PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §341.304, Requirement to Apply for Diversion Funds.
SUMMARY OF CHANGES
The new §341.304 will explain that, prior to a court committing a juvenile to TJJD, the chief administrative officer or designee must submit an application for diversion funds to divert a youth from commitment to TJJD. The new section will also describe situations in which the requirement does not apply.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be to bring TJJD into compliance with statutory requirements.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. No private real property rights are affected by adoption of this section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section will not positively or adversely affect this state's economy.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Josh Bauermeister, Policy Writer, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The new section is proposed under §223.001(d-1), Human Resources Code, which requires a juvenile probation department to apply for the placement of a child in a regional specialized program before a juvenile court commits the child to the department's custody and allows for the establishment of exceptions to this requirement.
No other statute, code, or article is affected by this proposal.
§341.304.Requirement to Apply for Diversion Funds.
(a) Prior to a court committing a juvenile to TJJD, the chief administrative officer or designee must submit an application for diversion funds to divert a juvenile from commitment to TJJD.
(b) The requirement in subsection (a) does not apply if:
(1) the youth has committed conduct that is eligible for a determinate sentence under §51.031 or §53.045, Family Code, whether or not the petition was approved by the grand jury;
(2) the youth has been previously placed and discharged within the last year from a post-adjudication secure juvenile correctional facility;
(3) the youth is at least 17 years of age on the date of disposition or modification of disposition; or
(4) a juvenile probation department is not recommending commitment.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 4, 2024.
TRD-202402473
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: July 21, 2024
For further information, please call: (512) 490-7278
SUBCHAPTER B. TREATMENT
DIVISION 2. PROGRAMMING FOR YOUTH WITH SPECIALIZED TREATMENT NEEDS
As a result of a rule review of Title 37, Texas Administrative Code, Chapter 380, Subchapter B, as published in the February 2, 2024, issue of the Texas Register (49 TexReg 571), the Texas Juvenile Justice Department (TJJD) proposes to repeal §380.8789, Use of Clinical Polygraph in the Sexual Behavior Treatment Program.
During the review, TJJD found the original reasons for adopting the rule no longer exist.
SUMMARY OF CHANGES
Section 380.8789 is repealed because the practice described in the rule is no longer applicable to current TJJD services.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the repeal is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the repeal.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of administering the repeal will be to eliminate a rule that no longer aligns with the practices of TJJD's treatment program.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. No private real property rights are affected by adoption of this repeal.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the repeal is in effect, the repeal will have the following impacts.
(1) The proposed repeal does not create or eliminate a government program.
(2) The proposed repeal does not require the creation or elimination of employee positions at TJJD.
(3) The proposed repeal does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed repeal does not impact fees paid to TJJD.
(5) The proposed repeal does not create a new regulation.
(6) The proposed repeal does not expand, limit, or repeal an existing regulation.
(7) The proposed repeal does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed repeal will not positively or adversely affect this state's economy.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Josh Bauermeister, Policy Writer, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The repeal is proposed under §2001.039, Government Code, which requires TJJD to review its rules every four years and to determine whether the original reasons for adopting reviewed rules continue to exist.
No other statute, code, or article is affected by this proposed repeal.
§380.8789.Use of Clinical Polygraph in the Sexual Behavior Treatment Program.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 4, 2024.
TRD-202402471
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: July 21, 2024
For further information, please call: (512) 490-7278
SUBCHAPTER A. CONTRACTS
As a result of a rule review of Title 37, Texas Administrative Code, Chapter 385, Subchapter A, as published in the July 28, 2023, issue of the Texas Register (48 TexReg 4137), the Texas Juvenile Justice Department (TJJD) proposes to amend §385.1101, Contract Authority and Responsibilities.
SUMMARY OF CHANGES
Amendments to §385.1101 include: 1) adding a definition for total value; 2) clarifying that TJJD staff must present to the board any change order for a construction contract that exceeds $150,000 individually or cumulatively, or a dollar amount that causes the total value of the contract to exceed $300,000; 3) deleting a paragraph pertaining to the approval of contracts involving the expenditure of funds for outside audit services and outside legal services; and 4) deleting paragraphs pertaining to competitive solicitations, consulting services, professional services, construction services, rate setting, exemptions from the competitive bidding process for youth services, iron and steel products, and contracts with businesses that do not boycott Israel. The above deletions are being proposed because it is understood that TJJD is already abiding by the statutes referenced.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the amended section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be to clarify the process for approving and executing contracts and to eliminate duplicative and unnecessary language from the rule.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the amended section as proposed. No private real property rights are affected by adoption of these amendments.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the amended section is in effect, the amendments will have the following impacts.
(1) The amended section does not create or eliminate a government program.
(2) The amended section does not require the creation or elimination of employee positions at TJJD.
(3) The amended section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The amended section does not impact fees paid to TJJD.
(5) The amended section does not create a new regulation.
(6) The amended section does not expand, limit, or repeal an existing regulation.
(7) The amended section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The amended section will not positively or adversely affect this state's economy.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Josh Bauermeister, Policy Writer, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The amended section is proposed under §2001.039, Government Code, which requires TJJD to review its rules every four years and to determine whether the original reasons for adopting the reviewed rules continue to exist.
No other statute, code, or article is affected by this proposal.
§385.1101.Contract Authority and Responsibilities.
(a) Purpose. This rule establishes the responsibilities for approving and executing contracts required by the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies to all contracts entered into by TJJD.
(c) Definitions. As used in this chapter, the following terms have the following meanings, unless the context clearly indicates otherwise.
(1) Board--the governing board of TJJD.
(2) Contract--a written contract between TJJD and another party, either public or private, for goods or services or for a project as defined by Section 2166.001, Government Code. As used in this chapter, "contract" includes the following: letters of agreement; interagency/interlocal agreements with other government entities; memorandums of understanding; and other agreements in which state funds or services are exchanged for the delivery of goods or performance of services.
(3) Total Value--The estimated dollar amount that a state agency may be obligated to pay pursuant to the contract and all executed and proposed amendments, extensions, and renewals of the contract.
(d) Authority to Approve Contracts.
(1) Board Approval. TJJD staff must present certain contracts to the board for approval, including but not limited to:
(A) any contract with a total value exceeding $500,000;
(B) any construction contract with a total value exceeding $300,000;
(C) any change order(s) for a construction contract
that exceeds [order exceeding] $150,000 individually
or cumulatively, or a dollar amount that causes the total value of
the contract to exceed $300,000 [for a construction contract];
(D) any contract with a total value exceeding
$15,000 for consulting [consultant] services,
as defined in Section 2254.021, Government Code;
(E) any contract for architectural or engineering services;
(F) any contract for start-up residential operations; and
(G) any other contract appropriate for board approval as determined by the executive director.
(2) Agency Approval.
(A) The board delegates authority to the executive director or designee to approve all contracts not listed in paragraph (1) of this subsection.
(B) The board delegates authority to the executive
director or designee to approve a contract listed in paragraph (1)
of this subsection that is executed in response to an emergency, as
defined in 34 TAC §20.210 [§20.32].
[(3) Other Approvals]
[(A) TJJD complies with Section 321.020, Government Code, which requires that all contracts involving the expenditure of funds for outside audit services must be approved by the Texas State Auditor's Office.]
[(B) TJJD complies with Section 402.0212, Government Code, which requires that all contracts involving the expenditure of funds for outside legal services must be approved by the Office of the Attorney General.]
(e) Authority to Execute Contracts. The board delegates
authority to the executive director to execute all contracts for TJJD.
This authority may be delegated by the executive director [to
another member of the executive management team].
(f) Annual Contract Plan.
(1) TJJD staff must present to the board for its review an annual plan that outlines TJJD's anticipated contracting actions for the next fiscal year.
(2) As deemed necessary by the executive director or designee, updates to the contract plan may be provided to the board for review periodically throughout the fiscal year.
[(g) Adoptions by Reference and Statutory
Citations Relating to Contracting Responsibilities.]
[(1) Competitive Solicitations.]
[(A) TJJD complies with Chapters 2155 and 2156, Government Code, relating to the competitive bidding process and types of solicitations used and Section 2252.002, Government Code, relating to awards of contracts to nonresident bidders.]
[(B) TJJD adopts by reference 34 TAC §20.391, relating to requests for offers.]
(g) [(2)] Historically Underutilized
Businesses. TJJD adopts by reference 34 TAC Chapter 20, Subchapter
D, Division 1, relating to historically underutilized businesses.
[(3) Consulting Services.]
[(A) TJJD complies with Chapter 2254, Subchapter B, Government Code, relating to consulting services contracts.]
[(B) TJJD adopts by reference 34 TAC §5.54, relating to consulting services contracts.]
[(4) Professional Services. TJJD complies with Chapter 2254, Subchapter A, Government Code, relating to professional services contracts.]
[(5) Construction Services. TJJD awards contracts for the construction of buildings and improvements in accordance with Chapter 2166, Government Code.]
[(6) Rate Setting. TJJD complies with Section 2261.151(a), Government Code, relating to payment and reimbursement methods and rates.]
[(7) Exemptions from Competitive Bidding Process for Youth Services. In accordance with Chapter 2155, Subchapter C, Government Code, relating to certain exemptions from competitive bidding, TJJD may purchase care and treatment services for youth committed to its care at rates not to exceed any maximum provided by law, based on each provider's qualifications and demonstrated competence.]
[(8) Iron and Steel Products. TJJD complies with Chapter 2252, Subchapter F, Government Code, relating to the purchase of iron and steel products made in the United States for certain governmental entity projects.]
[(9) Contracts with Businesses That Do Not Boycott Israel. TJJD complies with Section 2270.002, Government Code, relating to entering into contracts with only those businesses that have verified in writing that they do not boycott Israel and will not do so for the term of a contract.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 4, 2024.
TRD-202402472
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: July 21, 2024
For further information, please call: (512) 490-7278