PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 385. AGENCY MANAGEMENT AND OPERATIONS
SUBCHAPTER B. INTERACTION WITH THE PUBLIC
37 TAC §§385.8101, 385.8117, 385.8136, 385.8137, 385.8141, 385.8153, 385.8161, 385.8163, 385.8183
As a result of a rule review of Title 37, Texas Administrative Code, Chapter 385, Subchapter B, as published in the July 28, 2023, issue of the Texas Register (48 TexReg 4137), the Texas Juvenile Justice Department (TJJD) proposes to repeal §§385.8101, Public Information Requests; 385.8117, Private Real Property Rights Affected by Governmental Action; 385.8136, Notices to Public and Private Schools; 385.8137, Media Access; 385.8141, Confidentiality; 385.8153, Research Projects; 385.8161, Notification of a Facility Opening or Relocating; 385.8163, Decentralization; and 385.8183, Advocacy, Support Group, and Social Services Provider Access.
During the review, TJJD found the reasons for adopting the above rules no longer exist. The repealed rules will be recodified in TJJD policies not contained in the Texas Administrative Code.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that for each year of the first five years the repeals are in effect, there will be no significant fiscal impact for either state or local government as a result of enforcing or administering the repeals.
PUBLIC BENEFIT/COSTS
Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of administering the repeals will be that TJJD will operate more efficiently as a result of maintaining codified rules that more closely align with statutory requirements.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities, and there will be no anticipated economic cost to persons who are required to comply with the repeals as proposed. No private real property rights are affected by the repeal of these sections.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the repealed sections are in effect, the sections will have the following impacts:
(1) The repealed sections do not create or eliminate a government program.
(2) The repealed sections do not require the creation or elimination of employee positions at TJJD.
(3) The repealed sections do not require an increase or decrease in future legislative appropriations to TJJD.
(4) The repealed sections do not impact fees paid to TJJD.
(5) The repealed sections do not create a new regulation.
(6) The repealed sections do not expand, limit, or repeal an existing regulation.
(7) The repealed sections do not increase or decrease the number of individuals subject to the sections' applicability.
(8) The repealed sections will not positively or adversely affect the state's economy.
PUBLIC COMMENTS
Comments on the proposed repeals 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 submitted via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The repeals are 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 these proposed repeals.
§385.8101.Public Information Requests.
§385.8117.Private Real Property Rights Affected by Governmental Action.
§385.8136.Notices to Public and Private Schools.
§385.8137.Media Access.
§385.8141.Confidentiality.
§385.8153.Research Projects.
§385.8161.Notification of a Facility Opening or Relocating.
§385.8163.Decentralization.
§385.8183.Advocacy, Support Group, and Social Services Provider Access.
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 September 14, 2023.
TRD-202303437
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: October 29, 2023
For further information, please call: (512) 490-7278
As a result of a rule review of Title 37, Texas Administrative Code, Chapter 385, Subchapter C, as published in the July 28, 2023, issue of the Texas Register (48 TexReg 4137), the Texas Juvenile Justice Department (TJJD) proposes to repeal §§385.9959, Transportation of Youth; 385.9967, Court-Ordered Child Support; and 385.9993, Canteen Operations.
During the review, TJJD found the reasons for adopting the above rules no longer exist. The repealed rules will be recodified in TJJD policies not contained in the Texas Administrative Code.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that for each year of the first five years the repeals are in effect, there will be no significant fiscal impact for either state or local government as a result of enforcing or administering the repeals.
PUBLIC BENEFIT/COSTS
Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of administering the repeals will be that TJJD will operate more efficiently as a result of maintaining codified rules that more closely align with statutory requirements.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities, and there will be no anticipated economic cost to persons who are required to comply with the repeals as proposed. No private real property rights are affected by the repeal of these sections.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the repealed sections are in effect, the sections will have the following impacts:
(1) The repealed sections do not create or eliminate a government program.
(2) The repealed sections do not require the creation or elimination of employee positions at TJJD.
(3) The repealed sections do not require an increase or decrease in future legislative appropriations to TJJD.
(4) The repealed sections do not impact fees paid to TJJD.
(5) The repealed sections do not create a new regulation.
(6) The repealed sections do not expand, limit, or repeal an existing regulation.
(7) The repealed sections do not increase or decrease the number of individuals subject to the sections' applicability.
(8) The repealed sections will not positively or adversely affect the state's economy.
PUBLIC COMMENTS
Comments on the proposed repeals 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 submitted via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The repeals are 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 these proposed repeals.
§385.9959.Transportation of Youth.
§385.9967.Court-Ordered Child Support.
§385.9993.Canteen Operations.
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 September 14, 2023.
TRD-202303438
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: October 29, 2023
For further information, please call: (512) 490-7278