Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013 Page: 3,895
3857-4052 p. ; 28 cm.View a full description of this periodical.
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(a) - (c) (No change.)
(d) A file, fingerprint, or other identifying record submitted to
the director by TJJD [TYG] or a local juvenile probation department
under this chapter and relating to or identifying a juvenile shall be main-
tained separately from adult records. This subsection does not apply to
storage or use of a DNA record in the DNA database.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 6, 2013.
TRD-201302295
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: July 21, 2013
For further information, please call: (512) 424-5848
SUBCHAPTER D. CODIS RESPONSIBILITIES
OF THE TEXAS JUVENILE JUSTICE
DEPARTMENT
37 TAC 28.61 - 28.67
The Texas Department of Public Safety (the department) pro-
poses amendments to 28.61 - 28.67, concerning CODIS
Responsibilities of the Texas Juvenile Justice Department.
Pursuant to Government Code, 2001.039, the department
reviewed this chapter and determined an update to these rules
was necessary to change the name of the Texas Youth Com-
mission (TYC) to the Texas Juvenile Justice Department (TJJD)
pursuant to 82nd Texas Legislature, SB 653, which transferred
the operations of TYC to TJJD on December 1, 2011.
Denise Hudson, Assistant Director, Finance, has determined
that for each year of the first five-year period the rules are
in effect there will be no fiscal implications for state or local
government or local economies.
Ms. Hudson has also determined that there will be no adverse
economic effect on small businesses or micro-businesses re-
quired to comply with the rules as proposed. There is no antic-
ipated economic cost to individuals who are required to comply
with the rules as proposed. There is no anticipated negative im-
pact on local employment.
In addition, Ms. Hudson has also determined that for each year
of the first five-year period the rules are in effect, the public ben-
efit anticipated as a result of enforcing the rules will be current
and updated rules.
The department has determined that this proposal is not a "ma-
jor environmental rule" as defined by Texas Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule that the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure and
that may adversely affect, in a material way, the economy, a sec-
tor of the economy, productivity, competition, jobs, the environ-
ment or the public health and safety of a state or a sector of the
state. This proposal is not specifically intended to protect the
environment or reduce risk to human health from environmental
exposure.The department has determined that Chapter 2007 of the Texas
Government Code does not apply to this proposal. Accordingly,
the department is not required to complete a takings impact as-
sessment regarding this proposal.
Comments on this proposal may be submitted to D. Pat Johnson,
Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
78773. Comments must be received no later than thirty (30) days
from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code,
411.004(3), which authorizes the Public Safety Commission to
adopt rules considered necessary for carrying out the depart-
ment's work, and 2001.039, which requires state agencies to
review their rules and readopt, readopt with amendments, or re-
peal a rule as the result of reviewing the rule under this section.
Texas Government Code, 411.004(3) and 2001.039, are af-
fected by this proposal.
28.61. Sample Collection by TJJD [TG].
A juvenile who is, after an adjudication for conduct constituting a
felony, confined in a facility operated by or under contract with TJJD
[T] shall provide one or more DNA samples taken by or at the
request of the commission for the purpose of creating a DNA record.
28.62. TJJD [TCG] Responsibilities.
TJJD [TYC] shall:
(1) obtain samples from juveniles under this subchapter;
(2) preserve each sample collected;
(3) maintain a record of the collection of the sample; and
(4) send the sample to the director for scientific analysis
under Subchapter B of this chapter.
28.63. Sample Collection.
(a) Time to collect. TJJD [TYC] shall obtain the sample from
a juvenile during the initial examination or at another time determined
by TJJD [TYC].
(b) Use of force. A TJJD [TY-] employee may use force
against a juvenile required to provide a sample under this subchapter
when and to the degree the employee reasonably believes the force is
immediately necessary to collect the sample.
(c) Contracts. TJJD [TYG] may contract for phlebotomy ser-
vices under this subchapter.
28.64. Collection of Fingerprint and Signature.
(a) TJJD [TC] shall collect and forward thumbprints with
each DNA sample collected under this subchapter.
(b) The thumbs must be rolled to capture the entire print.
(c) TJJD [TC] shall provide a legible signature of the person
collecting the sample and, for identification purposes, should make rea-
sonable efforts to collect a legible signature from the subject providing
the sample.
28.65. Juvenile in Another Institution.
If a juvenile is confined in another juvenile detention facility after ad-
judication and before admission to TJJD [TYLG], and TJJD [TYG] de-
termines that the juvenile is likely to be released before being admitted
to TJJD [T 4G], TJJD [T 4G] shall cause a sample to be collected from
the juvenile. The administrator of the other juvenile detention facil-
ity shall cooperate fully with TJJD [TYG] as necessary to allow TJJD
[TY-] to perform its duties under this subchapter.PROPOSED RULES June 21, 2013 38 TexReg 3895
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Texas. Secretary of State. Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013, periodical, June 21, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313177/m1/39/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.