Texas Register, Volume 2, Number 12, Pages 507-562, February 11, 1977 Page: 527
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527
Texas Department of
Mental Health and Mental
Retardation
Other Agencies and the Public
Use of Departmental Facilities by Public
Employee Organizations 302.03.17
The Texas Department of Mental Health and Mental
Retardation is proposing to adopt Rules
302.03.17.001-.009, which would govern the use of
departmental facilities by public employee organiza-
tions.
The proposed rules would establish uniform procedures
to be followed whenever a public employee organization
desires to use buildings, structures, and grounds of
departmental facilities during non-duty hours. The
effect of the rules would be the establishment of defini-
tive procedures to be followed hy public employee
organizations when they desire to use departmental
facilities.
Public comment on proposed Rules 302.03.17.001-.009
is invited. Comments may be submitted in writing to
Kenneth D. Gaver, M.D., Commissioner, Texas Depart-
ment of Mental Health and Mental Retardation, P.O.
Box 12668, Capitol Station, Austin, Texas 78711.
Rules 302.03.17.001-.009 are proposed under the
authority of Article 5547-202, Section 2.11(b), Texas
Civil Statutes.
.001. Purpose. The purpose of these rules is to
prescribe uniform procedures to be followed in making
buildings, structures, and grounds of department
facilities available to public employee organizations
during non-duty hours.
.002. Application. These rules apply to all facilities
of the Texas Department of Mental Health and Mental
Retardation.
x*,.003. Definitions. As used in these rules,
(a) "Department" means the Texas Department
of Mental Health and Mental Retardation.
(b) "Commissioner" means the Commissioner of
the Texas Department of Mental Health and Mental
Retardation.
(c) "Facility" means an institution or physical
plant under the control and management of the depart-
ment. The term includes the central office of the
department.
(d) "Public employee organization" means an
organization of public employees acting as a represen-
tative of such employees to present grievances concern-
ing wages, hours of work, or conditions of work, which
organization does not claim the right to strike..004. Advance Approval Required for Meetings; In-
formation Required to Be in the Request for Permission to
Use Departmental Facilities.
(a) Public employee organizations which repre-
sent employees of the department may hold meetings in
departmental facilities during non-duty hours upon ob-
taining advance approval.
(b) A written request for permission to use the
facilities for meeting purposes must be made to the
superintendent or director of the facility or to the com-
missioner, in the case of central office. This request
must contain the following information:
(1) name of public employee organization;
(2) address of principal office of the organiza-
tion;
(3) number of facility or central office
employees who are members of the organization;
(4) names, addresses and titles of the organiza-
tion's principal officers;
(5) schedule of proposed meetings;
(6) statement that the organization agrees to
abide by all rules and regulations established by the
superintendent, director, or commissioner with regard
to the use of the facility and that its meetings will in no
way interfere with or disrupt the delivery of services to
the mentally ill and mentally retarded;
(7) statement that the organization agrees to
leave the facility in the same condition as it was
delivered and to assume responsibility for any damage
which might occur to the facility; and
(8) copy of the organization's constitution and
by-laws or those of the local chapter of such organiza-
tion.
.005. Duration of Permission Granted for Use of
Departmental Facilities. Permission granted pursuant
to such a request will continue until revoked by the
superintendent, director, or commissioner. The public
employee organization will immediately notify the
superintendent, director, or commissioner of any
change in the information stated in its written request
for permission to use the facilities for meeting purposes.
.006. Equality of Treatment Among All Public
Employee Organizations. Should permission for use of
departmental facilites be granted to any one public
employee organization which represents employees of
the Texas Department of Mental Health and Mental
Retardation, then such permission cannot arbitrarily
be withheld from other such organizations. The cri
teria used by the superintendent, director, or commis-
sioner in granting approval for use of departmental
facilities must be applied equally to all public employee
organizations.
.007. Statutory Reference. Reference is made to Ar-
ticle 5154c, Vernon's Annotated Civil Statutes.Voluni' 2. Nmnher 12. Febhrrv 11. 1977
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Texas. Secretary of State. Texas Register, Volume 2, Number 12, Pages 507-562, February 11, 1977, periodical, February 11, 1977; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252905/m1/21/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.