WHBRBAS, the Legislature of the State of Texas has heretofore enacted Senate Bill 939, Chapter 260, Acts of the 70th Legislature, Regular session, 1987, to provide for registration of all-terrain vehicles and a class C Misdemeanor penalty for noncompliance; certification of allItrrain vehicle operators: administration and funding of an all-terrain vehicle operator education and certification program: employment of an all.terrain vehicle safety coordinator; and other regulations regarding all-terrain vehicles; and, WHEREAS, the Governor is required by Senate Bill 939 to designate a division of the Governor's staff or State agency to establish and administer an all-terrain vehicle operator education and certifi~ation program, the purpose of this program being to make available to the operators of all-terrain vehicles in this State courses in basic training and safety skills relating to the operation of all-terrain vehicles and to issue safety certificates to operators who successfully complete the education program or pass a test established under the program: NOW, THEREFORE, I, William P. Clements, Jr., Governor of Texas,under the autority vested in me by Senate Bill 939, do hereby designate me Texas Parks and Wildlife Department to administer the all-terrain vehicle operator and certification program in accordance with the provisions of Senate Bill 939, Chapter 260. Acts of the 70th Legislature. Regular Session, 1987, effective January I, 1988. ')'his executive order shall be effective immediately and shall remain in full force and effect until modified, amended, or rescinded by me. Issued in Austin, Texas on January 12, 1988. TRD-8800843 William P. Clements, Jr. Governor of Texas Executive Order • • • WPC 88-2 WHEREAS, the inmate population of the Texas Department of Corrections has "hardened" at an unforeseen rate; and WHBREAS, this "hardening" is the result of the following events: The implementation of the Prison Management Act on six occassions during 1987, two of which occurred after the adjournment of the 70th Legislature; and The accelerated review of Senate Bill 215 parole eligible inmates by the Board of Pardons and Paroles, to off set the growing numbers of criminal defendants convicted and sentenced to the Department of Corrections, which occurred in major part after the adjournment of the 70th Legislature; and The overcrowding in the county jails occurring as a consequence of the enforcement of the Jail Standards Act, as well as the capacity cap imposed on the Department of Corrections as a result of agreed order in the Ruiz case, has resulted in the counties addressing their mixing needs by transferring the more serious or violent offender to the Department of Corrections. This circumstance occurred after the adjournment of the 70th Legislature; and WHEREAS, The curTent facilities of the Department have reached a saturation level for handling the administratively segregated and close confmement inmate. This occurred principally as a result of the "hardening" of the population, but also as a result of the beds lost to depopulation pursuant to the agreed order in Ruiz, both of which occurred after the adjournment of the 70th Legislature; WHEREAS, the effects of the "hardening" of the population of the Department of Corrections constitutes an emergency and will continue to pose emergency overcrowding problems to the Department of Corrections separate and apart from the increasing numbers of inmates, due to the mixing requirements of Ruiz; and WHEREAS, the effects of the "hardening" of the population can be ameliorated by the immediate construction of a second Michael type unit, NOW THEREFORE, I, WILLIAM P. CLEMENTS, JR., Governor of Texas, under the authority vested in me by the Constitution and by rider 5 of the Texas Department of Corrections appropriations as set forth in Senate Bill I of the 70th Legislature, Second Called Session, and based upon the testimony given before an emergency meeting of the Texas Board of Corrections on January 26, 1988, do hereby make a finding of fact that an unforeseen emergency exists, and I hereby authorize the specific expenditure of $61,300,000.00 for the construction of a second Michael type unit to be included as a project under item 10. ADDmONAL CAPACITY of the Texas Department of Corrections appropriations. This Executive Order shall be effective immediately and shall remain in full force and effect until modified, amended, or rescinded by me. Issued in Austin, Texas on January 26, 1988. TRD·8800847 William P. Clements, Jr. Governor of Texas Executive Order • • • WPc 88-3 WHEREAS, the children and youth of Texas are one of our greatest resources upon which the future of this great state is dependent; and -----------_._------=---=------:-----_._--------• The Governor February 5, 1988 13 TexReg 575