HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY
CHAPTER 101. TEXAS DEPARTMENT ON AGING
SUBCHAPTER A. ADMINISTRATIVE PROVISIONS
§ 101.001. DEPARTMENT AND BOARD ON AGING. (a) The
Texas Department on Aging is created.
(b) The Texas Board on Aging is created as the governing
body of the Texas Department on Aging. The board is composed of
nine members appointed by the governor with the advice and consent
of the senate. Appointments to the board shall be made without
regard to the race, color, handicap, sex, religion, age, or
national origin of the appointees. To be eligible for appointment
to the board, a person must have demonstrated an interest in and
knowledge of the problems of aging and must be a member of the
general public. The members must include the following:
(1) an expert in gerontology;
(2) a medical professional;
(3) a consumer advocate; and
(4) three members of the general public.
(c) A person is not eligible for appointment as a public
member if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving funds from the department;
(2) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the department;
or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department.
(d) Members of the board serve for staggered terms of six
years with the terms of three members expiring on February 1 of each
odd-numbered year. A member may be reappointed to the board.
(e) Members of the board may receive the compensatory per
diem authorized by the General Appropriations Act for each day
spent engaged in the performance of their official duties. Board
members are entitled to reimbursement for actual travel expenses
incurred in the performance of their duties.
(f) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
department.
Acts 1979, 66th Leg., p. 2415, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch. 2, § 1,
eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1505, §
1.07, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1505, §
2.02, eff. Sept. 1, 2005.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.0011. REMOVAL OF BOARD MEMBERS. (a) It is a
ground for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 101.001(b);
(2) does not maintain during service on the board the
qualifications required by Section 101.001(b);
(3) is ineligible for membership under Section
101.0031;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 1505, § 1.08, eff.
Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.0012. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
person who is appointed to and qualifies for office as a member of
the board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department and
the board;
(2) the federal Older Americans Act of 1965 (42 U.S.C.
Section 3001 et seq.) and its subsequent amendments;
(3) the programs operated by the department;
(4) the role and functions of the department;
(5) the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(6) the current budget for the department;
(7) the results of the most recent formal audit of the
department;
(8) a history of funding sources for long-term care
services;
(9) the independent living philosophy;
(10) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(11) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) In this section, "independent living philosophy" means
control over one's life based on the choice of acceptable options
that minimize reliance on others in making a decision or in
performing everyday activities. The term includes:
(1) managing one's affairs;
(2) participating in day-to-day life in the community;
(3) fulfilling a range of social roles; and
(4) making decisions that lead to self-determination and
the minimization of physical and psychological dependence upon
others.
Added by Acts 1999, 76th Leg., ch. 1505, § 1.09, eff. Sept. 1,
1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.002. SUNSET PROVISION. The Texas Department on
Aging is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the department is abolished and this chapter expires September 1,
2006.
Acts 1979, 66th Leg., p. 2415, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 479, § 214, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.12,
eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1505, § 1.10, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 592, § 1, 2, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.003. PRESIDING OFFICER. (a) The governor shall
designate a presiding officer of the board from among the members.
(b) A member holds the position of presiding officer at the
pleasure of the governor.
Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 1505, § 1.11, eff.
Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND
EMPLOYMENT. (a) In this section, "Texas trade association" means
a cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be a
department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of aging; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of aging.
(c) A person may not be a member of the board or act as the
general counsel to the board or the department if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the department.
Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(18), eff.
Sept. 1, 1987; Acts 1999, 76th Leg., ch. 1505, § 1.12, eff.
Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.004. EXECUTIVE DIRECTOR OF AGING; OTHER
PERSONNEL. (a) The commissioner of health and human services
shall employ an executive director of aging in accordance with
Section 531.0056, Government Code. The executive director shall
discharge all executive and administrative functions of the
department. The executive director must be a person with executive
ability and experience in the area of aging.
(b) Salaries and other office expenses are paid with funds
appropriated to the department for those purposes.
(c) The department may accept services performed by other
agencies to accomplish the purposes of this chapter.
Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1995, 74th Leg., ch. 76, § 8.145, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1460, § 2.12, eff.
Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.005. CITIZENS ADVISORY COUNCIL. (a) The
Citizens Advisory Council is composed of one member appointed by
the board from each designated area agency on aging. Each council
member must also be a member of the local advisory council advising
the area agency. Council members are entitled to the compensatory
per diem authorized by the General Appropriations Act for each day
spent engaged in the performance of their duties as directed by the
board and are entitled to the same travel allowance authorized by
the General Appropriations Act for state employees.
(b) The council shall work under the board's direction. The
council shall inform policymakers and administrators at the state
level of local needs and concerns relating to the aged.
(c) The council shall meet at least quarterly and may hold
other meetings called by the chairman of the board.
(d) Council members serve for staggered terms of three years
with the terms of one-third of the membership expiring on January 31
of each year.
Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2,
eff. Sept. 1, 1985.
§ 101.006. DIVISIONS OF THE DEPARTMENT. (a) The
executive director may establish divisions within the department
that he considers necessary for effective administration and the
discharge of the department's functions.
(b) The executive director may allocate and reallocate
functions among the divisions.
Added by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1, eff. Sept.
1, 1981. Amended by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2,
eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.0061. PERSONNEL MATTERS. (a) The executive
director may employ personnel necessary for the administration of
the department's duties.
(b) The executive director or the executive director's
designee shall develop an intradepartmental career ladder program,
one part of which shall require the intradepartmental posting of
all nonentry level positions concurrently with any public posting.
(c) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for department
employees must be based on the system established under this
subsection.
(d) The executive director or the executive director's
designee shall provide to members of the board and to the agency
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
(e) The board shall develop and implement policies that
clearly separate the respective responsibilities of the board and
the executive director.
(f) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment opportunity
whereby all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel;
(2) a comprehensive analysis of the agency work force
that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the agency work force of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address areas
of significant underuse in the agency work force of all persons for
whom federal or state guidelines encourage a more equitable
balance.
Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2, eff. Sept. 1,
1985. Amended by Acts 1995, 74th Leg., ch. 693, § 9, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 1505, § 1.13, eff. Sept. 1,
1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.007. MERIT SYSTEM. The department may establish a
merit system for its employees. The merit system may be maintained
in conjunction with other state agencies that are required by
federal law to operate under a merit system.
Added by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1, eff. Sept.
1, 1981.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.008. FINANCES. (a) The executive director shall
prepare and submit to the board for approval a biennial budget and
request for an appropriation by the legislature of funds necessary
to carry out the duties of the department. The budget and request
must include an estimate of all federal funds to be allocated to the
state for the department's purposes.
(b) The board shall submit the budget and request to the
Legislative Budget Board and the governor in the manner prescribed
by law.
(c) The board shall file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the board during the preceding year. The form of the
annual report and the reporting time shall be that provided in the
General Appropriations Act. The report must include information
concerning the amount of matching funds required for federal grants
to local retired senior volunteer programs.
(d) The financial transactions of the board are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code.
Added by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1, eff. Sept.
1, 1981. Amended by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, § 23, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 693, § 10, eff. Sept. 1,
1995.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
SUBCHAPTER B. POWERS AND DUTIES OF BOARD
§ 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and executive
director as provided by Section 531.0055, Government Code. To the
extent a power or duty given to the board or executive director by
this chapter or another law conflicts with Section 531.0055,
Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.13, eff. Sept. 1,
1999.
§ 101.021. RULES. (a) The board shall adopt rules
governing the functions of the department, including rules that
prescribe the policies and procedures followed by the board and the
department in the administration of any local services programs,
employment programs for the aged, volunteer programs for the aged,
or other programs.
(b) The board by rule or order may delegate its rights,
powers, and duties to the executive director.
Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2,
eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.022. GENERAL FUNCTIONS OF DEPARTMENT. (a) The
department shall provide expertise and advice to state agencies and
the legislature and other elected officials on aging issues,
including recommendations to meet the needs of this state's elderly
population.
(b) The department shall develop and strengthen the
services available for the aged in the state by coordinating
services provided by governmental and private agencies and
facilities.
(c) The department shall extend and expand services for the
aged by coordinating the interest and efforts of local communities
in studying the problems of the aged citizens of this state.
(d) The department shall encourage, promote, and aid in the
establishment of area agencies on aging for the development of
programs and services on a local level that improve the living
conditions of the aged by enabling them to more fully enjoy and
participate in family and community life.
(e) The department shall sponsor voluntary community
rehabilitation and recreational facilities to improve the general
welfare of the aged.
(f) The department, through the executive director of
aging, shall cooperate with state and federal agencies and other
organizations in conducting studies and surveys on the special
problems of the aged in matters such as mental and physical health,
housing, family relationships, employment, income, vocational
rehabilitation, recreation, transportation, insurance, legal
rights, and education. The department shall make appropriate
reports and recommendations to the governor and to state and
federal agencies.
(g) The department shall conduct research and long-range
planning regarding long-term care, community care, and other issues
that affect elderly individuals.
(h) The department shall make recommendations to the
governor, the legislature, and state agencies regarding:
(1) opportunities to coordinate programs for elderly
individuals;
(2) unnecessary duplication in providing services to
elderly individuals; and
(3) gaps in services to elderly individuals.
(i) The department shall cooperate with the Texas
Department of Housing and Community Affairs to provide affordable
housing for elderly individuals and for families in which an
elderly individual is head of the household and shall:
(1) assess the need for housing for elderly
individuals and for families in which an elderly individual is head
of the household in different localities;
(2) set standards relating to the design and
construction of housing for elderly individuals;
(3) provide planning assistance to builders; and
(4) publicize the availability of the housing program
to potential developers and residents.
Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 650, § 7, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 762, § 11, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 693, § 23(1), eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1505, § 1.14, eff. Sept. 1,
1999.
§ 101.0221. PUBLIC INTEREST INFORMATION;
COMPLAINTS. (a) The board shall prepare information of public
interest describing the functions of the board and describing the
board's procedures by which complaints are filed with and resolved
by the board. The board shall make the information available to the
general public and appropriate state agencies.
(b) The board shall adopt rules establishing methods by
which consumers and service recipients can be notified of the name,
mailing address, and telephone number of the board for the purpose
of directing complaints to the board. The board may provide for the
notification through inclusion of the information:
(1) on each registration form, application, or written
contract relating to participation in a program that is funded in
any part by money derived from the department;
(2) on a sign that is prominently displayed in the
place of business of each person or entity engaging in a program
that is funded in any part by money derived from the department; or
(3) in a bill for service provided by a person or
entity engaging in a program that is funded in any part by money
derived from the department.
Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2, eff. Sept. 1,
1985.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.023. COMMUNITY SENIOR CITIZENS EMPLOYMENT
PROGRAMS. (a) In this section, "suitable employment" means
employment which is commensurate with the individual's skills and
ability and for which compensation is paid equal to the federal
minimum wage rate.
(b) The Texas Workforce Commission may establish and
administer a community program for persons 55 years of age or older
who lack suitable employment and have family incomes under federal
poverty guidelines.
(c) The Texas Workforce Commission may contract with a
public agency or a private, nonprofit organization with experience
in managing similar programs to employ persons under this program
in providing recreation, beautification, conservation, or
restoration services, or public service employment positions for
state, county, city, or regional governments or school districts.
The Texas Workforce Commission may not contract with an
organization that is not a subscriber under the state workers'
compensation law or that does not pay the federal minimum wage rate
or the prevailing wage rate for the particular job, whichever is
greater.
(d) The state shall finance 80 percent of the cost of the
program, and the governments receiving the services shall finance
20 percent of the cost.
Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981; Acts 1995, 74th Leg., ch. 655, § 11.73, eff.
Sept. 1, 1995.
§ 101.024. VOLUNTARY COMMUNITY SERVICES
PROGRAMS. (a) The department shall disburse state funds
appropriated for the purpose to local public agencies or private,
nonprofit corporations that operate programs to recruit elderly
persons to perform voluntary community services or that operate
programs under the National Senior Service Corps.
(b) A public agency or private, nonprofit corporation may
not receive state money under this section if it is not able to
qualify for federal matching money for the same purpose.
(c) The board by rules shall establish guidelines or
formulas to determine the proportion of state money distributed to
each public agency or private, nonprofit corporation. The board by
rules may establish additional qualifications to receive the state
money.
(d) State funds disbursed under this section may not be used
to pay compensation to volunteer workers, except for participants
in the Foster Grandparent and Senior Companion Programs, or for
purposes other than financing the operation or administration of
the volunteer programs, but it may be used to defray expenses
incurred by volunteers in the performance of volunteer work. The
board by rules may further limit the purposes for which the state
money may be spent.
Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2430, ch. 842, art. 2,
§ 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 2388, ch. 599,
§ 1, eff. Sept. 1, 1981; Acts 1999, 76th Leg., ch. 1505, §
1.15, eff. Sept. 1, 1999.
§ 101.025. COOPERATION WITH FEDERAL AND STATE
AGENCIES. (a) The department is the state agency designated to
handle federal programs relating to the aging that require action
within the state and that are not the specific responsibility of
another state agency under federal or state law.
(b) The department is not intended to supplant or to take
over from the counties and municipalities of this state or from
other state agencies or facilities any of the specific
responsibilities that they hold. The department shall cooperate
with federal and state agencies, counties, and municipalities and
private agencies or facilities in the state in accomplishing the
purposes of this chapter.
Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981.
§ 101.0251. REVIEW OF ADMINISTRATIVE COSTS AND
PROGRAMS. (a) The board by rule shall define "administrative
costs" as used in this section. However, if a standard definition
of administrative costs is required by law to be used by state
agencies, the board shall use that definition.
(b) To determine the administrative costs incurred by an
entity (including an area agency on aging and including an entity
that spends money distributed by the department under Section
101.023 or 101.024 of this code) in engaging in a program that is
funded in any part by money derived from the department, the
department shall request appropriate information from the entity.
(c) The board shall establish the maximum amount of
administrative costs that may be incurred by the entity in engaging
in the program.
(d) The department periodically shall review the actions of
entities receiving funds from the department and shall document its
review. The review of an entity that spends money distributed under
Section 101.024 of this code must include on-site evaluations of
the entity and must include the review of documentation, which
shall be required by the department, of the services performed by
the aged in programs under Section 101.024.
Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, § 2, eff. Sept. 1,
1985.
§ 101.0252. REPORT ON UNIT COSTS. The department shall
file with the Legislative Budget Board and the Governor's Office of
Budget and Planning a report that clearly identifies the unit cost
of each service, other than services related to community service
volunteering and subsidized employment services, provided by an
area agency on aging. The report must be filed twice each year on or
before the date specified by the Legislative Budget Board. The
report must be in the form required by the Legislative Budget Board.
Added by Acts 1995, 74th Leg., ch. 693, § 11, eff. Sept. 1, 1995.
§ 101.0255. SERVICE STANDARDS AND AGREEMENTS. (a) The
department and the Texas Department of Human Services, with the
approval of the Health and Human Services Commission, shall work to
ensure consistency in service standards, reimbursement rates,
contract terms, and performance standards used by the respective
agency in the provision of the same or substantially similar
services under a community program on aging under Subchapter III,
Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or the
Options for Independent Living program and a community care program
of the Texas Department of Human Services.
(b) The department and the Texas Department of Human
Services, in accordance with federal law, including the Older
Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), shall enter
into an agreement that allows an area agency on aging to jointly
contract with a service provider that is under contract with the
Texas Department of Human Services to provide services under a
community care program.
(c) If cost-effective, the department shall use the billing
system and audit procedures of the Texas Department of Human
Services to eliminate unnecessary duplication and to secure reduced
rates through economies of scale. If required by the Texas
Department of Human Services, the department shall reimburse the
Texas Department of Human Services through an interagency contract
for the cost of any use.
(d) The department and the Texas Department of Human
Services shall coordinate the monitoring of providers who contract
with the respective agency to provide the same or a substantially
similar service.
Added by Acts 1993, 73rd Leg., ch. 526, § 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 1505, § 1.16, eff. Sept. 1,
1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.0256. COORDINATED ACCESS TO LOCAL
SERVICES. (a) The department and the Texas Department of Human
Services shall develop standardized assessment procedures to share
information on common clients served in a similar service region.
(b) The department shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the department relating to the
provision of transportation services for clients of eligible
programs.
Added by Acts 1999, 76th Leg., ch. 1505, § 1.17, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), 2.131, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, § 13.09, eff.
Sept. 1, 2003.
§ 101.026. DONATIONS. The department may accept and
solicit gifts or grants of money or property from public or private
sources. Donations of money must be placed in a special fund in the
state treasury and expended on warrants drawn by the comptroller on
order of the department. Donations of real property and of personal
property other than money may be used or sold as the board considers
proper.
Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1,
eff. Sept. 1, 1981.
§ 101.027. AUTHORITY TO EXPEND FUNDS. The department
may accept, expend, and transfer federal and state funds
appropriated for programs authorized by federal and state law. The
department may accept, expend, and transfer funds received from any
source, including a county, municipality, or public or private
agency. The funds shall be deposited in the state treasury and may
be used for the purposes of this chapter, subject to any conditions
attached to the funds.
Added by Acts 1981, 67th Leg., p. 2388, ch. 599, § 1, eff. Sept.
1, 1981.
§ 101.028. CONTRIBUTIONS TO LOCAL ORGANIZATIONS:
CERTAIN COUNTIES. (a) This section applies only to counties
having a population of not less than 23,750 and not more than 24,000
and to cities and towns within those counties.
(b) Each county and each city or town to which this section
applies may cooperate with the department in carrying out the
department's purposes on a local level by contributing funds to any
local organization the functions of which are to cooperate with the
department. The organization must operate with the approval and
sanction of the department.
(c) The operation of buildings, facilities, services, and
programs by an organization for other community services or
benefits does not prohibit the contribution of the funds under this
section for the part of the organization's program for the aging if
that part of the program is approved by the department.
Added by Acts 1983, 68th Leg., p. 1001, ch. 235, art. 4, § 1(a),
eff. Sept. 1, 1983. Amended by Acts 1991, 72nd Leg., ch. 597, §
79, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 669, § 42, eff.
Sept. 1, 2001.
§ 101.029. PUBLIC INFORMATION ON COST OF LONG-TERM
CARE. The department shall develop programs to provide
information to the public relating to:
(1) the cost of long-term care;
(2) the limits on Medicaid eligibility;
(3) the adequacy or inadequacy of other financing
options, including Medicare; and
(4) possible methods of financing long-term care,
including group insurance policies and other methods designed to
assist individuals.
Added by Acts 1989, 71st Leg., ch. 1085, § 6, eff. Sept. 1, 1989.
§ 101.030. FUNDING TO AREA AGENCIES ON AGING. (a) The
board of the Texas Department on Aging, by rule, shall adopt a
formula that meets the intent of the Older Americans Act, as
amended, for allocating among area agencies on aging funds that the
department receives under Title III, federal Older Americans Act.
(b) The formula must provide for the allocation of the funds
among the area agencies according to the most recent population
estimates available from the U.S. Bureau of the Census or the Texas
Department of Health.
(c) The board shall update the formula biennially and shall
include the formula and the population estimates in each state plan
on aging.
(d) Unless otherwise provided for by department rules
regarding the carryover of unexpended Title III funds, at the end of
a fiscal year excess unexpended Title III funds of an area agency on
aging's allocations for that fiscal year shall be deducted from the
allocation for the new fiscal year and that same amount of new
fiscal year funds shall be reallocated. The department, by rule,
shall adopt a reallocation formula that includes performance as a
criterion, in addition to other criteria adopted by the department.
(e) The funds that the department receives under Title III,
federal Older Americans Act, on or after September 1, 1992, shall be
allocated and reallocated to area agencies on aging under the
formulas adopted under this section.
Added by Acts 1989, 71st Leg., ch. 1126, § 1, eff. Aug. 28, 1989.
Renumbered from V.T.C.A., Human Resources Code § 101.029 by Acts
1990, 71st Leg., 6th C.S., ch. 12, § 2(16), eff. Sept. 6, 1990.
Amended by Acts 1999, 76th Leg., ch. 1505, § 2.04, eff. Sept. 1,
2005.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.031. TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL
ASSISTANCE. (a) An area agency on aging may contract with one or
more private attorneys to establish trusts described by 42 U.S.C.
Section 1396p(d)(4)(B) for the benefit of recipients of medical
assistance under Chapter 32 who, without the establishment of these
trusts, would become ineligible for medical assistance.
(b) The department shall allocate available state funds to
the area agencies on aging for use in contracting for the
establishment of trusts under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 1226, § 1, eff. Sept. 1, 1997.
§ 101.033. OLDER AMERICANS ACT; STATE PLAN. (a) The
department and the Texas Department of Human Services shall jointly
develop this state's plan on aging, as required by the federal Older
Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its
subsequent amendments.
(b) The department and the Texas Department of Human
Services shall jointly conduct a statewide needs assessment for
long-term care services. The assessment shall include input from:
(1) area agencies on aging;
(2) regional and local state agency staff; and
(3) community-based organizations.
Added by Acts 1999, 76th Leg., ch. 1505, § 1.18, eff. Sept. 1,
1999.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.034. TEXAS CARES PROGRAM. (a) The department by
rule may establish and operate a Texas Cares program to provide
persons eligible for discount drug price programs offered by
pharmaceutical companies with:
(1) information regarding the availability of those
programs; and
(2) in appropriate circumstances, assistance in
enrolling in those programs.
(b) The department may solicit and accept gifts, grants, and
donations from any source to use in funding the Texas Cares program.
(c) The department shall design the Texas Cares program to
meet the primary goal of increasing awareness in appropriate
populations of the availability of discount drug price programs
offered by pharmaceutical companies. To the extent that adequate
resources are available, the department shall:
(1) make information regarding discount drug price
programs readily available on the department's Internet site;
(2) maintain a toll-free telephone number through
which a person may obtain information regarding discount drug price
programs; and
(3) make brochures or other written informational
materials regarding discount drug price programs available on
request by a pharmacist, physician, representative of an
organization serving senior citizens, or other interested person.
(d) The department may:
(1) conduct community outreach and education
activities to increase awareness of the availability of discount
drug price programs offered by pharmaceutical companies;
(2) solicit and train volunteers to perform functions
associated with the Texas Cares program, including:
(A) providing assistance to eligible persons in
enrolling in discount drug price programs offered by pharmaceutical
companies; and
(B) conducting community outreach and education
activities; and
(3) coordinate operation of the Texas Cares program
with the activities of area agencies on aging.
Added by Acts 2003, 78th Leg., ch. 506, § 1, eff. June 20, 2003.
SUBCHAPTER C. OPTIONS FOR INDEPENDENT LIVING
§ 101.041. DEFINITIONS. In this subchapter:
(1) "Case management" means the process of assessing
service needs, developing a plan of care, and arranging for and
monitoring delivery of care to an elderly person under this
subchapter.
(2) "Case management unit" is an entity that
coordinates and administers case management.
(3) "Elderly person" means a person who is 60 years of
age or older.
(4) "Service area" means a geographical area of the
state designated for purposes of planning, development, and overall
administration of services provided under this subchapter.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
§ 101.042. OPTIONS FOR INDEPENDENT LIVING. (a) The
department shall establish a statewide program entitled Options for
Independent Living to help elderly persons remain at home despite
limited self-care capacities and to prevent institutionalization.
(b) The Options for Independent Living program shall
provide short-term support services to elderly persons for the
purposes of:
(1) restoring functional capacities after illness or
hospitalization; and
(2) educating and preparing elderly persons and their
caregivers to provide self-care.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 425, § 1, eff. Aug. 26,
1991.
§ 101.043. PERSONS TO BE SERVED. (a) The program shall
give priority to an elderly person who:
(1) has recently suffered a major illness or health
care crisis or has recently been hospitalized;
(2) lives in a rural area;
(3) has insufficient caregiver support;
(4) has a mild to moderate impairment or a temporary
severe impairment; and
(5) is in great economic or social need, with
particular attention to low-income minority older persons.
(b) The department shall maintain a memorandum of agreement
with the Texas Department of Human Services assuring that there is
no duplication of services to persons served by the community care
for aged and disabled program of the Texas Department of Human
Services.
(c) In awarding funding the department shall serve priority
populations consistent with the Older Americans Act of 1965 (42
U.S.C. Section 3001 et seq.), as amended.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 425, § 2, eff. Aug. 26,
1991.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.044. PROVISION OF SERVICES. (a) Support
services shall include:
(1) case management;
(2) homemaking assistance, including personal care;
(3) residential repair and modification;
(4) benefits counseling;
(5) respite care;
(6) emergency response;
(7) education and training for caregivers;
(8) home-delivered meals;
(9) transportation; and
(10) other appropriate services identified by the case
manager and client through the assessment and care planning
process.
(b) A case manager shall conduct an individual assessment of
an elderly person's needs and shall, in consultation with the
elderly person and the elderly person's family, create a plan of
care that specifies the type, amount, frequency, and duration of
support services the elderly person needs.
(c) A plan of care must coordinate the available public and
private services and resources that are most appropriate to meet
the elderly person's needs.
(d) An area agency on aging may not directly provide
homemaker, home health, residential repair, respite, meal
delivery, or transportation service unless the area agency:
(1) receives no response to a request for proposals
that meets department standards; and
(2) has exhausted all other procurement options
available under department rules.
(e) An area agency on aging that wants to provide directly a
service not available through a local public or private entity must
obtain approval from the department in accordance with department
rules governing the granting of such approval.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 425, § 3, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 526, § 2, eff. Sept. 1, 1993.
§ 101.045. CASE MANAGEMENT UNITS. (a) The department
shall designate one or more case management units for each service
area to provide case management services according to department
rules and standards.
(b) The department shall designate an area agency on aging
as a case management unit for a service area. The area agency on
aging may act as the case management unit, after obtaining approval
from the department in accordance with department rules governing
the granting of such approval, or the area agency on aging may
subcontract with a local service agency or hospital to act as the
case management unit.
(c) The department may contract with another public or
private entity to act as a case management unit for a service area
if the area agency on aging cannot provide or subcontract for case
management services.
(d) A case manager must be an employee of a case management
unit.
(e) The department shall periodically review a case
management unit.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
§ 101.046. ADMINISTRATION OF PROGRAM. (a) The
department, with the advice of an advisory committee, shall
administer the program through grants to area agencies on aging.
(b) Area agencies on aging shall maintain their service
provision levels in effect on September 1, 1989, independent of the
Options for Independent Living program. Funds made available under
this program may not be used to supplant service funds for services
provided on September 1, 1989.
(c) An area agency on aging that receives funds under this
section shall ensure the availability of the services for which the
funds were granted.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
§ 101.047. ADVISORY COMMITTEE. (a) The department
shall appoint a statewide advisory committee that includes hospital
discharge planners, hospital administrators, home health agency
representatives, nurses, and physicians to advise the department in
administering the program. The department shall appoint as many
members as the department considers necessary to assist the
department in performing its duties.
(b) The advisory committee shall elect its own presiding
officer and shall meet and serve according to department rules.
(c) A member of an advisory committee receives no
compensation but is entitled to reimbursement for transportation
and the per diem allowance for state employees in accordance with
the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
§ 101.048. FEES. (a) The department by rule shall
establish a copayment system using a sliding scale that is based on
an elderly person's income.
(b) An elderly person whose income exceeds the basic income
and resources requirements for eligibility for the community care
for aged and disabled program of the Texas Department of Human
Services, but whose income is less than 200 percent of that level
shall pay a portion of the cost of support services provided to the
person by a case management unit according to the fee scale.
(c) An elderly person whose income exceeds 200 percent of
the level established by the Texas Department of Human Services for
the community care for aged and disabled program shall pay the full
cost of support services provided by a case management unit.
(d) A local case management unit shall collect and account
for all fees imposed for services provided by the case management
unit and shall submit reports to the department as prescribed by
department rules.
(e) Fees collected shall be used to defray program costs and
to expand the program.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 425, § 4, eff. Aug. 26,
1991.
§ 101.049. ANNUAL REPORT. (a) The department shall
annually report on the program to the governor and the presiding
officer of each house of the legislature.
(b) The report must include information concerning the
manner in which the department has provided services under the
program to elderly persons entitled to priority under Section
101.043(a).
(c) The report must be submitted not later than November 1
of each even-numbered year. The report may be combined with the
report required by Section 101.008.
Added by Acts 1989, 71st Leg., ch. 894, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 693, § 12, eff. Sept. 1,
1995.
SUBCHAPTER D. OFFICE OF LONG-TERM CARE OMBUDSMAN
§ 101.051. DEFINITIONS. In this subchapter:
(1) "Elderly resident" means a resident of a long-term
care facility who is 60 years of age or older.
(2) "Long-term care facility" means a facility that
serves persons who are 60 years of age or older and that is licensed
or regulated or that is required to be licensed or regulated by the
Texas Department of Human Services under Chapter 242, Health and
Safety Code.
(3) "Office" means the office of the state long-term
care ombudsman.
(4) "Representative" means an employee or volunteer
specifically designated by the office as a representative of the
office.
(5) "State ombudsman" means the chief administrator of
the office.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(20), eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 315, § 1, eff. Aug. 30, 1993;
Acts 1995, 74th Leg., ch. 76, § 8.100, eff. Sept. 1, 1995.
§ 101.052. ESTABLISHMENT OF OFFICE. (a) The
department shall establish and operate the office of the state
long-term care ombudsman.
(b) The department may operate the office directly or by
contract or memorandum of agreement with a public agency or other
appropriate private nonprofit organization. The department may not
use an agency or organization that is:
(1) responsible for licensing or certifying long-term
care services; or
(2) an association of long-term care facilities or of
any other residential facility that serves persons who are 60 years
of age or older, or an affiliate of such an association.
(c) The department shall consider the views of elderly
persons, provider organizations, advocacy groups, and area
agencies on aging in planning and operating the office.
(d) The department shall ensure that a person involved in
designating the state ombudsman or in designating an employee or
representative of the office does not have a conflict of interest.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.053. ROLE OF OFFICE. (a) The office and the
ombudsman program shall operate in cooperation with any regulatory
agency funded and mandated by the Older Americans Act of 1965 (42
U.S.C. Section 3001 et seq.), and state statute.
(b) This subchapter does not affect the authority of the
Texas Department of Health and the Texas Department of Human
Services to regulate long-term care facilities.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.054. POWERS AND DUTIES. (a) The state ombudsman
and the office have the powers and duties required by state and
federal law.
(b) The office may use appropriate administrative, legal,
and other remedies to assist elderly residents as provided by
department rules.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.055. LEGAL ASSISTANCE. The department shall
ensure that the office receives adequate legal advice and
representation. The attorney general shall represent the ombudsman
or a representative if a suit or other legal action is brought or
threatened to be brought against that person in connection with the
person's performance of the official duties of the office.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 315, § 2, eff. Aug. 30,
1993.
§ 101.056. OMBUDSMEN. (a) The office shall recruit
volunteers and citizen organizations to participate in the
ombudsman program. A paid staff member of an area agency on aging
network or a nonprofit social service agency may be an ombudsman.
An ombudsman is a representative of the office.
(b) The office shall provide training to ombudsmen as
required by this subchapter and federal law.
(c) The office shall coordinate ombudsman services with the
protection and advocacy systems that exist for persons with
developmental disabilities or mental illness.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.057. INVESTIGATIONS. (a) The office shall have
access to elderly residents and shall investigate and resolve
complaints made by or on behalf of elderly residents.
(b) The department shall ensure that each ombudsman who
investigates complaints has received proper training and has been
approved by the office as qualified to investigate complaints.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.058. ACCESS TO RECORDS AND
CONFIDENTIALITY. (a) The state ombudsman or his designee,
specifically identified by the executive director of aging, shall
have access to patient care records of elderly residents of
long-term care facilities defined in Section 101.051(2) of this
code. Certified volunteer ombudsmen are not entitled access to
medical or other confidential information from the patient care
records. The department, by rule, shall establish procedures for
obtaining access to the records. All records and information to
which the state ombudsman or his designee obtains access remain
confidential.
(b) The office shall ensure that the identity of a
complainant or any facility resident may be disclosed only with the
written consent of the person or the person's legal representative
or on court order.
(c) The information in files maintained by the office may be
disclosed only by the ombudsman who has authority over the
disposition of the files.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.059. REPORTING SYSTEM. The office shall
establish a statewide ombudsman uniform reporting system to collect
and analyze information relating to complaints and conditions in
long-term care facilities as long as such system does not duplicate
other state reporting systems and shall provide the information to
the department, Texas Department of Health, and Texas Department of
Human Services.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1505, § 2.05, eff. Sept. 1,
2005.
Amended by Acts 2001, 77th Leg., ch. 592, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, § 1.28(3), eff. Sept. 1,
2003.
§ 101.060. ANALYSIS OF LAWS. The office shall analyze
and monitor the development and implementation of federal, state,
and local laws, rules, regulations, and policies relating to
long-term care facilities and services and shall recommend any
changes the office considers necessary.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.061. PUBLIC INFORMATION. The office shall
provide information to public agencies, legislators, and others
that relates to the problems and concerns of elderly residents.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
§ 101.062. ANNUAL REPORT. (a) The office shall
prepare an annual report that contains:
(1) information and findings relating to the problems
and complaints of elderly residents; and
(2) policy, regulatory, and legislative
recommendations to solve the problems, resolve the complaints, and
improve the quality of the elderly residents' care and lives.
(b) The report must be submitted to the governor and the
presiding officer of each house of the legislature not later than
November 1 of each even-numbered year. The report may be combined
with the report required by Section 101.008.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 693, § 13, eff. Sept. 1,
1995.
§ 101.063. LIMITATION OF LIABILITY. An ombudsman or a
representative is not liable for civil damages or subject to
criminal prosecution for performing official duties unless the
ombudsman or representative acts in bad faith or with a malicious
purpose.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 315, § 3, eff. Aug. 30,
1993.
§ 101.064. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) intentionally interferes with an ombudsman
attempting to perform official duties; or
(2) commits or attempts to commit an act of
retaliation or reprisal against any resident or employee of a
long-term care facility for filing a complaint or providing
information to an ombudsman.
(b) An offense under this section is a Class B misdemeanor.
(c) The department shall assure that criminal sanctions
will be initiated only after all administrative procedures are
exhausted.
Added by Acts 1989, 71st Leg., ch. 159, § 1, eff. Sept. 1, 1989.
