Texas Register, Volume 38, Number 33, Pages 5135-5370, August 16, 2013 Page: 5,233
5135-5370 p. ; 28 cm.View a full description of this periodical.
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(40) Youth Activities Supervisor--Regardless of title, an
individual whose primary responsibility and essential job function is
the supervision of juveniles strictly in a non-secure setting within a
juvenile justice program or facility other than a juvenile justice alter-
native education program.
(41) Youth-on-Youth Sexual Conduct--Two or more juve-
niles, regardless of age, who engage in deviate sexual intercourse, sex-
ual contact, sexual intercourse, or sexual performance as those terms
are defined in subparagraphs (A)-(D) of this paragraph:
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of
one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of an-
other person with an object.
(B) "Sexual contact" means the following acts, if com-
mitted with the intent to arouse or gratify the sexual desire of any per-
son:
(i) any touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals of a
person; or
(ii) any touching of any part of the body of a person,
including touching through clothing, with the anus, breast, or any part
of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the
female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or
suggestive nature performed in front of one or more persons, including
simulated or actual sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, sado-masochistic abuse or lewd ex-
hibition of the genitals, the anus, or any portion of the female breast
below the top of the areola.
(E) A juvenile may not consent to the acts as defined in
this paragraph under any circumstances. Consent may not be implied
regardless of the age of the juvenile.
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 August 5, 2013.
TRD-201303184
Brett Bray
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: September 15, 2013
For further information, please call: (512) 490-7014
SUBCHAPTER B. APPLICABILITY AND
GENERAL PROVISIONS
37 TAC 355.200, 355.202, 355.204, 355.206, 355.210,
355.220, 355.226, 355.230, 355.232, 355.234, 355.236
The new sections are proposed under Human Resources Code
221.002, which authorizes the Texas Juvenile Justice Depart-
ment to establish reasonable rules that provide minimum stan-
dards for non-secure correctional facilities operated by or under
contract with a governmental unit.No other statute, code, or article is affected by this proposal.
355.200. Applicability.
(a) Except as specified in subsections (b) and (c) of this sec-
tion, this chapter applies to all non-secure juvenile correctional facili-
ties in this state.
(b) Non-secure correctional facilities designated for detention
by the juvenile board pursuant to Texas Family Code 51.12 are subject
to Chapter 351 of this title.
(c) A non-secure correctional facility is subject only to
355.206 of this title and exempt from the rest of this chapter if:
(1) the facility is licensed by another state governmental
entity; and
(2) the facility's governing board has determined the facil-
ity will operate solely under the license of the other state governmental
entity.
355.202. Waiver or Variance.
Unless expressly prohibited by another standard, an application for
waiver or variance of any standard in this chapter may be submitted
in accordance with 349.200 of this title.
355.204. Authority to Operate Non-Secure Correctional Facility.
Pursuant to Texas Family Code 51.126, a non-secure correctional fa-
cility may only be operated by:
(1) a governmental unit in this State; or
(2) a private entity under a contract with a governmental
unit in this State.
355.206. Certification and Registration of Facility.
Before admitting residents, the juvenile board in the county or district
where a non-secure correctional facility is located shall ensure:
(1) the facility is certified in compliance with 51.126 of
the Texas Family Code;
(2) the number of beds is designated in the facility certifi-cation;
(3) the facility is registered with TJJD in compliance with
51.126 of the Texas Family Code; and
(4) the current facility certification and TJJD's facility reg-
istration are posted within a public area of the facility.
355.210. Acceptance of Residents.
(a) A non-secure correctional facility that is not licensed by
another state agency may only accept and admit a child, as that term
is defined in 51.02(2) of the Texas Family Code, who is under the
jurisdiction of the juvenile court.
(b) In addition to children admitted under subsection (a) of this
section, a non-secure correctional facility that is licensed by another
state agency may accept and admit children as permitted by the facil-
ity's license.
355.220. Facility Governing Board.
Each facility shall have a governing board.
,355.226. Location and Operations.
(a) Co-located Facilities.
(1) If the facility is located in the same building or on the
grounds of any type of adult corrections facility, it shall be a separate,
self-contained unit.PROPOSED RULES August 16, 2013 38 TexReg 5233
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Texas. Secretary of State. Texas Register, Volume 38, Number 33, Pages 5135-5370, August 16, 2013, periodical, August 16, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342087/m1/99/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.