TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 353. SUBSTANCE ABUSE FACILITIES AND PROGRAMS

37 TAC §353.1

The Texas Juvenile Justice Department (TJJD) adopts on an emergency basis new §353.1, relating to Substance Abuse Facilities and Programs. The new rule requires juvenile probation departments that operate substance abuse treatment programs to follow the applicable rules of the Texas Department of State Health Services (DSHS) as those rules existed on August 31, 2017.

This rule is adopted on an emergency basis to ensure there are no gaps in regulation of substance abuse programs operated by juvenile probation departments. Senate Bill 1314 (85th Texas Legislature, Regular Session) moves the regulation of these programs from DSHS to TJJD on September 1, 2017.

Pursuant to §2001.034, Government Code, TJJD finds that a requirement of state law (i.e., SB 1314) requires adoption of this rule on fewer than 30 days' notice.

The new section is adopted under §221.002(a)(6), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of substance abuse facilities or programs that are juvenile justice facilities or juvenile justice programs.

§353.1.Substance Abuse Facilities and Programs.

(a) Except as noted in subsection (b) of this section, a juvenile justice facility or program that operates a chemical dependency treatment program must comply with rules of the Department of State Health Services (DSHS) codified in 25 TAC Chapter 448 that apply to the facility or program as those rules existed on August 31, 2017.

(b) In the event of a conflict between a rule adopted by DSHS and a rule adopted by the Texas Juvenile Justice Department (TJJD), the rule adopted by TJJD controls.

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 1, 2017.

TRD-201703472

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2017

Expiration date: December 29, 2017

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