TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 263. LIFE SAFETY RULES

SUBCHAPTER D. PLANS AND DRILLS FOR EMERGENCIES

37 TAC §263.42

The Texas Commission on Jail Standards adopts amendments to Texas Administrative Code, Title 37, §263.42. concerning Fire Prevention Plan, without changes to the proposed language as published in the March 25, 2022, issue of the Texas Register (47 TexReg 1608). The rule will not be republished.

The proposed amendments add language to 37 TAC §263.42 to require that the local fire official who performs fire inspections in jails shall either be certified by the Texas Commission on Fire Protection or shall meet the alternative criteria provided in Government Code § 419.909. The amendments would also require that jails shall pass the fire inspection. The Commission also clarifies with this adopted language that it is TCJS and not the Commission on Fire Prevention that approves the written plan for fire prevention and a fire hazard inspection checklist. Since 2009, Government Code § 419.909 (originally § 419.908 but changed in 2011 to § 419.909) has required that "Only an individual certified by (The Commission on Fire Protection) as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation, or ordinance." In a memo on November 20, 2009, the Commission on Jail Standards informed county jails of this requirement as a condition of compliance certification; however, TCJS did not add this requirement to its minimum jail standards. It does so now with this amendment.

No public comments were received.

The amendment is adopted under the authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This adoption does not affect other rules or statutes.

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 June 15, 2022.

TRD-202202263

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: July 5, 2022

Proposal publication date: March 25, 2022

For further information, please call: (512) 463-2690


PART 15. TEXAS FORENSIC SCIENCE COMMISSION

CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

37 TAC §651.222

The Texas Forensic Science Commission ("Commission") adopts a new rule to 37 Texas Administrative Code §651 without changes to the text as published in the April 29, 2022, issue of the Texas Register (47 TexReg 2461) to establish a voluntary forensic analyst licensing program for document examination analysts and forensic anthropologists. The rule will not be republished. The new rules are necessary to reflect adoptions made by the Commission at its January 21, 2022 quarterly meeting. The adoption is made in accordance with the Commission's forensic analyst licensing authority under Tex. Code. Crim. Proc. art. 38.01 §4-a(c) to establish voluntary licensing programs for forensic examinations or tests not subject to accreditation requirements.

Summary of Comments. No comments were received regarding the adoptions.

Statutory Authority. The amendment is proposed under Tex. Code Crim. Proc. art 38.01 §4-a(c).

Cross reference to statute. The proposal establishes new rule 37 Texas Administrative Code §651.222.

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 June 20, 2022.

TRD-202202297

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Effective date: July 10, 2022

Proposal publication date: April 29, 2022

For further information, please call: (512) 936-0661