenile supervision officer and/or a juvenile probation officer; and 6) adding that supervisors in the direct chain of supervision over community activities officers must be certified as a juvenile probation officer, juvenile supervision officer, and/or community activities officer.

New §344.802 modifies and republishes certain information previously found in §344.800. The new section lists the individuals who may maintain a certification issued by TJJD, although it is not required. Changes in the new section include: 1) clarifying that TJJD's optional certifications are available only to individuals who meet the criteria for one of TJJD's three certifications; and 2) removing staff responsible for supervising youth in a juvenile justice alternative education program from the list of optional certifications. Such staff will now be required to maintain a certification, as established by §344.800.

New §344.804 modifies and republishes certain information previously found in §344.800. The new section establishes circumstances under which a person may hold more than one TJJD certification. Changes in the new section include: 1) clarifying that individuals may hold more than one certification only if their job duties are consistent with all certifications held; 2) adding that an individual may not hold an active certification as a juvenile supervision officer and as a community activities officer unless the individual is concurrently employed by more than one department or facility; and 3) adding that training received may be used for credit toward more than one type of certification if is relevant to each certification.

New §344.850 modifies and republishes information previously found in §344.850. The new section requires certified officers to remain employed with a governmental unit or a private provider under contract with a governmental unit in order to maintain an active certification. Changes in the new section include clarifying that an individual must also remain employed in a position eligible for certification to maintain an active certification.

New §344.860 modifies and republishes information previously found in §344.860. The new section explains the requirements for submitting an application for initial certification. Changes in the new section include: 1) removing the requirements for certain specified individuals to review, approve, and/or submit each application; 2) adding that if an individual's application has not been submitted within the required time frame, he or she may not perform the duties of a certified officer or count toward any staff-to-juvenile ratios until the application has been approved by TJJD; 3) clarifying that part-time staff are allowed (rather than may be allowed) an additional 90 days to complete the required training; 4) adding that an application must include verification that the applicant currently meets the criminal history standards in this chapter; 5) deleting the requirement that the criminal history check must have been completed within 180 days prior to submission of the application; 6) adding that when a department or facility fails to respond within 14 calendar days to TJJD's request for additional information for an application, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio; and 7) clarifying that when TJJD denies an application because TJJD has decided a certification will not be granted, the individual may not be employed in any position requiring certification.

New §344.862 establishes the length of a certification period. The new section also explains that certifications that are not renewed by the deadline will expire.

New §344.864 modifies and republishes certain information previously found in §344.860. The new section explains the requirements for submitting an application for certification renewal. Changes in the new section include: 1) adding that renewal applications must be submitted before the end of an officer's certification period; 2) adding that renewal applications may not be submitted earlier than 30 days before the end of an officer's certification period; 3) adding that an officer's certification expires if a renewal application is not submitted before the end of the certification period plus any applicable grace period or extension; 4) adding that when a department or facility fails to respond within 14 calendar days to TJJD's request for additional information for an application, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio; 5) adding that a renewal application must include verification that the applicant currently meets the criminal history standards in this chapter; 6) deleting the requirement that the criminal history check must have been completed within 180 days prior to submission of the application; and 7) adding that when TJJD denies a renewal application because TJJD has decided a certification renewal will not be granted, the individual may not be employed in any position requiring certification and may not perform the duties of a certified officer.

New §344.866 modifies and republishes information previously found in §344.840. The new section explains the various statuses of TJJD-issued certifications. In addition to the changes described earlier in this notice, changes in the new section include: 1) changing the definition of inactive to mean that an officer's certification has not expired, but the officer is ineligible to perform the duties of a certified officer because the officer is no longer employed in a position that either requires or is eligible for certification, the officer has been convicted of a disqualifying criminal offense, or the officer's application is determined by TJJD to contain deliberately false or misleading information; 2) adding a status for expired, which means that an application to renew or reactivate a certification has not been submitted before the end of the grace period or any applicable extension; 3) deleting the provisional status (provisional status allowed an extra 180 days to evaluate or verify an individual's education credentials); 4) clarifying that the suspended status results in the officer no longer being eligible for employment in a position requiring certification; 5) removing a statement that indicated the end date of suspensions is determined in a disciplinary hearing; 6) clarifying that the revoked status results in the officer not being eligible for any future certification; and 7) adding a status for a voluntarily relinquished certification.

New §344.868 establishes that all inactive certifications will expire on the date this section takes effect if the deadline for submitting a renewal application has already passed.

New §344.870 modifies and republishes information previously found in §344.870. The new section allows TJJD to grant extensions of the deadline for submitting renewal applications. Changes in the new section include: 1) removing the requirement for TJJD to grant extensions of the renewal deadline in increments up to 90 days; and 2) clarifying that the result of not satisfying all requirements necessary to maintain an active certification by the end of the extension period is that the certification expires.

New §344.874 modifies and republishes information previously found in §344.890. The new section addresses requirements for notifying TJJD when certain staff members separate from employment or transfer to positions not eligible for certification. Changes in the new section include: 1) adding that the department or facility must notify TJJD if a certified officer transfers to a position that does not require certification and that is not eligible for certification; 2) changing the deadline for notifying TJJD of separations and transfers from 10 working days to 10 calendar days; and 3) adding that the department or facility must notify TJJD as soon as possible but no later than one business day after an individual who is an authorized user of any TJJD web-based computer application separates from employment.

New §344.876 requires departments and facilities to ensure TJJD's certification system reflects the last known address of each certified officer employed by the department or facility.

New §344.878 requires a certified officer who separated from employment with a department or facility to notify TJJD's certification office of all address changes occurring after separation of employment until the certification expires or is reactivated, revoked, or voluntarily relinquished.

New §344.880 modifies and republishes information previously found in §344.880. The new section requires departments and facilities to request TJJD to transfer or reactivate the certification record when an officer returns from inactive or expired status or obtains concurrent employment. Changes in the new section include: 1) adding that departments and facilities must request TJJD to restore an individual's certification record if the individual has an expired certification and is hired into a position requiring certification; 2) adding that an application for a new certification must be submitted when an individual with an expired certification has his or her record restored; 3) adding that an individual whose expired certification record is restored must complete all training requirements of this chapter; 4) adding that training received during the entire previous certification period may be used on the application if a certification was expired for less than six months; 5) adding that training received within the previous 18 months may be used on the application if a certification was expired for six months or more; 6) adding that an individual with an expired certification as a juvenile probation officer or juvenile supervision officer must pass the certification exam if he or she applies for the same type of certification six months or more after his or her certification expired; 7) clarifying that an officer with a reactivated certification may count all training received during the current certification period to meet continuing education requirements; and 8) clarifying that an officer with a reactivated certification must complete all required continuing education hours within the current certification period (rather than within 180 days after employment).

New §344.884 allows a certified officer to submit a request to TJJD to voluntarily relinquish a certification. The new section establishes that TJJD will decide whether to accept or deny the request and will also determine whether an individual who has relinquished his/her certification will be eligible for future certification.

PUBLIC COMMENTS

TJJD received public comments from the Bexar County Juvenile Probation Department. The following is a summary of the comments and TJJD's responses.

Comment: In §344.300(c), include other individuals acting under the auspices of a public school district (e.g., volunteers) as not requiring a criminal history check if they are providing services in a juvenile justice facility or program, and have completed all criminal history checks required by the Texas Education Agency (TEA). There does not appear to be any reason to limit this exemption to only employees, since it is the completion of criminal history checks that would seem to be the decisive fact in not requiring these individuals to undergo yet another criminal history check.

Response: TJJD's proposed rules intend to ensure that individuals who have unsupervised access to juveniles while providing services on behalf of the juvenile probation department have undergone a fingerprint-based criminal history check and that such individuals are included in the Fingerprint-Based Applicant Clearinghouse of Texas (FACT), which allows the juvenile probation department to receive ongoing notifications of new arrests and subsequent court actions.

The type of criminal history check required for school volunteers is not fingerprint-based and is not part of the FACT clearinghouse. TJJD does not believe these checks are sufficient to protect the safety of juveniles due to the lack of ongoing notifications of new arrests and other court actions.

The proposed text allows an exception for school district employees because they are included in the FACT clearinghouse, which allows the school district to receive arrest notifications. Additionally, the school district generally controls which employees are sent to provide educational services to the juvenile probation department, which may make it impractical for the department to conduct its own criminal history checks before teachers begin providing services.

No changes were made to the proposed text as a result of this comment.

Comment: In §344.300(c), extend not requiring a criminal history check to employees and other individuals acting under the auspices of a department contractor that already subscribes to FACT if the individual is providing services in a juvenile justice facility or program, and the contractor has provided written certification to the department stating that the individual is enrolled in FACT and does not have a disqualifying history as defined in §344.400, and that the contractor will notify the department if FACT alerts pertaining to the individual are received or if the individual ceases to be enrolled in FACT. Again, there does not appear to be any reason to not extend the same logic applied to employees of a public school district to employees and individuals of contractors who have their own FACT account since it is the successful completion of a criminal history check, in tandem with the ongoing notification provided by FACT, that would seem to be the decisive factor in not requiring these employees and individuals to undergo yet another criminal history check.

Response: Unless a contractor is an entity listed in Government Code Chapter 411, the contractor would not be authorized by law to subscribe to the FACT clearinghouse. Even if the contractor is an entity authorized by law to subscribe to the FACT clearinghouse, not all entities have the same level of access to criminal history information maintained by the Department of Public Safety. There may be certain types of criminal history information that would be available to the juvenile probation department that would not be available to the contractor. Additionally, entities' ability to share criminal history information is limited by law, which may mean the contractor is unable to legally provide the juvenile probation department with any criminal history information regarding the contractor's employees.

Due to these factors, TJJD's proposed rules require contractors who will have unsupervised access to juveniles to be registered in the FACT clearinghouse under the juvenile probation department's Originating Agency Identifier (ORI) number. However, to reduce potential redundancies, the proposed rules allow a juvenile probation department to subscribe to a contractor's FACT record if it already exists because the contractor has provided services to another juvenile probation department. Allowing departments to subscribe to existing FACT records would eliminate the need for the contractor to submit an additional set of fingerprints.

No changes were made to the proposed text as a result of this comment.

Comment: In §344.300(c), extend not requiring a criminal history check to employees and other individuals acting under the auspices of a department contractor if they are providing services in a juvenile justice facility or program, are Professionals, as defined in §344.100(16), and have provided documentation confirming that their professional license is in good standing. As currently written, the professional reciprocity is only extended to professionals who work for a public school district, even though virtually all of the other "professionals" listed in §344.100(16) are held to high codified professional standards.

Response: TJJD's proposed rules intend to ensure that individuals who have unsupervised access to juveniles while providing services on behalf of the juvenile probation department have undergone a fingerprint-based criminal history check and that such individuals are included in the FACT clearinghouse, which allows the juvenile probation department to receive ongoing notifications of new arrests and subsequent court actions.

Not all licensing entities require fingerprint-based criminal history checks. Additionally, not all licensing entities require periodic criminal history checks. Even for licensing entities that do require fingerprint-based checks and enrollment in the FACT clearinghouse, the disqualifying criminal history standards used by the licensing entity may be different than those required by TJJD's administrative rules.

No changes were made to the proposed text as a result of this comment.

Comment: In §344.300(f), clarify that the criminal history check requirements do not apply to any individuals who are statutorily required or court ordered to provide services to the juvenile. There appears to be no reason to limit the section to specific positions, such as attorneys and managing conservators. Examples of individuals who would be included following this revision are those working with Child Advocates of San Antonio (Tex. Fam. Code Chapter 107, Subchapter C) and with ChildSafe (Tex. Fam. Code Chapter 264, Subchapter E).

Response: The list of individuals in §344.300(f) who are not subject to criminal history checks is not intended to be an exhaustive list. The only individuals required to have criminal history checks are those listed in §344.300(b).

The proposed text of §344.300(f) has been modified to clarify that "any other individual who is not listed in subsection (b) of this section" is also exempt from the criminal history check requirements.

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §344.100, §344.110,

STATUTORY AUTHORITY

The new sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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 September 27, 2017.

TRD-201703883

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT

37 TAC §§344.200, 344.202, 344.204, 344.206, 344.208, 344.210, 344.212, 344.220, 344.230

STATUTORY AUTHORITY

The new sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

§344.204.Education Requirements.

(a) Juvenile Probation Officer.

(1) To be eligible for certification as a juvenile probation officer, an individual must meet the following educational requirements:

(A) have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board; and

(B) have either:

(i) one year of graduate study at a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by TJJD; or

(ii) qualifying work experience as specified in §344.210 of this title.

(2) For purposes of this section, one year of graduate study means successful completion of at least 18 post-graduate credit hours.

(b) Juvenile Supervision Officer and Community Activities Officer.

(1) To be eligible for certification as a juvenile supervision officer or community activities officer, an individual must meet one of the following educational requirements:

(A) a diploma from a high school accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense. TJJD considers the following entities as generally recognized accrediting organizations:

(i) the Texas Education Agency or the equivalent agency in another state;

(ii) an entity approved by the Texas Private School Accreditation Commission; and

(iii) regional accreditation organizations such as:

(I) Middle States Association of Colleges and Schools;

(II) New England Association of Schools and Colleges;

(III) North Central Association of Colleges and Schools;

(IV) Northwest Accreditation Commission;

(V) Southern Association of Colleges and Schools; and

(VI) Western Association of Schools and Colleges;

(B) a high school equivalency certificate (e.g., GED) issued by the Texas Education Agency or equivalent agency in another state;

(C) a diploma or certificate of completion issued in a homeschool setting;

(D) a United States military record that indicates the education level received is equivalent to a United States high school diploma or high school equivalency certificate;

(E) a foreign high school diploma that meets the validation requirements established in §344.206 of this title; or

(F) unconditional acceptance into a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.

(2) A department or facility may attempt to establish that an entity not listed in paragraph (1)(A) of this subsection is a generally recognized accrediting organization by submitting supporting documentation to the TJJD certification office. Based on the documentation, TJJD will determine whether the entity is a generally recognized accrediting organization.

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 September 27, 2017.

TRD-201703884

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §§344.300, 344.302, 344.312, 344.320, 344.330, 344.350

STATUTORY AUTHORITY

The new sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

§344.300.Criminal History Checks.

(a) Department or facility policy must prohibit direct, unsupervised access to juveniles in a juvenile justice program or facility by any person with a disqualifying criminal history as described in §344.400 of this title.

(b) A criminal history check as described in this section must be conducted for:

(1) an individual in a position requiring certification or eligible for optional certification; and

(2) an individual who may have direct, unsupervised access to juveniles in a juvenile justice facility or program and who is:

(A) an employee in a position not requiring certification and not eligible for optional certification;

(B) a volunteer;

(C) an intern; or

(D) an individual who provides goods or services under contract, except as provided in subsection (c) of this section.

(c) A criminal history check as specified in this section is not required for employees of a public school district who:

(1) provide services in a juvenile justice facility or program; and

(2) have completed all criminal history checks required by the Texas Education Agency.

(d) Before any individual listed in subsection (b) of this section begins employment or service provision:

(1) the department or facility must ensure the individual has electronically submitted fingerprints using Fingerprint Applicant Services of Texas (FAST) and verify that the department is able to subscribe to the individual's Fingerprint-Based Applicant Clearinghouse of Texas (FACT) record;

(2) the department must subscribe to that individual's record in FACT; and

(3) the department must use the information in FACT to determine if the individual has a disqualifying criminal history as specified in §344.400 of this title.

(e) The department must maintain a FACT subscription for each individual in a position requiring a criminal history check for as long as the individual remains in such a position. This requirement applies regardless of the date employment or service provision began.

(f) The requirements of this section do not apply to the juvenile's attorney, family members, managing conservator, guardians, individuals listed as a juvenile's approved visitors, or any other individual not listed in subsection (b) of this section.

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 September 27, 2017.

TRD-201703885

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. DISQUALIFYING CRIMINAL HISTORY

37 TAC §344.400, §344.410

STATUTORY AUTHORITY

The new sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

§344.400.Disqualifying Criminal History.

(a) Applicants for Certification. An individual with the following criminal history is not eligible for initial certification or initial employment in a position requiring certification:

(1) deferred adjudication or conviction for a felony listed in Texas Code of Criminal Procedure Article 42A.054 (formerly known as "3(g) offenses" under Article 42.12) or a substantially equivalent violation against the laws of another state or the United States, regardless of the date of disposition;

(2) deferred adjudication or conviction for a felony other than those referenced in paragraph (1) of this subsection or a substantially equivalent violation against the laws of another state or the United States within the past 10 years;

(3) deferred adjudication or conviction for any Class A or B misdemeanor in Texas or a substantially equivalent violation against the laws of another state or the United States within the past five years; or

(4) current requirement to register as a sex offender under Texas Code of Criminal Procedure Chapter 62.

(b) Individuals Employed in a Position Requiring Certification. An individual with the criminal history described in subsection (a) of this section is not eligible for continued employment in a position requiring certification unless a variance has been granted in accordance with §344.410 of this title.

(c) Other Individuals Subject to Criminal Background Checks. An individual with the criminal history described in subsection (a) of this section is not eligible to serve in a position listed in §344.300(b)(2) of this title unless an exemption has been granted in accordance with §344.410 of this title.

(d) General Provisions.

(1) The date of conviction or order of deferred adjudication is used to determine when applicable time periods expire.

(2) Regardless of the time periods set forth in subsection (a) of this section, at least one year must have elapsed since the completion of any period of incarceration, community supervision, or parole.

(3) If a department receives notification of an arrest for potentially disqualifying criminal conduct of a person hired in the capacity of a certified officer, the department must notify TJJD's certification office in writing of the alleged offense no later than 10 calendar days after receiving notice of the arrest.

(4) If a department receives notification of a conviction for disqualifying criminal conduct of a person hired in the capacity of a certified officer, the department must notify TJJD's certification office in writing of the offense no later than 10 calendar days after receiving notice of the conviction.

(5) Subsection (a)(1) of this section does not apply to officers certified before the effective date of this section unless the certification expires.

(6) Subsection (a)(1) of this section does not apply to individuals in a position listed in §344.300(b)(2) of this title who began service provision before the effective date of this section with no break in service after that date.

(7) Any conviction occurring before January 1, 2010, will not disqualify an individual in a position listed in §344.300(b)(2) of this title who began employment or service provision before January 1, 2010, with no break in service after that date.

(8) Any felony conviction, felony deferred prosecution, felony deferred adjudication, misdemeanor conviction, misdemeanor deferred prosecution, or misdemeanor deferred adjudication occurring before September 1, 2003, will not disqualify a certified officer who held an active certification on September 1, 2003.

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 September 27, 2017.

TRD-201703886

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER E. TRAINING AND CONTINUING EDUCATION

37 TAC §§344.600, 344.610, 344.620, 344.622, 344.624, 344.626, 344.630, 344.640, 344.660, 344.670, 344.680

STATUTORY AUTHORITY

The new sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

§344.670.Training Methods and Limitations.

(a) Limitations on Topics.

(1) Repetitive Training.

(A) Credit will not be granted more than twice in a certification period for training that is duplicative in nature, except as noted in subparagraph (B) of this paragraph.

(B) If an officer is concurrently employed by more than one department or facility or has transferred to a new department or facility within a certification period, credit for a training topic may be granted up to four times in a certification period.

(2) Review of Policy and Procedure. A review of the policies and procedures of the department or facility is not eligible for credit unless documentation reflects that the review meets the requirements in §344.660(a) of this title.

(3) Meetings/Staff Meetings. Meetings are not considered a training activity unless supporting documentation indicates that all or part of the meeting meets the requirements in §344.660(a) of this title. If only a portion of the meeting meets the requirements in §344.660(a) of this title, credit may be awarded only for that portion of the meeting.

(4) Review of Employee Benefits. A review of employment-related benefits and plans is not eligible for credit unless:

(A) the officer is a supervisor and the review relates to supervisory duties or is being provided as part of a formal leadership development program; and

(B) the review meets the requirements in §344.660(a) of this title.

(5) Firearms Training. Training required under §341.808 of this title relating to carrying a firearm in the course of an officer's official duties is not eligible for credit toward continuing education requirements in this chapter.

(b) Limitations on Training Methods. The hour limitations in this section apply to training received within a certification period.

(1) Video or Web-Based Training for Juvenile Probation Officers and Juvenile Supervision Officers. For juvenile probation officers and juvenile supervision officers, a maximum of 40 hours of any combination of the following types of training may be eligible for credit:

(A) interactive, web-based training, such as live webinars;

(B) video conferencing; and

(C) pre-recorded training, which may account for no more than 20 hours of the total.

(2) Video or Web-Based Training for Community Activities Officers. For community activities officers, a maximum of 20 hours of any combination of the following types of training may be eligible for credit:

(A) interactive, web-based training, such as live webinars;

(B) video conferencing; and

(C) pre-recorded training, which may account for no more than 10 hours of the total.

(3) College Courses. A maximum of 40 hours may be eligible for credit for successful completion of one or more college courses in topics relevant to the officer's job duties. A course must be provided by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board. TJJD determines on a case-by-case basis whether credit is granted for the course and the number of hours approved for credit.

(c) Limitations on Credit for Development and Delivery of Training.

(1) A training provider may claim a maximum of 20 hours in a certification period for the time spent delivering training.

(2) An individual who develops training curriculum may claim a maximum of 20 hours in a certification period for the time spent developing the curriculum.

(3) Credit under this subsection is allowed only for the topics listed in §§344.620, 344.622, 344.624, and 344.626 of this title.

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 September 27, 2017.

TRD-201703887

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER F. CERTIFICATION EXAM

37 TAC §344.700

STATUTORY AUTHORITY

The new section is adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new section is also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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 September 27, 2017.

TRD-201703888

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER G. CERTIFICATION

37 TAC §§344.800, 344.802, 344.804, 344.850, 344.860, 344.862, 344.864, 344.866, 344.868, 344.870, 344.874, 344.876, 344.878, 344.880, 344.884

STATUTORY AUTHORITY

The new sections are adopted under Section 221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The new sections are also adopted under Sections 222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

§344.866.Certification Status.

(a) Active. A status that indicates a certified officer meets the current requirements of certification as set forth in this chapter and is eligible to perform the duties of a juvenile probation officer, juvenile supervision officer, and/or community activities officer, as applicable.

(b) Inactive. A status that indicates an officer's certification has not expired but the officer is ineligible to perform the duties of a certified officer because:

(1) the officer is no longer employed in a position that either requires or is eligible for the certification held;

(2) the officer has been convicted of a disqualifying criminal offense; or

(3) the officer's application for certification or renewal of certification is determined by TJJD to contain deliberately false or misleading information.

(c) Expired. A status that indicates an application to renew or reactivate a certification has not been submitted before the end of the grace period or any applicable extension.

(d) Suspended. A status that indicates an officer's certification is actively suspended and the officer is no longer eligible for employment in a position requiring certification. If the officer's certification is suspended for failure to pay child support under Section 232.003, Texas Family Code, the suspension remains in effect until TJJD receives an order staying or vacating the suspension.

(e) Revoked. A status that indicates an officer's certification has been permanently revoked by TJJD and that the officer is no longer eligible for employment or certification as a juvenile probation officer, juvenile supervision officer, or community activities officer. An individual who has had his/her certification revoked is not eligible for any future certification.

(f) Voluntarily Relinquished. A status that indicates an officer has voluntarily relinquished his/her certification as provided in §344.884 of this title.

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 September 27, 2017.

TRD-201703889

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


CHAPTER 355. NON-SECURE CORRECTIONAL FACILITIES

The Texas Juvenile Justice Department (TJJD) adopts amendments to §355.404, concerning designation of a facility administrator, §355.426, concerning housing records, §355.428, concerning qualifications to provide resident supervision, §355.430, concerning supervision requirements, §355.524, concerning medical separation, §355.538, concerning supervision of moderate-risk suicidal youth, §355.638, concerning disciplinary restriction, §355.640, concerning disciplinary separation, §355.802, concerning restraint requirements, §355.804, concerning restraint prohibitions, and §355.808, concerning personal restraint, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2690).

TJJD also adopts new §355.429, concerning additional training required for certified officers hired by a different department, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2690).

TJJD also adopts the repeal of §355.230, concerning criminal history searches, §355.434, concerning primary control room, and §355.818, concerning preventive mechanical restraints, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2690).

Additionally, TJJD adopts amendments to §355.100, concerning definitions, §355.406, concerning duties of a facility administrator, §355.520, concerning confidentiality of health care encounters, and §355.536, concerning supervision of high-risk suicidal youth, with changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2690).

Changes to the proposed text of §355.100 consist of: 1) clarifying that a qualified mental health professional is someone who meets the definition of a qualified mental health professional in the administrative rules (rather than guidelines) of the Texas Department of State Health Services; and 2) making a grammatical revision in the definition of Youth-on-Youth Sexual Conduct. Additional changes to the proposed text are addressed later in this notice in the section containing TJJD's responses to public comments.

Changes to the proposed text of §355.406 consist of a grammatical revision.

Changes to the proposed text of §355.520 consist of clarifying that a juvenile supervision officer may be present during any health care encounter between a resident and a health care professional (rather than only during medical treatment) under certain circumstances.

Changes to the proposed text of §355.536 consist of a grammatical correction.

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the sections will be youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

SECTION-BY-SECTION SUMMARY

In addition to the changes described earlier in this notice, the amended §355.100: 1) no longer includes definitions for Youth Activities Supervisor and Material Safety Data Sheet; 2) adds a definition for Safety Data Sheet; 3) clarifies that a psycho-social evaluation conducted as part of a behavioral health assessment includes a history of traumatic events; 4) clarifies that a behavioral health assessment may be conducted by a mental health provider who is licensed or otherwise authorized to provide mental health services under the applicable licensing statutes; 5) adds that the definition of Juvenile Supervision Officer does not include individuals who supervise juveniles in a juvenile justice program unless that program is a juvenile justice alternative education program operated by a juvenile probation department that also operates a juvenile justice facility; 6) replaces the names of the licensing boards in the definition of Mental Health Provider with the associated subtitles and chapters of the Texas Occupations Code; and 8) includes minor wording clarifications and grammatical changes in the definitions of Contraband, Governing Board, Housing Unit, Non-Secure Correctional Facility, and Premises.

Section 355.230, which required criminal history searches for certain individuals, has been repealed because criminal history checks for individuals employed by or providing services at non-secure facilities are addressed in Chapter 344.

The amended §355.404 no longer includes the minimum qualifications for employment as a facility administrator. These requirements are now addressed in §344.202, which is also adopted in this issue of the Texas Register.

In addition to the change described earlier in this notice, the amended §355.406 clarifies that the facility administrator must ensure that criminal history and background checks are completed for all individuals identified by Chapter 344 (rather than just for employees who have unsupervised contact with residents).

The amended §355.426 no longer includes a reference to the term youth activities supervisors.

The amended §355.428: 1) no longer includes youth activities supervisors in the list of individuals who are authorized to provide resident supervision; 2) adds that, in order to supervise residents, a certified juvenile supervision officer must have received the facility-specific training listed in §355.429 if the officer was certified while working for another department; 3) adds that a juvenile supervision officer who is not yet certified may supervise residents only if the individual has not exceeded the deadline for submitting an application for certification, has completed all training required by §344.622 and §344.624 (rather than at least 40 hours consisting of the mandatory exam topics, CPR, first aid, and personal restraint technique), and has passed the certification exam; and 4) adds that a juvenile supervision officer who has not met the requirements to provide resident supervision may not be included in officer-to-resident ratios and may not perform any duties of a juvenile supervision officer.

The new §355.429 establishes a list of facility-specific training topics that a certified juvenile supervision officer must receive if that officer is hired by a department or facility different than the one where the officer received his or her certification. The new section also prohibits a juvenile supervision officer who has not completed the facility-specific training from being included in officer-to-resident ratios and from performing any duties of a juvenile supervision officer.

The amended §355.430: 1) no longer includes references to the term youth activities supervisors; and 2) now includes a reference to §355.429 as a standard that may apply to a juvenile supervision officer's ability to count in the ratio.

Section 355.434, which established rules about whether staff in a primary control room may count toward supervision ratios, has been repealed because this section is not needed for non-secure facilities.

In addition to the change described earlier in this notice, the amended §355.520 no longer includes references to the term youth activities supervisor.

The amended §355.524 no longer includes a reference to the term youth activities supervisor.

In addition to the change described earlier in this notice, the amended §355.536 no longer includes references to the term youth activities supervisor.

The amended §§355.538, 355.638, and 355.640 no longer include references to the term youth activities supervisor.

The amended §355.802: 1) no longer includes a reference to the threat of escape as a reason restraints may be used; and 2) no longer includes references to the term youth activities supervisors.

The amended §355.804: 1) adds a prohibition on using a restraint procedure that places anything around the resident's neck; and 2) moves the prohibition on securing residents to vehicles or other residents from §355.818 to this section.

The amended §355.808 no longer includes a reference to the term youth activities supervisors.

Section 355.818, which addressed preventive mechanical restraints, has been repealed because preventive mechanical restraints are not needed for residents of non-secure facilities.

PUBLIC COMMENTS

TJJD received comments from the Coalition for Nurses in Advanced Practice. The following is a summary of the comments and TJJD's responses.

Comment: §355.100(20) defining "Medical Treatment" needs to be amended to make it clear all types of advanced practice registered nurses (APRNs) may order medical treatment.

Response: TJJD agrees with the suggested revision. The proposed text has been amended to include advanced practice registered nurses among the list of health care professionals who may perform or order medical treatment. The proposed text has also been amended to remove the reference to licensed nurse practitioners.

Comment: In §355.100, proposed definition (21) needs to be amended to include Subtitle E of the Occupations Code so these rules include psychiatric-mental health APRNs as mental health providers.

Response: TJJD agrees with the suggested revision. The proposed text has been amended to include the following addition: "Subtitle E (limited to nurse practitioners or clinical nurse specialists who are authorized to practice and hold title in the psychiatric/mental health category as provided in 22 TAC Chapter 221)."

SUBCHAPTER A. DEFINITIONS

37 TAC §355.100

STATUTORY AUTHORITY

The amended section is adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

§355.100.Definitions.

The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise.

(1) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed or otherwise authorized to provide mental health services under the statutes listed in paragraph (21) of this section and who is qualified by training to conduct all required elements of a behavioral health assessment. At a minimum, a behavioral health assessment must include the following elements:

(A) clinical interview;

(B) psycho-social evaluation, including a history of traumatic events, to include:

(i) family history;

(ii) community/living environment;

(iii) peer relationships; and

(iv) academic/vocational history;

(C) review of the following files and associated records in the possession of the juvenile probation department:

(i) juvenile probation records;

(ii) mental health records;

(iii) medical records;

(iv) previous mental health testing records; and

(v) educational records;

(D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer;

(E) psychometric testing, to include:

(i) achievement assessment, only if there is no record of an achievement assessment within the last three years;

(ii) personality assessment, only if there is no record of a personality assessment within the last three years;

(iii) intellectual assessment, only if:

(I) there is no record of an intellectual assessment within the last three years; or

(II) a new intellectual assessment is indicated by:

(-a-) pervasive use of drugs known to impair thought processes;

(-b-) traumatic brain injury;

(-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or

(-d-) obvious impairment in cognitive or interpersonal functioning; and

(F) review of risks, strengths, and recommendations for intervention.

(2) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district.

(3) Contraband--Any item not issued to employees for the performance of their duties and that employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual that a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:

(A) firearms;

(B) knives;

(C) ammunition;

(D) drugs;

(E) intoxicants;

(F) pornography; and

(G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of a resident, or family members of a resident.

(4) Date and Time of Admission--The date and time a juvenile was admitted into a non-secure correctional facility.

(5) Disciplinary Restriction--The removal of a resident from other residents for behavior modification and the placement of the resident alone for 90 minutes or less.

(6) Disciplinary Separation--The removal of a resident from program activities or other residents for 24 hours or less because of a major rule violation or an imminent physical threat to self or others.

(7) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator.

(8) Facility Staff--All full-time, part-time, temporary, and seasonal staff who are employed or contracted to perform facility-related duties.

(9) Governing Board--A governmental unit (typically a juvenile board) or a board of trustees appointed by the governmental unit that establishes and operates or contracts for the establishment and operation of the facility. The governing board for the facility must provide oversight of facility operations, policies, and procedures.

(10) Hazardous Material--Any substance that is explosive, flammable, combustible, poisonous, corrosive, irritating, or otherwise harmful and is likely to cause injury or death.

(11) Health Assessment--The process whereby the health status of an individual is evaluated, which may include questioning the patient regarding symptoms.

(12) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical assistants, emergency medical technicians, and others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for patients.

(13) Health Service Authority--The agency, organization, entity, or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.

(14) Housing Area--An area within the non-secure correctional facility that contains residents.

(15) Housing Unit--A unit within the housing area that may be designed and constructed as either a single-occupancy housing unit (SOHU) or a multiple-occupancy housing unit (MOHU).

(16) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication or post-adjudication secure facility into a non-secure correctional facility under the same administrative authority.

(17) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board.

(18) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a:

(A) juvenile justice facility; or

(B) juvenile justice alternative education program operated by a department that also operates a juvenile justice facility.

(19) Medical Separation--The removal of a resident from program activities or other residents for medical purposes in accordance with §355.524 of this title.

(20) Medical Treatment--Medical care and diagnostic testing (e.g., x-rays, laboratory testing) performed or ordered by a physician, advanced practice registered nurse, or physician assistant or performed by an emergency medical technician, paramedic, registered nurse (RN), or licensed vocational nurse (LVN) according to their respective licensure.

(21) Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services under the following subtitles or chapters of the Texas Occupations Code:

(A) Chapter 110 (sex offender treatment providers);

(B) Subtitle B (physicians);

(C) Subtitle E (limited to nurse practitioners or clinical nurse specialists who are authorized to practice and hold title in the psychiatric/mental health category as provided in 22 TAC Chapter 221); or

(D) Subtitle I (psychologists, marriage and family therapists, licensed professional counselors, chemical dependency counselors, and social workers).

(22) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.

(23)Multiple-Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple-occupancy sleeping.

(24) Non-Program Hours--The time period when the facility's scheduled resident activity has ceased for the day.

(25) Non-Secure Correctional Facility (Facility)--Any public or private residential facility operated solely or partly by or under contract with a juvenile board or governing board in which the construction fixtures, hardware, staffing models, and procedures do not restrict the egress of residents from the facility.

(26) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education).

(27) Positive Screening--A scored result of a completed mental health screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a mental health provider as described on the MAYSI-2 reference card.

(28) Premises--One or more buildings together with their grounds or other appurtenances.

(29) Program Hours--The time period when the facility schedules activities for the resident population.

(30) Qualified Individual--A person who may supervise residents when working with residents in a capacity that relates to the person's qualifications.

(31) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the definition of a qualified mental health professional in the administrative rules adopted by the Texas Department of State Health Services.

(32) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed or redesigned as a housing unit.

(33) Resident--A juvenile who is placed in the non-secure correctional facility.

(34) Riot--A situation in which three or more residents in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.

(35) Safety Data Sheet--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information.

(36) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.

(37) Single-Occupancy Housing Unit (SOHU)--A housing unit designed and constructed with separate and individual resident sleeping quarters.

(38) TJJD--The Texas Juvenile Justice Department.

(39) Volunteer--An individual who agrees to perform services without compensation and may have regular or periodic supervised contact with juveniles under the direction of the non-secure correctional facility.

(40) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph:

(A) "Deviate sexual intercourse" means:

(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or

(ii) the penetration of the genitals or the anus of another person with an object.

(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or

(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

(E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.

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 September 27, 2017.

TRD-201703892

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. APPLICABILITY AND GENERAL PROVISIONS

37 TAC §355.230

STATUTORY AUTHORITY

The repeal is adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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 September 27, 2017.

TRD-201703894

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. FACILITY MANAGEMENT AND OPERATIONS

37 TAC §§355.404, 355.406, 355.426, 355.428 - 355.430

STATUTORY AUTHORITY

The new section and amended sections are adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

§355.406.Duties of Facility Administrator.

(a) The facility administrator is responsible for the daily operations of the facility and must maintain an office on the grounds of the facility.

(b) The facility administrator must designate a certified juvenile supervision officer to be in charge during his or her absence from the facility.

(c) The facility administrator must develop, implement, and maintain a policies and procedures manual for the facility and must ensure the daily facility practice conforms to the policies and procedures detailed in the manual.

(d) The facility administrator must review the facility's policies and procedures manual at least once each year, no later than the last day of the calendar month of the previous year's review, and maintain documentation of this review.

(e) The facility administrator must make the policies and procedures manual available to all employees of the facility.

(f) The facility administrator must ensure that all employees of the facility are:

(1) trained on the policies and procedures manual provisions relevant to the employee's job functions during new employee orientation or prior to beginning service at the facility; and

(2) notified of all changes or modifications to the policies and procedures manual in a timely manner.

(g) The facility administrator must maintain documentation of the training described in subsection (f) of this section.

(h) The facility administrator or designee must ensure that current, accurate, and confidential personnel records are maintained for each employee, which must include:

(1) proof of age;

(2) documentation of criminal background checks conducted as required by Chapter 344 of this title;

(3) the completed application for employment;

(4) training records; and

(5) documentation of promotion, demotion, termination, and other personnel actions.

(i) The facility administrator of a private entity under contract with a governmental unit in this state must provide the presiding officer of the juvenile board with jurisdiction over the facility with periodic updates on the operation of the facility, including the following information to be provided at least every quarter:

(1) facility population and capacity reports;

(2) number of serious incidents, by category, that occurred in the facility;

(3) number of resident restraints by type (e.g., personal and mechanical);

(4) number of injuries to residents requiring medical treatment; and

(5) number of injuries to staff requiring medical treatment.

(j) The facility administrator or chief administrative officer must ensure the accurate and timely submission of statistical data to TJJD in an electronic format or other format as requested by TJJD.

(k) The facility administrator or chief administrative officer must ensure that all criminal history and background checks as required by Chapter 344 of this title are completed.

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 September 27, 2017.

TRD-201703896

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


37 TAC §355.434

STATUTORY AUTHORITY

The repeal is adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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 September 27, 2017.

TRD-201703898

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER E. RESIDENT HEALTH AND SAFETY

37 TAC §§355.520, 355.524, 355.536, 355.538

STATUTORY AUTHORITY

The amended sections are adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

§355.520.Confidentiality of Health Care Encounters.

(a) All medical and mental health screenings and assessments must be conducted in a confidential setting consistent with facility operations and security.

(b) All interactions between a resident and a health care professional that involve treatment or an exchange of confidential medical information must be conducted in private. The facility's policies and procedures may authorize a juvenile supervision officer to be present in the following situations:

(1) if the resident poses a substantial risk to the safety of the health care professional or others;

(2) if the facility has a written policy requiring the presence of a juvenile supervision officer during health care encounters;

(3) if the health care professional or resident requests the presence of a juvenile supervision officer during the health care encounter; or

(4) if the circumstances or situation indicate the presence of a juvenile supervision officer is necessary and prudent.

§355.536.Supervision of High-Risk Suicidal Youth.

(a) Supervision. Residents classified as high risk for suicidal behavior who are awaiting an assessment by a mental health provider or transfer or release as described in §355.534(b) of this title must be:

(1) provided constant, uninterrupted supervision by a certified juvenile probation officer or certified juvenile supervision officer; and

(2) the supervising staff member must document his or her personal observations of the high-risk resident at intervals not to exceed 30 minutes.

(b) Required Documentation. The following documentation must be maintained for high-risk suicidal residents:

(1) the date and time the resident was classified as high risk for suicidal behavior;

(2) name and title of the person who classified the resident as high risk for suicidal behavior;

(3) a description of the resident's behavior and/or factors that led to the resident's classification as high risk for suicidal behavior;

(4) name of the certified juvenile probation officer or certified juvenile supervision officer providing supervision of the resident;

(5) the location of the resident's supervision;

(6) the date and time the resident was reclassified as no longer being at high risk for suicidal behavior; and

(7) the name and title of the mental health provider or physician who recommended the reclassification of the resident as no longer being at high risk for suicidal behavior.

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 September 27, 2017.

TRD-201703900

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER F. RESIDENT RIGHTS AND PROGRAMMING

37 TAC §355.638, §355.640

STATUTORY AUTHORITY

The amended sections are adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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 September 27, 2017.

TRD-201703901

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER H. RESTRAINTS

37 TAC §§355.802, 355.804, 355.808

STATUTORY AUTHORITY

The amended sections are adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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 September 27, 2017.

TRD-201703902

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014


37 TAC §355.818

STATUTORY AUTHORITY

The repeal is adopted under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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 September 27, 2017.

TRD-201703903

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: May 19, 2017

For further information, please call: (512) 490-7014