Texas Register, Volume 24, Number 5, Pages 461-638, January 29, 1999 Page: 506
461-638 p. ; 28 cm.View a full description of this periodical.
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carrier pilots will be processed in the same manner as that described
for operators of motor vehicles or railway locomotive operators in
Texas Transportation Code, 521.056, and in accordance with 49
USC 30305. The Pilot Records Improvement Act of 1996, Public
Law 104-264, Statutes at Large 3259 (1996), 502, amending the
NDR Act of 1982 (49 USC 30305) require air carriers, prior to hir-
ing an individual as a pilot, to request and receive from the NDR
pertinent records concerning the motor vehicle driving record of the
individual being considered for hiring.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on January 13,
1999.
TRD-9900196
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 424-2135
Part III. Texas Youth Commission
Chapter 95. Youth DisciplineSubchapter A.
37 TAC 95.9Disciplinary Practices
The Texas Youth Commission (TYC) proposes an amendment
to 95.9, concerning parole revocation consequence. The
amendment adds a reference to the classification of Violator
of Conduct Indicating a Need for Supervision (CINS) Probation.
The amendment provides that CINS will be subject to same pa-
role revocation criteria as youth classified as general offenders.
Terry Graham, Assistant Deputy Executive Director for Finan-
cial Support, has determined that for the first five-year period
the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or adminis-
tering the section.
Mr. Graham also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be greater protection for
the public. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to
comply with the section as proposed. No private real property
rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham,
Policy and Manuals Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765.
The amendment is proposed under the Human Resources
Code, 61.075, concerning determination of treatment, which
provides the Texas Youth Commission with the authority to
order the child's confinement under conditions it believes best
designed for the child's welfare and the interests of the public.
The proposed rule implements the Human Resource Code,
61.034.
95.9. Parole Revocation Consequence.(a) Purpose. The purpose of this rule is to provide for
the revocation of parole status as a disciplinary consequence for
behavior that presents an unacceptable risk to the safety of persons
and property. Parole revocation is considered a major consequence.
(b) Applicability.
(1) The due process necessary to effect this rule is found
in (GAP) 95.51 of this title (relating to Level I Hearing Procedure).
(2) Additional procedures and restrictions are applied
prior to any movement of a sentenced offender youth. See (GAP)
85.29 of this title (relating to Program Completion and Movement).
Also see (GAP) 85.37 of this title (relating to Sentenced Offender
Disposition).
(c) Explanation of Terms Used. A high risk offense is any
major rule violation which may result in a classification other than
general offender or violator of CINS probation.
(d) Criteria and Disposition.
(1) Parole will be revoked if it is found at a level I hearing
that a youth has:
(A) committed a high risk offense;
(B) committed a felony; or
(C) committed any major rule violation and has previ-
ously been classified for a high-risk offense.
(2) Parole of a general offender or a violator of CINS
probation is revoked if it is found at a level I hearing that the youth
[general offender] has committed a major rule violation; and
(A) the violation was committed, in whole or in
part, within 90 days of imposition of a less severe disciplinary
consequence; or
(B) the youth is a threat to the safety of persons or
property.
(3) If extenuating circumstances are found incident to a
high risk offense, parole is revoked, but the high risk classification
may be waived pursuant to (GAP) 85.23 of this title (relating to
Classification).
(4) If extenuating circumstances are found incident to any
violation other than a high risk offense, parole is not revoked. See
extenuating circumstances discussed in (GAP) 85.23 of this title
(relating to Classification).
(5) If criteria for revocation are not established at a level
I hearing, the youth's parole is not revoked, but lesser disciplinary
consequences may be imposed for any rule violation(s) proved at the
hearing.
(e) Restrictions.
(1) A level I hearing is required in order to revoke a
youth's parole status.
(2) Unless otherwise requested in writing by local author-
ities, a level I hearing may be held even if TYC staff receive infor-
mation that criminal or delinquent proceedings against the youth are
planned or anticipated by local authorities.
(3) If a youth is on parole from another state and is being
supervised by Texas Youth Commission (TYC) under agreement with
the other state, a parole revocation hearing is held by TYC and the
youth returned to the sending state, coordinated by the interstate
compact administrator and general counsel.24 TexReg 506 January 29, 1999 Texas Register
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Texas. Secretary of State. Texas Register, Volume 24, Number 5, Pages 461-638, January 29, 1999, periodical, January 29, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113876/m1/47/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.