Texas Register, Volume 28, Number 50, Pages 11055-11168, December 12, 2003 Page: 11,099
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No comments were received regarding adoption of the amend-
ments and new section.
The amendments and new section are adopted under the Hu-
man Resources Code, 61.034, which provides the Texas Youth
Commission with the authority to establish rules appropriate to
the proper accomplishment of its functions.
The adopted amendments and new section implement the Hu-
man Resource Code, 61.034.
81.31. Weapons and Concealed Handguns.
(a) Purpose. The purpose of this rule is to ensure that with
regard to weapons and concealed handguns, the Texas Youth Commis-
sion (TYC) provides for the safety and security of its staff, youth, and
the public.
(b) Possession of weapons, as defined in 46.01, Texas Penal
Code, is prohibited on the premises of buildings, offices, facilities, or
programs operated by or under contract with TYC except:
(1) as specifically authorized by the executive director;
(2) when carried by a law enforcement officer who is re-
sponding to a call by TYC in an emergency situation; or
(3) as provided in subsection (c) of this policy.
(c) Possession of a concealed handgun, as authorized under
Subchapter H, Chapter 411, Government Code, is authorized on the
premises of all buildings, offices, facilities, or programs operated by or
under contract with TYC except:
(1) on the premises of residential facilities or programs op-
erated by or under contract with TYC at which education is provided
to youth; and
(2) by TYC employees, volunteers, and contractors.
81.41. Confidentiality.
(a) Purpose. The purpose of this rule is to provide confiden-
tiality requirements to all employees, agents, consultants, volunteers,
and other persons associated with the Texas Youth Commission (TYC).
(b) Applicability.
(1) See (GAP) 99.1 of this title (relating to Confidentiality
of Youth Alcohol and Drug Abuse).
(2) See related (GAP) 81.37 of this title (relating to Public
and Media).
(c) Employees, agents, consultants, volunteers, and any other
persons associated with TYC shall not release or divulge confidential
information about TYC youth except as required or permitted by law.
(d) Employees, agents, consultants, volunteers, and any other
persons associated with TYC shall not release or divulge confidential
information from personnel or other files except as required or permit-
ted by law.
(e) Individual youth must not be discussed with persons who
are not otherwise authorized unless those persons show written consent
from the youth's committing judge. See (GAP) 99.9 of this title (re-
lating to Access to Youth Information and Records).
(f) Identifying pictures, appearances, films or reports of youth
shall not be used without written consent of a youth and, if under age 18,
of his/her parents, guardian, or managing conservator. Refer to (GAP)
81.37 of this title (relating to Public and Media), and the Publicity
Release form, CCF-025.(g) Only initials or a case number may be used when referring
to a youth in materials that are a matter of public information (e.g., ap-
peals decision, statistical information, board meeting minutes) except
for purchase voucher invoices that include youth names.
(h) TYC volunteers, consultants, and others permitted access
to confidential information or records shall sign the Confidentiality
Agreement for Non-TYC Employees form, LS-001 with TYC agreeing
not to disclose or divulge, unless required or permitted to do so by law,
confidential information or records. The Confidentiality Agreements
shall be maintained by the appropriate TYC facility.
(i) An e-mail address of a member of the public that is pro-
vided for the purpose of communicating electronically with TYC is,
with a few exceptions, confidential and not subject to disclosure unless
the member of the public affirmatively consents to its release. Release
to another governmental body or a federal agency may be made with-
out consent. Also, disclosure of an e-mail address may be made if it is:
(1) provided to TYC by a person who has a contractual re-
lationship with TYC or by the contractor's agent;
(2) provided to TYC by a vendor who seeks to contract with
TYC or by the vendor's agent;
(3) contained in a response to a request for bids or propos-
als, contained in a response to similar invitations soliciting offers or
information relating to a potential contract, or provided to TYC in the
course of negotiating the terms or a contract or potential contract; or
(4) provided to TYC on a letterhead, coversheet, printed
document, or other document made available to the public.
(j) The confidentiality of alcohol and drug abuse records main-
tained by TYC is protected by federal law and regulations. Restric-
tions on disclosure apply to any information regarding alcohol and drug
abuse, whether or not recorded.
(k) Youth educational records are also subject to federal laws
and regulations on confidentiality.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on November 24,
2003.
TRD-200308084
Neil Nichols
Acting Executive Director
Texas Youth Commission
Effective date: December 14, 2003
Proposal publication date: October 24, 2003
For further information, please call: (512) 424-6301
CHAPTER 85. ADMISSION AND
PLACEMENT
SUBCHAPTER A. COMMITMENT AND
RECEPTION
37 TAC 85.3
The Texas Youth Commission (TYC) adopts an amendment to
85.3, concerning Admission Process, without changes to theADOPTED RULES December 12, 2003 28 TexReg 11099
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Texas. Secretary of State. Texas Register, Volume 28, Number 50, Pages 11055-11168, December 12, 2003, periodical, December 12, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101081/m1/43/?q=%22laws%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.