(a) Purpose. The purpose of this rule is to establish
response rules and guidelines, which may be taken by staff as necessary
in order to control a riot condition at a Texas Youth Commission (TYC)
operated or contracted facility.
(b) Applicability.
  (1) This policy shall apply only in the event that
the facility administrator of a TYC operated or a contract facility
declares that a riot exists.
  (2) See §97.23 of this title (relating to Physical
Restraint).
(c) Explanation of Terms Used. Riot--a situation in
which three or more persons at a contract program or TYC operated
facility intentionally participate in conduct that threatens imminent
harm to persons or property and substantially obstructs the performance
of facility operations or a program therein.
(d) Only the facility administrator or staff having
authority to act as the facility administrator may declare that a
particular situation is a riot, consistent with the definition of
a riot. Staff action beyond actions described in other official rules
may be taken only following the facility administrator's or acting
facility administrator's declaration that a riot condition exists.

(e) The staff will take the steps reasonably necessary
to regain control and terminate a riot occurring on a facility campus
with as few injuries as possible.
(f) Physical Restraint.
  (1) Physical restraint may be used in accordance with
§97.23 of this title.
  (2) Oleoresin Capsicum (OC), also known as pepper spray,
may be used in a riot and other situations consistent with §97.23
of this title.
  (3) Plastic restraints may be used at any TYC institution
if necessary to control youth during a riot when a sufficient number
of metal cuffs are not readily available.
  (4) The Special Tactics and Response (STAR) team may
be deployed to respond to emergencies at the discretion of the facility
administrator and/or his/her designee. The STAR team is composed of
20-25 staff who are trained and highly specialized to respond to various
emergencies including riots and disturbances, and who may also provide
additional support during facility escapes.
(g) Response to Riots. The status of the emergency
shall be described in terms of the following categories and continually
upgraded or downgraded as appropriate.
  (1) Category 1. The incident can be controlled and
contained by on-duty personnel.
  (2) Category 2. The incident cannot be controlled and
contained by on-duty personnel, requiring the assistance of off-duty
personnel.
  (3) Category 3. The incident cannot be controlled and
contained by institutional staff, requiring the assistance of intra-agency
personnel, local law enforcement, and/or fire fighting units.
  (4) Category 4. The incident cannot be controlled and
contained by institutional, intra-agency and local mutual aid personnel
and requires the assistance of state law enforcement and/or military
units.
(h) Approved Riot Equipment and Gear. Staff may act
using only equipment approved for use during a riot and only following
training in the appropriate procedures and use of such equipment.
Approved for use during a riot:
  (1) Chemical agent forms are:
    (A) canisters of chemical agent OC
    (B) cartridges of chemical agent OC
    (C) pepper fog formulation for the pepper fogger (OC)

  (2) Delivery systems are:
    (A) 37 mm gas gun
    (B) Pepper Fogger
  (3) Protective equipment including, but not limited
to:
    (A) protective helmet
    (B) protective vest
    (C) protective Plexiglas shield
    (D) protective elbow pads
    (E) protective knee pads


Source Note: The provisions of this §380.9727 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective June 21, 1999, 24 TexReg 4470; amended to be effective December 16, 1999, 24 TexReg 10373; amended to be effective September 25, 2000, 25 TexReg 9227; amended to be effective June 16, 2005, 30 TexReg 3433; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639