TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

CHAPTER 211. ADMINISTRATION

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.16, Establishment or Continued Operation of an Appointing Entity, without changes to the proposed text as published in the January 31, 2025 issue of the Texas Register (50 TexReg 636). The rule will not be republished.

This adopted amended rule allows law enforcement agencies in existence before June 1, 2024, to use personally-owned patrol vehicles if the law enforcement agency has not provided agency-owned patrol vehicles from June 1, 2024, to the present.

The public comment period began on January 31, 2025, and ended on March 4, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.163, Minimum Standards for Law Enforcement Agencies. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.163 requires the Commission to adopt rules to establish minimum standards with respect to the creation or continued operation of a law enforcement agency.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.163, Minimum Standards for Law Enforcement Agencies. No other code, article, or statute is affected by this adoption.

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

Filed with the Office of the Secretary of State on April 7, 2025.

TRD-202501101

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: May 1, 2025

Proposal publication date: January 31, 2025

For further information, please call: (512) 936-7700

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.27, Reporting Responsibilities of Individuals, §211.28, Responsibility of a Law Enforcement Agency to Report an Arrest, and §211.29, Responsibilities of Agency Chief Administrators, without changes to the proposed text as published in the January 31, 2025 issue of the Texas Register (50 TexReg 639). The rules will not be republished.

These adopted amended rules remove the requirement of licensees and appointing law enforcement agencies to report to the Commission any arrests, pending criminal charges, or criminal dispositions. These adopted amended rules clarify that an arresting agency should provide offense reports and charging documents for licensees that are arrested or charged to the Commission. These adopted amended rules also require law enforcement agencies to report to the Commission the failure by an applicant or licensee of a medical examination (L-2), psychological examination (L-3), fitness-for-duty examination (FFDE), or drug screen, which conforms with the addition of Texas Occupations Code §1701.167 made by Senate Bill 1445 (88R).

The public comment period began on January 31, 2025, and ended on March 4, 2025, at the conclusion of the public meeting of the Commission. One public comment was received.

Public Comment: Deputy Executive Director Jennifer Szimanski of the Combined Law Enforcement Associations of Texas suggested adding successful completion of an applicable treatment program by the licensee as an exception to the requirement of a chief administrator to report a failed psychological examination (L-3) because the exception is listed in Occupations Code §1701.167(a)(3).

Commission Response: Occupations Code §1701.167(a)(3) requires "reporting to the commission…of a license holder's failed examination, unless the license holder submits to and successfully completes an applicable treatment program within a reasonable time." In context with the rest of §1701.167(a), this refers to a fitness-for-duty examination (FFDE) and not a psychological examination (L-3). The advisory committees established to provide input on the model policies required by Occupations Code §1701.167 also did not suggest that an applicable treatment program applied to a failed psychological examination (L-3), but determined it only applied to a failed fitness-for-duty examination (FFDE).

The amended rules are adopted under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.153, Reports from Agencies and Schools, §1701.167, Policy Regarding Examination of a License Holder or Applicant, and §1701.306, Psychological and Physical Examination. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.153 requires the Commission to establish reporting standards and procedures for matters the Commission considers necessary for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.167 requires the reporting to the Commission of a failed examination. Texas Occupations Code §1701.306 requires the Commission to adopt rules to establish appropriate standards and measures to be used by a law enforcement agency in reporting medical (L-2) and psychological (L-3) examinations.

The amended rules as adopted affect or implement Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.153, Reports from Agencies and Schools, §1701.167, Policy Regarding Examination of a License Holder or Applicant, and §1701.306, Psychological and Physical Examination. No other code, article, or statute is affected by this adoption.

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

Filed with the Office of the Secretary of State on April 7, 2025.

TRD-202501102

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: May 1, 2025

Proposal publication date: January 31, 2025

For further information, please call: (512) 936-7700

The Texas Commission on Law Enforcement (Commission) adopts new 37 Texas Administrative Code §211.41, Procurement Protests and Records, without changes to the proposed text as published in the January 31, 2025 issue of the Texas Register (50 TexReg 640). The rule will not be republished.

This adopted new rule conforms with Texas Government Code §2155.076 and 34 Texas Administrative Code §§20.531 - 20.538. The adopted new rule provides vendors a process for protesting agency procurement actions consistent with rules adopted by the Comptroller.

The public comment period began on January 31, 2025, and ended on March 4, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the new rule as proposed.

The new rule is adopted under Texas Government Code §2155.076, Protest Procedures, and Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority. Texas Government Code §2155.076 requires the Commission to adopt rules to establish protest procedures for resolving vendor protests relating to purchasing issues. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and for the Commission's internal management and control and to contract as the Commission considers necessary for certain services, facilities, studies, and reports.

The new rule as adopted affects or implements Texas Government Code §2155.076, Protest Procedures, and Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority. No other code, article, or statute is affected by this adoption.

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

Filed with the Office of the Secretary of State on April 7, 2025.

TRD-202501103

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: May 1, 2025

Proposal publication date: January 31, 2025

For further information, please call: (512) 936-7700

CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §215.9, Training Coordinator, without changes to the proposed text as published in the January 31, 2025 issue of the Texas Register (50 TexReg 642). The rule will not be republished.

This adopted amended rule requires training coordinators to report to the Commission the failure by an applicant of a medical examination (L-2) or psychological examination (L-3), which conforms with the addition of Texas Occupations Code §1701.167 made by Senate Bill 1445 (88R).

The public comment period began on January 31, 2025, and ended on March 4, 2025, at the conclusion of the public meeting of the Commission. One public comment was received.

Public Comment: Training Coordinator Daniel Looney of the Hunt County Sheriff's Office asked why the responsibility to report failed medical (L-2) and psychological (L-3) examinations is placed on the training coordinator? This does not capture the agencies that are not training providers. Why are agency heads not responsible for reporting failed medical (L-2) and psychological (L-3) examinations if they are required to submit appointment applications (L-1s)?

Commission Response: A corresponding rule change to 37 Texas Administrative Code §211.29(h) would also require chief administrators of law enforcement agencies to report failed medical (L-2) and psychological (L-3) examinations to the Commission. There are three entities that obtain medical (L-2) and psychological (L-3) examinations for enrollment, licensing, or appointment purposes: 1) law enforcement agencies; 2) providers of basic licensing courses; and 3) the Commission. Requiring both agency chief administrators and training coordinators to report to the Commission any failed medical (L-2) or psychological (L-3) examination would capture all agencies and providers of basic licensing courses.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.153, Reports from Agencies and Schools, §1701.167, Policy Regarding Examination of a License Holder or Applicant, and §1701.306, Psychological and Physical Examination. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.153 requires the Commission to establish reporting standards and procedures for matters the Commission considers necessary for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.167 requires the reporting to the Commission of a failed examination. Texas Occupations Code §1701.306 requires the Commission to adopt rules to establish appropriate standards and measures to be used by a law enforcement agency in reporting medical (L-2) and psychological (L-3) examinations.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.153, Reports from Agencies and Schools, §1701.167, Policy Regarding Examination of a License Holder or Applicant, and §1701.306, Psychological and Physical Examination. No other code, article, or statute is affected by this adoption.

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

Filed with the Office of the Secretary of State on April 7, 2025.

TRD-202501104

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: May 1, 2025

Proposal publication date: January 31, 2025

For further information, please call: (512) 936-7700

CHAPTER 219. PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §219.2, Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police, with non-substantive changes to the proposed text as published in the January 31, 2025 issue of the Texas Register (50 TexReg 645). The rule will be republished.

This adopted amended rule increases the types of federal criminal investigators that may receive reciprocity to be considered for a license. This will increase the number of qualified candidates for licensure consideration.

The public comment period began on January 31, 2025, and ended on March 4, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.255, Enrollment Qualifications. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and to establish minimum standards related to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, public security officer, or telecommunicator. Texas Occupations Code §1701.255 requires the Commission to adopt rules establishing minimum qualifications for a person to enroll in a law enforcement training program.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.255, Enrollment Qualifications. No other code, article, or statute is affected by this adoption.

§ 219.2. Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police.

(a) To be eligible to take a state licensing examination, an out of state, federal criminal investigator, or military police must comply with all provisions of §219.1 of this chapter and this section.

(b) A prospective out-of-state peace officer, federal criminal investigator, or military police applicant for peace officer licensing in Texas must:

(1) meet all statutory licensing requirements of the state of Texas and the rules of the commission;

(2) successfully complete a supplementary peace officer training course, the curriculum of which is developed by the commission, any other courses, as required by the commission; and

(3) successfully pass the Texas Peace Officer Licensing Examination as provided in §219.1 of this chapter.

(c) Requirements (Peace Officers): Applicants who are peace officers from other U.S. states must meet the following requirements:

(1) provide proof of successful completion of a state POST-approved (or state licensing authority) basic police officer training academy;

(2) have honorably served (employed, benefits eligible) as a sworn full time paid peace officer for 2 continuous years. Service time applied to this section must have been obtained following completion of a state POST-approved basic training course;

(3) be subject to continued employment or eligible for re-hire (excluding retirement); and

(4) the applicant's license or certificate must never have been, nor currently be in the process of being, surrendered, suspended, or revoked.

(d) Requirements (Federal): Texas Code of Criminal Procedure Article 2A.002 recognizes certain named criminal investigators of the United States as having the authority to enforce selected state laws by virtue of their authority. These individuals are deemed to have the equivalent training for licensure consideration. The Executive Director may identify other federal criminal investigators not listed in Texas Code of Criminal Procedure Article 2A.002 whose training and work experience are deemed to be appropriate for licensure consideration.

(e) Qualifying Federal Officers must:

(1) have successfully completed an approved federal agency law enforcement training course (equivalent course topics and hours) at the time of initial certification or appointment;

(2) have honorably served (employed, benefits eligible) in one of the aforementioned federal full time paid capacities for 2 continuous years. Service time applied to this section must have been obtained following completion of a federal agency law enforcement approved basic training course; and

(3) be subject to continued employment or eligible for re-hire (excluding retirement).

(f) Requirements (Military): Must have a military police military occupation specialty (MOS) or air force specialty code (AFSC) classification approved by the commission.

(g) Qualifying military personnel must provide proof of:

(1) successfully completed basic military police course for branch of military served; and

(2) active duty service for 2 continuous years. Service time applied to this section must have been obtained following completion of an approved basic military police course.

(h) The applicant must make application and submit any required fee(s) in the format currently prescribed by the commission to take the peace officer licensing exam. The applicant must comply with the provisions of §219.1 of this chapter when attempting the licensing exam.

(i) Required documents must accompany the application:

(1) a certified or notarized copy of the basic training certificate for a peace officer, a certified or notarized copy of a federal agent's license or credentials, or a certified or notarized copy of the peace officer license or certificate issued by the state POST or proof of military training;

(2) a notarized statement from the state POST, current employing agency or federal employing agency revealing any disciplinary action(s) that may have been taken against any license or certificate issued by that agency or any pending action;

(3) a notarized statement from each applicant's employing agency confirming time in service as a peace officer or federal officer or agent;

(4) a certified or notarized copy of the applicant's valid state-issued driver's license;

(5) a certified copy of the applicant's military discharge (DD-214), if applicable; and

(6) for applicants without a valid Texas drivers license, a passport-sized color photograph (frontal, shoulders and face), signed with the applicant's full signature on the back of the photograph.

(j) The commission may request that applicants submit a copy of the basic and advanced training curricula for equivalency evaluation and final approval.

(k) All out-of-state, federal, and military applicants will be subject to a search of the National Decertification Database (NDD), NCIC/TCIC, and National Criminal History Databases to establish eligibility.

(l) Any applicant may be denied because of disciplinary action, including suspension or revocation, or misconduct in another jurisdiction.

(m) All documents must bear original certification seals or stamps.

(n) The effective date of this section is May 1, 2025.

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

Filed with the Office of the Secretary of State on April 7, 2025.

TRD-202501105

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: May 1, 2025

Proposal publication date: January 31, 2025

For further information, please call: (512) 936-7700

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §341.100, Definitions, with changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 270). The rule will be republished.

TJJD also adopts new 37 TAC §341.308, Notification to Office of Independent Ombudsman, without changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 270). The rule will not be republished.

SUMMARY OF CHANGES

The amended §341.100 adds a definition for Non-Juvenile Justice Contract Facility . The additional changes involve correcting stylistic inconsistencies and a capitalization discrepancy.

The new §341.308 explains that: 1) the chief administrative officer or designee must notify the Office of Independent Ombudsman via email when a juvenile is placed in a non-juvenile justice contract facility; and 2) the notification must be made no later than 10 days after the juvenile's placement.

The new §341.308 also explains that: 1) the chief administrative officer or designee must notify the Office of Independent Ombudsman via email when a juvenile who was placed in a non-juvenile justice contract facility has been removed from the facility for any reason; and 2) the notification must be made no later than 10 days after the juvenile's removal.

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS

STATUTORY AUTHORITY

The amended section is adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities.

§ 341.100. Definitions.

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

(1) Alternative Referral Plan--A procedure that deviates from the requirements of §53.01(d), Family Code, regarding referral of cases to the prosecutor.

(2) Approved Personal Restraint Technique ("personal restraint")--A professionally trained, curriculum-based, and competency-based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints.

(3) Approved Mechanical Restraint Devices ("mechanical restraint")--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. The only mechanical restraint devices approved for use are the following:

(A) Ankle Cuffs--Metal band designed to be fastened around the ankle to restrain free movement of the legs.

(B) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms.

(C) Plastic Cuffs--Plastic devices designed to be fastened around the wrists or legs to restrain free movement of hands, arms, or legs. Plastic cuffs must be designed specifically for use in human restraint.

(D) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the subject's extremities.

(E) Waist Belt--A cloth, leather, or metal band designed to be fastened around the waist and used to secure the arms to the sides or front of the body.

(4) Case Management System--A computer-based tracking system that provides a systematic method to track and manage juvenile offender caseloads.

(5) 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, including the juvenile probation department of a multi-county judicial district.

(6) Comprehensive Folder Edit--A report generated in the Caseworker or Juvenile Case Management System (JCMS) application that performs an extensive edit of the case file information. This report identifies incorrectly entered data and questionable data that impact the accuracy of the reports and programs.

(7) Criminogenic Needs--Issues, risk factors, characteristics, and/or problems that relate to a person's risk of reoffending.

(8) Data Coordinator--A person employed by a juvenile probation department who is designated to serve and function as the primary contact with TJJD on all matters relating to data collection and reporting.

(9) Department--A juvenile probation department.

(10) Draw--To unholster a weapon in preparation for use against a perceived threat.

(11) EDI Specifications--A document developed by TJJD outlining the data fields and file structures that each juvenile probation department is required to follow in submitting the TJJD EDI extract.

(12) Empty-Hand Defense--Defensive tactics through the use of pressure points, releases from holds, and blocking and striking techniques using natural body weapons such as an open hand, fist, forearm, knee, or leg.

(13) Field Supervision--Supervision ordered by a juvenile court in accordance with §54.04(d)(1)(A), Family Code, where the child is placed on probation in the child's home or in the custody of a relative or another fit person.

(14) Formal Referral--An event that occurs only when all three of the following conditions exist:

(A) a juvenile has allegedly committed delinquent conduct, conduct indicating a need for supervision, or a violation of probation;

(B) the juvenile probation department has jurisdiction and venue; and

(C) the office or official designated by the juvenile board has:

(i) made face-to-face contact with the juvenile and the alleged offense has been presented as the reason for this contact; or

(ii) given written or verbal authorization to detain the juvenile.

(15) Initial Disposition--The disposition of probation issued by a juvenile court after a child is:

(A) formally referred to a juvenile probation department for the first time; or

(B) formally referred to a juvenile probation department after any and all previous periods of supervision by the department have ended.

(16) Inter-County Transfer--As described in §51.072, Family Code, a transfer of supervision from one juvenile probation department in Texas to another juvenile probation department in Texas for a juvenile who moves or intends to move to another county and intends to remain in that county for at least 60 days.

(17) Intermediate Weapons--Weapons designed to neutralize or temporarily incapacitate an assailant, such as electronic restraint devices, irritants, and impact weapons. This level of self-defense employs the use of tools to neutralize aggressive behavior when deadly force is not justified but when empty-hand defense is not sufficient.

(18) Intern--An individual who performs services for a juvenile justice program or facility through a formal internship program that is sponsored by a juvenile justice agency or is part of an approved course of study through an accredited college or university.

(19) 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.

(20) Juvenile Board--A governing board created under Chapter 152, Human Resources Code.

(21) Juvenile Justice Program--A program or department that:

(A) serves juveniles under juvenile court or juvenile board jurisdiction; and

(B) is operated solely or partly by the governing board, juvenile board, or by a private vendor under a contract with the governing board or juvenile board. The term includes:

(i) juvenile justice alternative education programs;

(ii) non-residential programs that serve juvenile offenders under the jurisdiction of the juvenile court or the juvenile board; and

(iii) juvenile probation departments.

(22) Non-Juvenile Justice Contract Facility--a facility in which a juvenile is placed pursuant to a contract with a department, program, facility, or juvenile board, other than a facility registered with TJJD.

(23) Professional--A person who meets the definition of professional in §344.100 of this title.

(24) Resident--A juvenile or other individual who has been lawfully admitted into a pre-adjudication secure juvenile detention facility, post-adjudication secure juvenile correctional facility, or a non-secure juvenile correctional facility.

(25) Residential Placement--Supervision ordered by a juvenile court in which the child is placed on probation outside the child's home in a foster home or a public or private institution or agency.

(26) Restraints--Personal or mechanical restraint.

(27) Responsivity Factors--Factors that are not necessarily related to criminal activity but are relevant to the way in which the juvenile reacts to different types of interventions (e.g., learning styles and abilities, self-esteem, motivation for treatment, resistance to change, etc.)

(28) SRSXEdit--An audit program developed by TJJD to assist juvenile probation departments not using the Caseworker or JCMS application with verifying their data prior to submission to TJJD.

(29) Supervision--The case management of a juvenile by the assigned juvenile probation officer or designee through contacts (e.g., face-to-face, telephone, office, home, or collateral contacts) with the juvenile, the juvenile's family, and/or other persons or entities involved with the juvenile.

(30) TCOLE--Texas Commission on Law Enforcement.

(31) Title IV-E Approved Facility--A facility licensed and/or approved by the Texas Department of Family and Protective Services for Title IV-E participation.

(32) TJJD--Texas Juvenile Justice Department.

(33) TJJD Electronic Data Interchange (EDI) Extract--An automated process to extract and submit modified case records from the department's case management system to TJJD. The extract must be completed in accordance with this chapter.

(34) TJJD Mental Health Screening Instrument--An instrument selected by TJJD to assist in identifying juveniles who may have mental health needs.

(35) Volunteer--An individual who performs services for the juvenile probation department without compensation from the department who has:

(A) any unsupervised contact with juveniles in a juvenile justice program or facility; or

(B) regular or periodic supervised contact with juveniles in a juvenile justice program or facility.

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

Filed with the Office of the Secretary of State on April 10, 2025.

TRD-202501158

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES

STATUTORY AUTHORITY

The new section is adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501159

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 345. JUVENILE JUSTICE PROFESSIONAL CODE OF ETHICS FOR CERTIFIED OFFICERS

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §345.100, Definitions; §345.200, Policy and Procedure; §345.300, Adherence and Reporting Violations; and §345.310, Code of Ethics, without changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 274). The rules will not be republished.

SUMMARY OF CHANGES

The amended §345.100: 1) clarifies the definitions for juvenile, juvenile justice facility, and juvenile justice professional; and 2) adds a definition for Non-Juvenile Justice Contract Facility.

The amended §345.200 clarifies that departments, programs, and facilities must adopt and implement policies and procedures to ensure that all code of ethics violations are reported to the administration of the department, program, or facility and to TJJD.

The amended §345.300 clarifies that juvenile justice professionals must report any unethical behavior or violations of the code of ethics to TJJD and to the administration of the department, program, facility, or non-juvenile justice contract facility where the juvenile justice professional is an employee, volunteer, or contractor.

The amended §345.310 clarifies that: 1) juvenile justice professionals must not engage in conduct constituting abuse, neglect, or exploitation as provided by Chapter 358, Administrative Code, and Chapter 261, Family Code; and 2) juvenile justice professionals must not interfere with or hinder any investigation (rather than any abuse, neglect, or exploitation investigation ).

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

STATUTORY AUTHORITY

The amended section is adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501160

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER B. POLICY AND PROCEDURE

STATUTORY AUTHORITY

The amended section is adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501161

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER C. CODE OF ETHICS

STATUTORY AUTHORITY

The amended sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501162

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 349. GENERAL ADMINISTRATIVE STANDARDS

The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC §§349.100, 349.200, 349.300, 349.305, 349.307, 349.308, 349.310, 349.311, 349.315, 349.320, 349.325, 349.330, 349.335, 349.340, 349.345, 349.355, 349.360, 349.365, 349.370, 349.375, 349.380, 349.385, 349.400, 349.410, 349.500, 349.510, 349.520, 349.530, 349.540, 349.550, 349.560, 349.570, 349.600, 349.650, and 349.700, relating to General Administrative Standards, without changes to the proposed repeal as published in the January 10, 2025, issue of the Texas Register (50 TexReg 276). The repeal will not be republished.

SUMMARY OF REPEAL

The repeal of §§349.100, Definitions; 349.200, Waiver or Variance; 349.300, Requests for Disciplinary Action; 349.305, Commission Initiated Disciplinary Action; 349.307, Disciplinary Sanctions; 349.308, Disciplinary Guidelines; 349.310, Effect of Request for Disciplinary Action; 349.311, Disciplinary Sanctions; 349.315, Computation of Time; 349.320, Notice and Service; 349.325, Representation; 349.330, Preliminary Notice to Certified Officer in Disciplinary Matters; 349.335, Commencement of Disciplinary Proceedings; 349.340, Certified Officer's Answer and Consequence of Failure to File an Answer to Formal Charges (Default); 349.345, Discovery; 349.355, Subpoenas; 349.360, Informal Proceedings; 349.365, Agreed Dispositions; 349.370, Formal Disciplinary Proceedings; 349.375, Decision of the Board; 349.380, Judicial Review; 349.385, Mandatory Suspension for Failure to Pay Child Support; 349.400, Complaint Process; 349.410, Administrative Review of Investigation Findings; 349.500, Purpose; 349.510, Definitions; 349.520, Access to Confidential Information; 349.530, Redaction of Records Prior to Release; 349.540, Procedures for Requesting Access to Confidential Information; 349.550, Public Information; 349.560, Videotapes, Audiotapes, and Photographs; 349.570, Charges for Copies of Records; 349.600, Purpose; 349.650, Removal of Members; and 349.700, Access to Data Collected, allows the content to be revised and republished as new §§349.100, 349.110, 349.120, 349.200, 349.210, 349.220, 349.230, 349.240, 349.250, 349.260, 349.270, 349.300, 349.302, 349.304, 349.310, 349.320, 349.330, 349.340, 349.350, 349.360, 349.370, 349.380, 349.390, 349.400, 349.410, 349.420, 349.430, 349.440, 349.450, 349.460, 349.500, 349.550, and 349.600.

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501163

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER B. WAIVER

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501164

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER C. DISCIPLINARY ACTIONS AND HEARINGS

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501165

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER D. COMPLAINTS AGAINST JUVENILE BOARDS

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501166

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER E. CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501167

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER F. ADVISORY COUNCIL ON JUVENILE SERVICES

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501168

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER G. DATA

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501169

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 349. GENERAL ADMINISTRATIVE STANDARDS

The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §§349.100, 349.110, 349.120, 349.200, 349.210, 349.220, 349.230, 349.240, 349.250, 349.260, 349.270, 349.300, 349.302, 349.304, 349.310, 349.320, 349.330, 349.340, 349.350, 349.360, 349.370, 349.380, 349.390, 349.400, 349.410, 349.420, 349.430, 349.440, 349.450, 349.460, 349.500, 349.550, and 349.600, relating to General Administrative Standards, without changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 279). The rules will not be republished.

SUMMARY

New §349.100, Definitions, provides definitions for terms used in the chapter. Key additions and/or revisions include: 1) removing terms alleged perpetrator, designated perpetrator, and sustained perpetrator and replacing them with the term suspect ; 2) defining abuse, neglect, and exploitation by reference to 37 TAC Chapter 358; 3) adding definitions of administrator and administrative designee that are consistent with definitions in Chapter 358; 4) expanding the definition of certification action to include ineligibility for certification; 5) expanding the definition of certified officer to include a person with a provisional certification; 6) adding a definition of non-juvenile justice contract facility ; 7) adding a definition of de novo review ; 8) adding a definition of juvenile and expanding it to include juveniles at a non-juvenile justice contract facility; 9) expanding the definition of juvenile facility to refer to statutes; 10) replacing terms juvenile probation officer and juvenile supervision officer with the term respondent ; and 11) adding a definition of victim .

New §349.110, Interpretation, provides general guidelines for interpreting the chapter. Key additions and/or revisions include adding: 1) standard interpretation language regarding headings; 2) the term including ; and 3) calculations of time.

New §349.120, Authorized Delegation, explains that the executive director may designate in writing another TJJD employee to perform the executive director's duties under this chapter. Key additions and/or revisions include specifying that the executive director may designate another TJJD employee to perform the executive director's duties under the chapter and that such designation must be in writing.

New §349.200, Waivers and Variances, provides information on waivers and variances as they apply to the requirements of this chapter. Key additions and/or revisions include: 1) defining the distinct purposes of waivers and variances; 2) specifying the applicability of waivers and variances and that they may be conditional; 3) specifying how waivers and variances are to be requested and what information must be provided; 4) providing that either a waiver or variance may be granted by the executive director for up to 180 days and that the TJJD Board must approve any time frame longer than 180 days; 5) providing that, if executive director denies a waiver or variance, the requestor may ask the TJJD Board to review the denial; 6) providing that the department or facility requesting the waiver or variance is responsible for appearing at the Board meeting to explain the request and answer questions from the Board; and 7) providing that, when appropriate, TJJD staff will make a recommendation to the Board on whether or not to grant a waiver or variance.

New §349.210, Code of Ethics Violations, provides guidelines related to the reporting of, notifications related to, and timelines regarding code of ethics violations. Key additions and/or revisions include: 1) providing that every person with a TJJD certification is obligated to report to TJJD when the person has reason to believe another certified officer has violated the Code of Ethics; 2) clarifying that a failure to report a code of ethics violation may result in disciplinary action; and 3) requiring that confirmed code of ethics violations must be reported to TJJD Office of General Counsel except when conduct is subject of TJJD investigation.

New §349.220, Complaints, provides information about complaints regarding juvenile boards, certified officers, or employees of departments, facilities, or non-juvenile justice contract facilities. Key additions and/or revisions include addressing how various complaints received by TJJD are processed.

New §349.230, Violation by Juvenile Board, provides instruction for times when TJJD determines a juvenile board, including the department or facility under the juvenile board's jurisdiction, has violated rules, standards, or the terms of the State Financial Assistance Contract. Key additions and/or revisions include adding the possibility of extending the deadline for compliance when there is a violation of standards or the state financial assistance contract.

New §349.240, Mandatory Suspension for Failure to Pay Child Support, explains the process for suspending the certification of a certified officer when that officer fails to pay child support.

New §349.250, Administrative Review of Investigation Findings, explains the process for an administrative review when a person is confirmed by TJJD to have engaged in conduct meeting the definition of abuse neglect, or exploitation in an investigation conducted under Chapter 358 of this title. Key additions and/or revisions include: 1) updating language due to removal of designated perpetrator term; 2) changing the timeline to request an administrative review from 20 days to 10 days; 3) allowing administrators to request administrative review on behalf of staff; 4) specifying that the attorney who does the administrative review is not the same attorney who advised or otherwise worked on the investigation; 5) specifying that the administrative review is a de novo review; 6) providing that an attorney may interview witnesses and gather additional evidence at the attorney's discretion and may request the assistance of TJJD's Office of the Inspector General in doing so; 7) specifying that an attorney prepares a written report explaining the decision to confirm or revise the original findings; 8) providing a requirement to notify the suspect or administrative designee and provide estimated completion date if there is a need to extend 45-day completion date; and 9) specifying that administrative review does not apply to investigations conducted of TJJD employees.

New §349.260, Representation, explains that the subject of an investigation may elect to appear with legal representation during the administrative review process.

New §349.270, Temporary Suspension Order, explains that TJJD may temporarily suspend the certification of a certified office during the administrative review process.

New §349.300, Disciplinary Action, explains that TJJD may impose disciplinary action on a certified officer who has committed a code of ethics violation or engaged in abuse, neglect, or exploitation involving a juvenile.

New §349.302, Ineligibility for Certification, outlines TJJD's authority to make a person ineligible for certification under certain circumstances. Key additions and/or revisions include adding the statutory authority to make a person ineligible for certification.

New §349.304, Guidelines, provides parameters for those seeking, proposing, or making a decision under the standards given in this chapter.

New §349.310, Mandatory Revocation, explains the circumstances under which a person's certification will be revoked or denied. Key additions and/or revisions include: 1) clarifying that TJJD staff shall seek revocation for certain conduct; 2) adding engaging in sexually-related or otherwise inappropriate relationship with a juvenile, whether or not sexual conduct occurred; and 3) adding the statutory provisions from Chapter 53 Occupations Code that mandate revocation.

New §349.320, Notice and Service, explains the process by which a person is informed of a pending certification action against that person. Key additions and/or revisions include: 1) adding a mechanism to provide service at an address other than the one on file with TJJD, in the event the person has moved; 2) adding a provision that allows for notice by publication or any other legal means if necessary; and 3) updating the language that must be included in the notice to provide general content instead of specific terminology.

New §349.330, Answer, explains the process by which a person may respond to a certification action.

New §349.340, Default, explains the consequences for a person failing to respond to a certification action.

New §349.350, Agreed Orders, explains the circumstances surrounding the resolution of certification matters through voluntary settlement processes.

New §349.360, State Office of Administrative Hearings, explains, that under certain conditions, the matter of a certification action will be schedule for hearing at the State Office of Administrative Hearings. Key additions and/or revisions include: 1) deleting process requirements for SOAH; and 2) referring to statutes and administrative rules that control.

New §349.370, Decision of the Board, provides information concerning the various statutes related to TJJD Board decisions and orders. Key additions and/or revisions include: 1) deleting specific requirements for Board decisions; and 2) referring to statutes that control those decisions.

New §349.380, Representation, explains that the respondent to a certification action may elect to appear with legal representation during the certification action process. Key additions and/or revisions include clarifying that TJJD is represented by an attorney from the agency's Office of General Counsel.

New §349.390, Costs, explains that a party who appeals a final decision in a contested case is responsible for the costs related to preparing a copy of the agency proceeding and for any requested transcription.

New §349.400, Purpose, explains that the purpose of subchapter D of this chapter is to clarify to whom and under what circumstances TJJD may disclose confidential information related to investigations of abuse, neglect, and exploitation.

New §349.410, Definitions, provides definitions for terms used in subchapter D.

New §349.420, Confidentiality of and Access to Information, explains the extent to which records related to abuse, neglect, and exploitation investigations are confidential and accessible. Key additions and/or revisions include adding the ability to share information regarding investigation pursuant to a memorandum of understanding adopted under §810.009, Human Resources Code, related to the multiagency search engine for reportable conduct.

New §349.430, Redaction of Records Prior to Release, explains the extent which TJJD will redact investigation records before their release.

New §349.440, Procedures for Requesting Access to Confidential Information, provides information pertaining to the extent to which confidential information may be requested and provided.

New §349.450, Public Information, explains that TJJD will compile statewide statistics on the incidence of abuse, neglect, and exploitation and provide those statistics to the public upon written request.

New §349.460, Video, Audio Recordings, and Photographs, explains who has access to video, audio recordings, and photographs that are part of the records of investigations.

New §349.500, Purpose, explains the purpose of the Advisory Council on Juvenile Services and describe various aspects of the council.

New §349.550, Removal of Members, explains the grounds for removing a member of the Advisory Council.

New §349.600, Access to Data Collected, explains that, for the purposes of planning and research, all juvenile probation departments participating in the state's regionalization plan are authorized to access data that any other participating departments have submitted through the case management system.

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS AND GENERAL REQUIREMENTS

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501170

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501171

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER C. CERTIFICATION ACTIONS AND HEARINGS

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501172

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER D. CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION, AND NEGLECT INVESTIGATION RECORDS

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501173

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER E. ADVISORY COUNCIL ON JUVENILE SERVICES

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501174

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER F. DATA

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501175

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 350. INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS

The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC §§350.100, 350.110, 350.120, 350.200, 350.210, 350.300, 350.400, 350.500, 350.600, 350.610, 350.620, 350.700, 350.800, and 350.900 - 350.904, relating to Investigating Abuse, Neglect, Exploitation, Death and Serious Incidents, without changes to the proposed repeal as published in the January 10, 2025, issue of the Texas Register (50 TexReg 291). The repeal will not be republished.

SUMMARY OF CHANGES

The repeal of Chapter 350 and its sections--§§350.100, Definitions; 350.110, Interpretation; 350.120, Applicability; 350.200, Assessment; 350.210, Prioritization, Activation and Initiation; 350.300, Investigations; 350.400, Notification and Referral; 350.500, Requests for Disciplinary Action; 350.600, Retention, Release and Redaction of Commission Records; 350.160, Release of Confidential Information; 350.620, Redaction of Records; 350.700, Call Line; 350.800, Serious Incidents; 350.900, Training and Quality Assurance; 350.901, Pre-Service Training; 350.902, Competency Testing; 350.903, Continuing Education; and 350.904 Quality Assurance--allows the content to be revised and included in a simultaneous revision of 37 TAC Chapter 358

PUBLIC COMMENTS

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

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501176

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 358. IDENTIFYING, REPORTING, AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH, AND SERIOUS INCIDENTS

The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC §§358.100, 358.120, 358.140, 358.200, 358.220, 358.240, 358.300, 358.320, 358.340, 358.360, 358.400, 358.420, 358.440, 358.460, 358.500, 358.520, 358.540, 358.600, and 358.620, relating to Identifying, Reporting, and Investigating Abuse, Neglect, Exploitation, Death, and Serious Incidents, without changes to the proposed repeal as published in the January 10, 2025, issue of the Texas Register (50 TexReg 292). The repeal will not be republished.

SUMMARY OF REPEAL

The repeal of §358.100, Definitions; §358.120, Interpretation; §358.140, Applicability; §358.200, Policy and Procedure; §358.220, Data Reconciliation; §358.240, Signage; §358.300, Identifying and Reporting Abuse, Neglect, Exploitation, and Death; §358.320, Parental Notification; §358.340, Reporting of Allegations by Juveniles; §358.360, Allegations Occurring Outside the Juvenile Justice System; §358.400, Internal Investigation; §358.420, Reassignment or Administrative Leave During the Internal Investigation; §358.440, Cooperation with TJJD Investigation; §358.460, Corrective Measures; §358.500, Internal Investigation Report; §358.520, Required Components of an Internal Investigation Report; §358.540, Submission of Internal Investigation Report; §358.600, Serious Incidents; and §358.620, Medical Documentation for Serious Incidents allows the content to be revised and republished as new §§358.100, 358.110, 358.120, 358.130, 358.200, 358.210, 358.220, 358.230, 358.240, 358.250, 358.260, 358.270, 358.280, 358.290, 358.300, 358.310, 358.320, 358.330, 358.340, 358.400, 358.410, 358.420, 358.430, 358.440, 358.450, and 358.460.

PUBLIC COMMENTS

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

STATUTORY AUTHORITY

The repeals are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501177

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 358. IDENTIFYING, REPORTING, AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH, AND SERIOUS INCIDENTS

The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §§358.100, 358.110, 358.120, 358.130, 358.200, 358.210, 358.220, 358.230, 358.240, 358.250, 358.260, 358.270, 358.280, 358.290, 358.300, 358.310, 358.320, 358.330, 358.340, 358.400, 358.410, 358.420, 358.430, 358.440, 358.450, and 358.460, relating to Identifying, Reporting, and Investigating Abuse, Neglect, Exploitation, Death, and Serious Incidents, without changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 293). The rules will not be republished.

SUMMARY

New §358.100, Definitions, provides definitions for terms used in the chapter. Key additions and/or revisions include: 1) removing terms alleged perpetrator, designated perpetrator, and sustained perpetrator and replacing them with the term suspect; 2) adding the term non-juvenile justice contract facility; 3) adding abscond from nonsecure facility to serious incident; 4) ensuring definitions related to sexual abuse are consistent with PREA, particularly related to juvenile contact with other juveniles; 5) adding definitions of reasonable cause to believe and preponderance of the evidence; 6) modifying definitions of abuse, neglect, and exploitation to remove reference to changed statute; and 7) adding definition of emotional harm and physical injury.

New §358.110, Interpretation, provides general guidelines for interpreting the chapter. Key additions and/or revisions include adding the calculation of time and a reference to applicable statute.

New §358.120, Applicability, explains the circumstances to which this chapter will apply. Key additions and/or revisions include expanding applicability to include abuse, neglect, exploitation, serious incidents, and death that involve juvenile at non-juvenile justice contract facilities.

New §358.130, Toll-Free Call Center, explains that TJJD operates a call center for the specific purpose of reporting alleged abuse, neglect, exploitation, death, and serious incidents.

New §358.200, Policy and Procedure, describes the types of policies and procedures required of departments, programs, and facilities. Key additions and/or revisions include: 1) clarifying that all contracts with non-juvenile justice contract facilities will require the placement to report abuse, neglect, exploitation, death, or serious incident to the juvenile probation department, program, or facility and to TJJD; to conduct an internal investigation in accordance with this chapter or allow the department, program, or facility to do so; and to cooperate with all assessments and investigations; and 2) modifying the reporting requirement to be when there is reasonable cause to believe abuse, neglect, or exploitation has occurred.

New §358.210, Information on Reporting, explains how and when youth and parents are made aware of the process for reporting alleged abuse, neglect, exploitation, death, and serious incidents. Key additions and/or revisions include adding that facilities or programs provide a youth's parents with information on reporting suspected abuse, neglect, or exploitation to TJJD and the TJJD toll-free number as soon as practicable after child is taken into custody or placed in the facility.

New §358.220, Data Reconciliation, explains the information TJJD requires for all allegations of abuse, neglect, exploitation, death, and serious incidents.

New §358.230, Reporting Abuse, Neglect, and Exploitation, explains a person's duty to report abuse, neglect, and exploitation and will present timeframes and methods of reporting. Key additions and/or revisions include: 1) expanding duty to report to include non-juvenile justice contract facility and changing duty to be when there is reasonable cause to believe; and 2) modifying reporting methods to remove fax as an option.

New §358.240, Reporting Serious Incidents, explains a person's duty to report serious incidents and will present timeframes and methods of reporting. Key additions and/or revisions include: 1) expanding duty to report to include non-juvenile justice contract facility; and 2) modifying reporting methods to remove fax as an option.

New §358.250, Reporting Deaths, explains a person's duty to report a death and will present timeframes and methods of reporting. Key additions and/or revisions include expanding duty to report to include non-juvenile justice contract facility.

New §358.260, Parental Notification, explains the requirements regarding notifying parents or guardians when a youth has died or is the alleged victim of abuse, neglect, exploitation, or serious incident. Key additions and/or revisions include adding a requirement to report to a parent that their child was involved in a serious incident using the same timeframes as the requirements to report abuse, neglect, and exploitation.

New §358.270, Reporting of Allegations by Juveniles, specifies a youth's right to report allegations of abuse, neglect, exploitation, and death. Key additions and/or revisions include adding a requirement to report to a parent that their child was involved in a serious incident using the same timeframes as the requirements to report abuse, neglect, exploitation, and death.

New §358.280, Internal Investigation, explains the specifics for the mandatory investigations that must be undertaken in every case when a youth has died or is the victim of alleged abuse, neglect, or exploitation. Key additions and/or revisions include: 1) clarifying that a delay in starting an internal investigation in order to protect the integrity of potential evidence occurs only after consultation with local law enforcement or TJJD's Office of Inspector General; 2) clarifying that policies and procedures related to internal investigations must be provided to TJJD upon request; and 3) providing that the burden of proof in an internal investigation is a preponderance of the evidence and that the burden of proof cannot be lowered or raised.

New §358.290, Corrective Measures, explains the scope of the corrective measures that may be taken at the conclusion of an internal investigation. Key additions and/or revisions include clarifying that corrective measures that must be taken, if warranted, also apply to persons found to have engaged in misconduct not classified as abuse, neglect, or exploitation.

New §358.300, Internal Investigative Report, explains that a report must be completed at the conclusion of every internal investigation and will provide the items that must be included in the report. Key additions and/or revisions include adding a requirement to notify TJJD within five calendar days if disciplinary action is imposed after the submission of the internal investigation report.

New §358.310, Submission of Internal Investigative Report, explains what TJJD requires to be submitted as part of the internal investigative report.

New §358.320, Reassignment or Administrative Leave during the Internal Investigation, explains the options for addressing the work status of personnel alleged to have abuse, neglected, or exploited a youth

New §358.330, Cooperation with TJJD Investigation, explains that all persons must cooperate fully with a TJJD investigation into allegations of abuse, neglect, exploitation, death, and serious incidents. Key additions and/or revisions include adding serious incident to the types of investigations all persons are required to fully cooperate with.

New §358.340, Cooperation with Other Agencies, explains that all persons must also cooperate with other agencies that have the authority to investigate allegations of abuse, neglect, exploitation, death, and serious incidents. Key additions and/or revisions include adding a requirement to fully cooperate with other state agencies or licensing entities with authority to investigate, such as an agency that holds the occupational license of a person who is the subject of an investigation.

New §358.400, TJJD Assessment and Referral, explains that TJJD will complete assessments on all reports of alleged abuse, neglect, exploitation, death, and serious incidents to determine the authority under which the alleged conduct falls. Key additions and/or revisions include: 1) adding serious incidents to the things TJJD can assess to determine if an investigation is warranted or if a referral to another TJJD division, the juvenile probation department or facility, or another state agency is appropriate; 2) clarifying that TJJD may conduct an assessment when there is a reasonable cause to believe one is warranted; 3) clarifying that the purpose of an assessment is to determine if the conduct falls under TJJD's investigative or other regulatory authority and if action or investigation is warranted; and 4) providing that TJJD may request information as part of the assessment and the requested information must be provided.

New §358.410, TJJD Investigations, provides the parameters for how investigations will be conducted. Key additions and/or revisions include: 1) clarifying that an investigation may be conducted based on a report or may be initiated by TJJD when there is reasonable cause to believe that an incident may require investigation, regardless of how TJJD was made aware of the matter; 2) removing detailed procedures of how investigations are conducted from administrative rule as they are more appropriately addressed in policies and procedures; 3) adding that a person who obtains employment in another jurisdiction while an investigation is pending may not be in a position having contact with juveniles until the investigation is finalized by TJJD or TJJD approves.

New §358.420, Findings in Abuse, Neglect, and Exploitation Investigations, explains the burden of proof required in findings of abuse, neglect, exploitation, death, and serious incidents and will provide specific definitions for certain behaviors. Key additions and/or revisions include: 1) clarifying that a finding of abuse, neglect, or exploitation requires a preponderance of evidence to establish the person engaged in conduct meeting the definition, including having done so with the required mental state; 2) defining intentionally, knowingly, and recklessly according to definitions in the Penal Code; 3) defining negligence using the definition in civil law negligence cases; and 4) defining the required findings for abuse, neglect, and exploitation allegations.

New §358.430, Abuse, Neglect, and Exploitation Investigative Report, explains that an investigative report must include certain elements and may include others. Key additions and/or revisions include: 1) providing that the investigator in an abuse, neglect, and exploitation report will summarize and analyze the evidence and make a recommendation regarding whether the evidence is sufficient to establish ANE occurred; 2) providing that a TJJD attorney will review the investigation for legal sufficiency and make findings as to whether the evidence stablishes that abuse, neglect, or exploitation occurred; and 3) adding that the attorney may request additional information or investigation by TJJD's Office of Inspector General if necessary.

New §358.440, Notification of Findings, explains who is notified of the findings of an investigation. Key additions and/or revisions include providing who will be notified of the findings and the notice for administrative review.

New §358.450, Other Actions by TJJD, provides other courses of action that TJJD might take as a result of an investigation.

New §358.460, Maintenance of Records and Data, explains the process for maintaining records and data related to investigations into abuse, neglect, exploitation, death, and serious incidents.

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS, APPLICABILITY, AND GENERAL REQUIREMENTS

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501178

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER B. RESPONSIBILITIES OF DEPARTMENTS, PROGRAMS, AND FACILITIES

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501179

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER C. TJJD ASSESSMENT AND INVESTIGATION

STATUTORY AUTHORITY

The new sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and 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 April 10, 2025.

TRD-202501180

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER B. TREATMENT

SUBCHAPTER D. YOUTH RIGHTS AND REMEDIES

The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC §380.9333, Investigation of Alleged Abuse, Neglect, and Exploitation, without changes to the proposed repeal as published in the January 10, 2025, issue of the Texas Register (50 TexReg 304). The repeal will not be republished.

SUMMARY OF REPEAL

The repeal of §380.9333 allows the content to be revised and republished as new §380.9333.

PUBLIC COMMENTS

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

STATUTORY AUTHORITY

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

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

Filed with the Office of the Secretary of State on April 10, 2025.

TRD-202501182

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §380.9333, Investigation of Alleged Abuse, Neglect, and Exploitation, without changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 304). The rule will not be republished.

SUMMARY OF CHANGES

New §380.9333 modifies and republishes information currently contained in the former §380.9333, which is simultaneously adopted for repeal. Key additions and revisions include: 1) clarifying that an investigation may be conducted based on a report or may be initiated by TJJD when there is reasonable cause to believe that an incident may require investigation, regardless of how TJJD was made aware of the matter; 2) removing detailed procedures of how investigations are conducted from administrative rule as they are more appropriately addressed in policies and procedures; 3) detailing that a finding of abuse, neglect, or exploitation requires a preponderance of evidence to establish the person engaged in conduct meeting the definition, including having done so with the required mental state; 4) defining intentionally, knowingly, and recklessly using the Penal Code definitions; 5) defining negligence using definition in civil law negligence cases; 6) defining the required findings for abuse, neglect, and exploitation allegations; 7) providing that the investigator in an abuse, neglect, or exploitation report will summarize and analyze the evidence and make a recommendation regarding whether the evidence is sufficient to establish abuse, neglect, or exploitation occurred; 8) providing that a TJJD attorney will review the investigation for legal sufficiency and make findings as to whether the evidence establishes that abuse, neglect, or exploitation occurred; and 9) clarifying that the attorney may request additional information or investigation by TJJD's Office of Inspector General if necessary.

PUBLIC COMMENTS

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

STATUTORY AUTHORITY

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

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

Filed with the Office of the Secretary of State on April 10, 2025.

TRD-202501184

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 1, 2025

Proposal publication date: January 10, 2025

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

SUBCHAPTER E. BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE