Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,014
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(2) The Administrator may terminate the participation of
an Employer if the Employer fails to comply with the rules established
by the Board for the administration of the Arrangement as from time
to time amended or modified, or fails to perform in accordance with
the adoption agreement. The determination of an Employer's failure
to comply and subsequent involuntary termination of participation is
within the sole discretion and authority of the Administrator. The Ad-
ministrator's decision is final, conclusive and binding unless timely
appealed directly to the Board in accordance with 113.3(d) of this
chapter.
(c) Participants. If an Employer's participation in the Ar-
rangement is voluntarily or involuntarily terminated, then any person
who is a Benefit Recipient with respect to that Employer and who is
a Participant in the Arrangement shall immediately cease such partici-
pation and shall be entitled to no benefits under this Arrangement and
no benefits shall be paid or due to such Participant on or after the date
of such termination. On the termination of an Employer in the Ar-
rangement, the Employer shall have sole and complete responsibility
and liability for paying any benefits that would otherwise be payable
under the Arrangement with respect to its Participants, and the System
and all other participating Employers shall have no responsibility or
liability for any such benefits.
113.6. General Provisions.
(a) Applicable Law.
(1) All questions pertaining to the validity, construction
and administration of the Arrangement shall be determined in confor-
mity with the laws of the State of Texas, except to the extent federal
law preempts state law.
(2) If any provision of the Arrangement or the application
thereof to any circumstance or person is invalid, the remainder of the
Arrangement and the application of such provision to other circum-
stances or persons shall not be affected thereby.
(b) Indemnification. By participating in the Arrangement, an
Employer agrees to indemnify, defend, and hold harmless the System,
the employees of the System, the Board, and all other Employers par-
ticipating in the Arrangement from and against any and all direct or
indirect liabilities, demands, claims, losses, costs and expenses, in-
cluding reasonable attorney's fees, arising out of or resulting from the
Employer's participation in the Arrangement and/or the Employer's
voluntary or involuntary termination of participation in the Arrange-
ment. The agreement of the Employer to indemnify, defend and hold
harmless survives the termination of the Employer's participation in
the Arrangement and the termination of the Arrangement.
(c) Nonalienation. Benefits under this Arrangement shall not
be subject to alienation or legal process, except to the extent permitted
under Government Code, Chapter 804.
(d) No Enlargement of Employment Rights. The establish-
ment of the Arrangement shall not confer any legal rights upon any
employee or other person for a continuation of employment, nor shall
it interfere with the rights of the Employer to discharge any employee
and to treat the employee without regard to the effect which that treat-
ment might have upon the employee as a Participant in the Arrange-
ment.
(e) Information Required by Arrangement. Benefit Recipi-
ents, other individuals and Employers shall furnish to the Administra-
tor such evidence, data and information as the Administrator considers
necessary or desirable for the purpose of administering the Arrange-
ment.(f) Paying Benefits, Costs and Expenses from TCDRS Assets
is Prohibited. No assets of the System shall be used directly or indi-
rectly to pay benefits under the Arrangement or to pay any costs or
expenses of administering the Arrangement. Expenses of administer-
ing the Arrangement may include expenses for professional, legal, ac-
counting, and other services, and other necessary or appropriate costs
of administration.
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 October 17,
2005.
TRD-200504637
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Proposed date of adoption: December 1, 2005
For further information, please call: (512) 637-3230
TITLE 37. PUBLIC SAFETY AND CORREC-
TIONS
PART 3. TEXAS YOUTH COMMISSION
CHAPTER 85. ADMISSION, PLACEMENT,
AND PROGRAM COMPLETION
The Texas Youth Commission (the commission) proposes an
amendment to 85.5, concerning Assessment/Evaluation. The
amendment to the section will limit automatic psychiatric refer-
rals of youth at Marlin Orientation and Assessment Unit to those
who are admitted while currently prescribed psychotropic medi-
cation or have been prescribed such medication within the past
six months, rather than the past year.
The commission proposes an amendment to 85.51, concern-
ing Definitions. The amendment to the section clarifies certain
definitions that pertain to rules in subchapter D of this chapter.
The commission proposes the repeal of 85.55, 85.59, 85.61,
85.65, 85.69, and 85.95 concerning program completion, parole
placement and discharge. The repeal of these rules will allow for
significantly revised rules to be published in their place.
The commission simultaneously proposes new 85.55, 85.59,
85.61, 85.65, 85.69, and 85.95. The new sections are necessary
in order to better organize information relating to program com-
pletion by offender type and age and placement upon release,
transfer and discharge.
The new sections are also proposed in order to revise existing
agency rules relating to the procedures and eligibility criteria for
program completion and discharge. Specifically, new 85.55,
85.59, and 85.61 will allow the 120-day deadline for release fol-
lowing the exit interview to be extended by 30 days when a youth
is placed on remediation in specific phase objectives or demoted
to the next lower phase after the exit interview. Such extension
allows the youth to regain eligibility for release to a community
placement or transfer to adult parole. If the youth does not re-
gain eligibility for release or transfer, the youth will lose release
or transfer eligibility until such time as the youth meets program
completion criteria.30 TexReg 7014 October 28, 2005 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/41/?q=%22%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.