Texas Register, Volume 14, Number 58, Pages 3953-4016, August 11, 1989 Page: 3,979
3953-4016 p. ; 28 cm.View a full description of this periodical.
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5129.12. Payments to AltenWadve Payees.
(a) In the event that the particl-
pant terminates membership In the sys-
tem and applies for a refund of the
participant's accumulated deposits and
Interest, the system will make a lump-
sum payment to the alternate payee If the
domestic relations order so provides and
the order has been determined to be a
qualified domestic relations order.
(b) In the event that the partici-
pant (or the participant's designated ben-
eficikary or estate) begins receiving an
annuity after the date that a qualified
domestic relations order is received by
the system, and the order provides for a
division of the annuity in that event, the
payment to the alternate payee will be a
monthly allowance payable during the
lifetime of the alternate payee, which
payment is the acturial equivalent of the
portion of the participant's benefit that
was awarded to the alternate payee un-
der the domestic relations order.
(c) Subsection (b) of this section
will apply to all domestic relations orders
approved in accordance with this chapter
after September 9, 1989, and to such
domestic relations orders approved prior
to that date as are construed to provide
for such an annuity.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt
Issued in Austin, Texas on August 4, 1989.
TRD-8907024 Jimmie L. Mormon
Director
Texas Municipal
Retirement System
Earliest possible date of adoption: September
11, 1989
For further information, please call: (512)
476-7577
TITLE 37. PUBLIC
SAFETY AND
CORRECTIONS
Part X. Texas Adult,
Probation Commission
Chapter 323. Fund Distribution
e 37 TAC 323.5
The Texas Adult Probation Commission pro-
poses new 323.5, conceming discetionary
grants. The section provides direction to local
jurisdictions in areas of grant allocations and
use of funds.
Edmond J. Peterson, director of fiscal ser-
vices, 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 admin-
istering the section.lMr. Peterson 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 that it
will provide additional funds to local jurisdic-
tions to assist in overcrowding of local jails.
There is no anticipated economic cost to indi-
viduals who are required to comply with the
sections as proposed.
Comments on the proposal may be submitted
to Virginia Grote, Texas Adult Probation
Commission, 8100 Cameron Road, Suite
600, Building B, Austin, Texas, 78753.
The new section is proposed under the Texas
Code of Criminal Procedure, Article 42.121,
3.01, which provides the Texas Adult Proba-
tion Commission with the authority to promul-
gate reasonable rules.
3235. Discretionary Grants.
(a) Purpose. The purpose of discre-
tionary grants is to provide state aid to
jurisdictions to increase their involvement
and responsibility in the establishment, ex-
pansion, and improvement of community
based correctional programs for felony and
misdemeanor offenders.
(b) Eligibility. Judicial district adult
probation departments, counties, and mu-
nicipalities are eligible to submit applica-
tions to the Community Justice Assistance
Division for discretionary grants. Jurisdic-
tions from which fewer persons are sen-
tenced to the institutional division of the
Texas Department of Criminal Justice than
permitted by the allocation formula will
receive preference in consideration for grant
awards as they would be demonstrating
their reduction on the reliance of incarcera-
tion as a correctional option.
(c) Review and comment. All ap-
plications submitted to the division must be
consistent with the community justice plan,
if an approved plan exists. All applications
are to be accompanied by written review
and comment by the district judges, or the
administrative district judge, and the judges
of the statutory county courts trying crimi-
nal cases if the proposed program is to
provide services or supervision for misde-
meanor, offenders. The comments are to
include a recommendation for funding and
a statement as to the impact of this program
on sentencing.
(d) Programs. Programs funded
through discretionary grants may include
but not be limited to:
(1) community service restitu-
tion programs and restitution to victim pro-
grams;
(2) contract services for felony
probationers;
(3) controlled substances testing
programs;
(4) presentence investigation
services which include proposed client su-
pervision plans describing programs and
sanctions that the probation departmentwould provide the defendant if the defen-
dant were granted probation;
(5) pretrial intervention services;
(6) programs addressing unique
problems such as family violence and the
mentally retarded, developmentally dis-
abled, and mentally ill offenders;
(7) programs designed to in-
crease the literacy of probationers or per-
sons receiving pretrial intervention services;
(8) research projects to evaluate
the effectiveness of community corrections
programs, if the research is conducted in
cooperation with the Criminal Justice Pol-
icy Council;
(9) residential services for mis-
demeanor probationers who exhibit levels
of risk or needs indicating a need for con-
finement and treatment;
(10) surveillance probation pro-
grams;
(11) treatment alternatives to
street crime (TASC);
(12) work probation programs;.
and
(13) other purposes identified by
the jurisdiction as necessary, determined ap-
propriate by the division, and approved by
the board.
(e) Application procedure. Applica-
tion forms are available from the director of
program services of the Community Justice
Assistance Division. Three copies of the
completed application are to be submitted
to the division at least two months prior, to
the board meeting at which the application
is to be considered.
(f) Application content. The appli-
cation content should assist the grantee in
the management of the program. At a mini-
mum goals and measurable objectives
should be enumerated, budget detail pres-
ented, and an evaluation process described.
Documentation is to be included demon-
strating that the grant funds are not sup-
planting funds which currently support the
proposed program. Documentation is also to
be provided indicating how the program
will be funded in subsequent years given
that discretionary grants are for only one
year and that all programs, either new or
continued, must compete yearly for the
funds.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt
Issued in Austin, Texas on August 1, 1989.
TRD-8906896 Edmond J. Peters
Director of Fiscal Services
Texas Adult Probation
Commission
Earliest possible date of adoption: September
11, 1989* Proposed Sections August 11, 1989 14 TexReg 3979
* Proposed Sections
August 11, 1989 14 TexReg 3979
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Texas. Secretary of State. Texas Register, Volume 14, Number 58, Pages 3953-4016, August 11, 1989, periodical, August 11, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth216047/m1/28/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.