HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
CHAPTER 111. TEXAS REHABILITATION COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
§ 111.001. PURPOSE. It is the policy of the State of
Texas to provide rehabilitation and related services to eligible
individuals with disabilities so that they may prepare for and
engage in a gainful occupation or achieve maximum personal
independence.
Acts 1979, 66th Leg., p. 2419, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1993, 73rd Leg., ch. 142, § 2, eff. May 17,
1993.
§ 111.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Rehabilitation
Commission.
(2) "Commissioner" means the chief administrative
officer of the commission.
(3) "Individual with a disability" means any
individual, except one whose disability is of a visual nature, who
has a physical or mental impairment which constitutes a substantial
impediment to employment, or to achieving maximum personal
independence, but which is of a nature that rehabilitation services
may be expected to enable the individual to engage in a gainful
occupation or enable the individual to achieve a greater level of
self-care and independent living.
(4) "Substantial impediment to employment" means a
physical or mental impairment in light of attendant medical,
psychological, vocational, educational, or other related factors
that impedes an individual's occupational performance by
preventing the individual from obtaining, retaining, or preparing
for a gainful occupation consistent with the individual's
capacities and abilities.
(5) "Rehabilitation services" means any equipment,
supplies, goods, or services necessary to enable an individual with
a disability to engage in a gainful occupation or to achieve maximum
personal independence. To enable an individual with a disability
to engage in a gainful occupation or achieve maximum personal
independence the commission may engage in or contract for
activities, including but not limited to:
(A) evaluation of rehabilitation potential,
including diagnostic and related services incidental to the
determination of eligibility for services and the nature and scope
of services to be provided;
(B) counseling and guidance;
(C) physical and mental restoration services
necessary to correct or substantially modify a physical or mental
condition that is stable or slowly progressive;
(D) training;
(E) maintenance for additional costs incurred
while participating in rehabilitation services;
(F) transportation;
(G) placement in suitable employment;
(H) postemployment services necessary to
maintain suitable employment;
(I) obtaining occupational licenses, including
any license, permit, or other written authority required by a
state, city, or other governmental unit to be obtained in order to
enter an occupation or small business, and providing tools,
equipment, initial stocks, goods, and supplies; and
(J) providing other equipment, supplies,
services, or goods that can reasonably be expected to benefit an
individual with a disability in terms of employment in a gainful
occupation or achievement of maximum personal independence.
(6) "Vocational rehabilitation program" means a
program that provides rehabilitation services required to enable an
individual with a disability to engage in a gainful occupation.
(7) Repealed by Acts 2003, 78th Leg., ch. 198, §
2.116(b); Acts 2003, 78th Leg., ch. 210, § 2.
(8) "Board" means the board of the Texas
Rehabilitation Commission.
Acts 1979, 66th Leg., p. 2419, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 338, ch. 77, § 1, eff.
Jan. 1, 1984; Acts 1985, 69th Leg., ch. 603, § 23, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 1052, § 2.09, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 142, § 3, eff. May 17, 1993;
Acts 1999, 76th Leg., ch. 393, § 1, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 198, § 2.116(b), eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 210, § 2, eff. Sept. 1, 2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 111.011. TEXAS REHABILITATION COMMISSION. The Texas
Rehabilitation Commission is composed of the board of the Texas
Rehabilitation Commission, a commissioner, and other officers and
employees required to efficiently carry out the purposes of this
chapter.
Acts 1979, 66th Leg., p. 2420, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 111.012. SUNSET PROVISION. The Texas Rehabilitation
Commission is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished and this chapter expires September 1,
2011.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 479, § 215, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 603, § 22, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.09, eff. Nov.
12, 1991; Acts 1999, 76th Leg., ch. 393, § 2, eff. Sept. 1, 1999.
§ 111.013. COMPOSITION OF BOARD; APPOINTMENT;
QUALIFICATIONS; TERMS. (a) The board of the Texas
Rehabilitation Commission is composed of five members appointed by
the governor with the advice and consent of the senate. Members
serve for staggered terms of six years with the terms of one or two
members expiring every two years.
(b) Appointees must be outstanding citizens of the state who
are members of the general public and have demonstrated a
constructive interest in rehabilitation services. Appointments to
the board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees. A person is not eligible for appointment as a board
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 the agency
or receiving funds from the commission;
(2) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the agency or receiving funds from the
commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission.
(c) The governor shall designate one board member as
presiding officer. The presiding officer serves in that capacity
at the will of the governor.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 1, eff. Sept.
1, 1985; Acts 1999, 76th Leg., ch. 393, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1170, § 39.01, eff. Sept. 1, 2003.
§ 111.0131. 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 111.013(b) for appointment to
the board;
(2) does not maintain during service on the board the
qualifications required by Section 111.013(b) for appointment to
the board;
(3) is ineligible for membership under Section 111.013
or 111.025;
(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 commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
chairman of the board of the potential ground. The chairman of the
board 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 commissioner 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., ch. 603, § 2, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 393, § 4, eff. Sept. 1,
1999.
§ 111.0132. TRAINING OF 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 commission and
the board;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) 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
(8) any applicable ethics policies adopted by the
commission 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.
Added by Acts 1999, 76th Leg., ch. 393, § 5, eff. Sept. 1, 1999.
§ 111.014. MEETINGS. (a) The board shall meet
quarterly in regular session and on call by the presiding officer
when necessary for the transaction of agency business.
(b) The board shall develop and implement policies that will
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
board.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 3, eff. Sept.
1, 1985.
§ 111.015. PER DIEM AND EXPENSES. (a) Board members
are entitled to reimbursement for actual and necessary expenses
incurred in the discharge of their official duties and the
compensatory per diem authorized by the General Appropriations Act
for each day at an official meeting as authorized by the board.
(b) A member of the board who is disabled and who, because of
the disability, requires special aids or travel attendants is
entitled to reimbursement for the cost of the special aids or travel
attendants.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 4, eff. Sept.
1, 1985.
§ 111.016. REHABILITATION COUNCIL OF TEXAS. The
Rehabilitation Council of Texas is created by this section in
accordance with the federal Rehabilitation Act Amendments of 1992,
Pub. L. 102-569, and the federal Rehabilitation Act Amendments of
1998, Pub. L. 105-220. The board shall adopt rules for the
implementation of regulations and the administration of the
council.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 5, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 142, § 4, eff. May 17, 1993;
Acts 1999, 76th Leg., ch. 393, § 6, eff. Sept. 1, 1999.
§ 111.0161. ADVISORY COMMITTEES REPORT TO
BOARD. (a) Each advisory committee established by law or rule to
advise the commission shall report to and advise the board on the
committee's activities and the results of the committee's work. For
the purpose of performing its advisory functions, each committee
shall work with the commissioner, the commission's staff, and the
board.
(b) The board shall adopt rules to implement this section.
Added by Acts 1999, 76th Leg., ch. 393, § 7, eff. Sept. 1, 1999.
§ 111.017. COMMISSIONER.
Text of section as amended by Acts 1999, 76th Leg., ch. 393, § 8.
The commissioner is appointed by the board, with the approval
of the governor, and serves at the pleasure of the board. The
commissioner is the executive head of the agency.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 76, § 8.146, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 393, § 8, eff. Sept. 1,
1999.
For text of section as amended by Acts 1999, 76th Leg., ch. 1460,
§ 2.14, see § 111.017, post.
§ 111.017. COMMISSIONER.
Text of section as amended by Acts 1999, 76th Leg., ch. 1460, §
2.14
(a) This chapter is administered by the commissioner under
operational policies established by the commissioner of health and
human services. The commissioner is employed by the commissioner of
health and human services in accordance with Section 531.0056,
Government Code, on the basis of education, training, experience,
and demonstrated ability.
(b) The commissioner serves as secretary to the board, as
well as chief administrative officer of the agency.
Acts 1979, 66th Leg., p. 2421, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 76, § 8.146, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1460, § 2.14, eff.
Sept. 1, 1999.
For text of section as amended by Acts 1999, 76th Leg., ch. 393,
§ 8, see § 111.017, ante.
§ 111.018. ADMINISTRATIVE REGULATIONS AND
POLICIES. (a) The board shall:
(1) adopt policies and rules to effectively carry out
the purposes of this chapter; and
(2) supervise the commissioner's administration of
this chapter.
(b) In carrying out his or her duties under this chapter,
the commissioner shall, with the approval of the board, implement
policies addressing personnel standards, the protection of records
and confidential information, the manner and form of filing
applications, eligibility, investigation, and determination for
rehabilitation and other services, procedures for hearings, and
other regulations subject to this section as necessary to carry out
the purposes of this chapter.
(c) The commissioner shall develop a career ladder program,
one part of which must require the posting throughout the
commission of all nonentry level positions concurrently with any
public posting.
(d) The commissioner shall develop a system of annual
performance evaluations based on measurable job tasks. All merit
pay for employees must be based on the system established under this
subsection.
(e) The board shall provide to its members and employees as
often as is necessary information regarding their qualifications
under this chapter and their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(f) The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the commissioner and staff of
the commission. The board may delegate to the commissioner, or to a
person acting as commissioner in the commissioner's absence, any
power or duty imposed on the board or commission by law except that
the board may not delegate the power to adopt rules. The delegation
of a power or duty must be in writing. Any delegation of the board's
authority must be adopted by the board in a public meeting.
(g) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions 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, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(h) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (g)(1); and
(3) be filed with the governor's office.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 6, eff. Sept.
1, 1985; Acts 1999, 76th Leg., ch. 393, § 9, eff. Sept. 1, 1999.
§ 111.019. PLANNING. The commission shall make
long-range and intermediate plans for the scope and development of
the program and make decisions regarding the allocation of
resources in carrying out the plans.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1999, 76th Leg., ch. 393, § 10, eff. Sept.
1, 1999.
§ 111.020. ADMINISTRATIVE UNITS; PERSONNEL. (a) The
commissioner shall, with the approval of the board, establish
appropriate subordinate administrative units.
(b) The commissioner shall, under personnel policies
adopted by the board, appoint the personnel, including a general
counsel, necessary for the efficient performance of the functions
of the agency.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1993, 73rd Leg., ch. 142, § 5, eff. May 17,
1993.
§ 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY
INCOME (SSI). The commission shall employ a person at the
commission's central office to:
(1) train counselors to understand and use work
incentives; and
(2) review cases to ensure that commission clients are
informed of the availability of and assisted in obtaining work
incentives and Supplemental Security Income (SSI) (42 U.S.C.
Section 1381 et seq.).
Added by Acts 1995, 74th Leg., ch. 655, § 6.03, eff. Sept. 1,
1995.
§ 111.021. REPORTS. (a) The commissioner shall
prepare and submit to the board annual reports of activities and
expenditures and, prior to each regular session of the legislature,
estimates of funds required for carrying out the purposes of this
chapter.
(b) 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 commission during the preceding year. The form of
the annual report and the reporting time shall be that provided in
the General Appropriations Act.
(c) The commission shall post on the Internet in an
accessible format the reports required under this section and any
other agency performance data required to be reported to this state
or the federal government. If a report or performance data contains
confidential information, the commission shall remove the
confidential information before posting the report or performance
data.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 7, eff. Sept.
1, 1985; Acts 1999, 76th Leg., ch. 393, § 11, eff. Sept. 1, 1999.
§ 111.022. DISBURSEMENT OF FUNDS. The commission shall
make certification for disbursement, in accordance with
regulations, of funds available for carrying out the purposes of
this chapter.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1999, 76th Leg., ch. 393, § 12, eff. Sept.
1, 1999.
§ 111.023. OTHER DUTIES. The board shall take other
action as necessary or appropriate to carry out the purposes of this
chapter.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1999, 76th Leg., ch. 393, § 13, eff. Sept.
1, 1999.
§ 111.024. DELEGATION TO EMPLOYEES. The commissioner
may, with the approval of the board, delegate to any officer or
employee of the commission responsibilities of the commissioner as
necessary to carry out the purposes of this chapter.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1999, 76th Leg., ch. 393, § 14, eff. Sept.
1, 1999.
§ 111.025. 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
commission 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
rehabilitation; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
rehabilitation.
(c) A person may not be a member of the board or act as the
general counsel to the board or the commission 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 commission.
Added by Acts 1985, 69th Leg., ch. 603, § 8, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(19), eff. Sept.
1, 1987; Acts 1999, 76th Leg., ch. 393, § 15, eff. Sept. 1, 1999.
§ 111.026. PUBLIC INTEREST INFORMATION;
COMPLAINTS. (a) The commission shall prepare information of
public interest describing the functions of the commission and
describing the commission's procedures by which complaints are
filed with and resolved by the commission. The commission shall
make the information available to the general public and
appropriate state agencies.
(b) The commission shall adopt rules establishing methods
by which consumers and service recipients can be notified of the
name, mailing address, and telephone number of the commission for
the purpose of directing complaints to the commission. The
commission 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 or through the commission;
(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 or through the
commission; 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 or through the commission.
(c) The commission shall maintain a file on each written
complaint filed with the commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed if
the agency closed the file without taking action other than to
investigate the complaint.
(d) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution.
(e) The commission, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
Added by Acts 1985, 69th Leg., ch. 603, § 9, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 393, § 16, eff. Sept. 1,
1999.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION
§ 111.0505. 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 commission and
commissioner as provided by Section 531.0055, Government Code. To
the extent a power or duty given to the commission or commissioner
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, § 2.15, eff. Sept. 1,
1999.
§ 111.051. COMMISSION AS PRINCIPAL AUTHORITY. The
Texas Rehabilitation Commission is the principal authority in the
state on rehabilitation of individuals with disabilities, except
for those matters relating to individuals whose disabilities are of
a visual nature. All other state agencies engaged in
rehabilitation activities and related services to individuals
whose disabilities are not of a visual nature shall coordinate
those activities and services with the commission.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1993, 73rd Leg., ch. 142, § 6, eff. May 17,
1993.
§ 111.052. GENERAL FUNCTIONS. (a) The commission
shall, to the extent of resources available and priorities
established by the board, provide rehabilitation services directly
or through public or private resources to individuals determined by
the commission to be eligible for the services under a vocational
rehabilitation program or other program established to provide
rehabilitative services.
(b) In carrying out the purposes of this chapter, the
commission may:
(1) cooperate with other departments, agencies,
political subdivisions, and institutions, both public and private,
in providing the services authorized by this chapter to eligible
individuals, in studying the problems involved, and in planning,
establishing, developing, and providing necessary or desirable
programs, facilities, and services, including those jointly
administered with state agencies;
(2) enter into reciprocal agreements with other
states;
(3) establish or construct rehabilitation facilities
and workshops, contract with or provide grants to agencies,
organizations, or individuals as necessary to implement this
chapter, make contracts or other arrangements with public and other
nonprofit agencies, organizations, or institutions for the
establishment of workshops and rehabilitation facilities, and
operate facilities for carrying out the purposes of this chapter;
(4) conduct research and compile statistics relating
to the provision of services to or the need for services by disabled
individuals;
(5) provide for the establishment, supervision,
management, and control of small business enterprises to be
operated by individuals with significant disabilities where their
operation will be improved through the management and supervision
of the commission;
(6) contract with schools, hospitals, private
industrial firms, and other agencies and with doctors, nurses,
technicians, and other persons for training, physical restoration,
transportation, and other rehabilitation services; and
(7) assess the statewide need for services necessary
to prepare students with disabilities for a successful transition
to employment, establish collaborative relationships with each
school district with education service centers to the maximum
extent possible within available resources, and develop strategies
to assist vocational rehabilitation counselors in identifying and
reaching students in need of transition planning.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 342, ch. 77, § 2, eff.
Jan. 1, 1984; Acts 1993, 73rd Leg., ch. 142, § 7, eff. May 17,
1993; Acts 1999, 76th Leg., ch. 393, § 17, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 198, § 2.116(a), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 210, § 1, eff. Sept. 1, 2003.
§ 111.0525. COORDINATION WITH STATE
AGENCIES. (a) Repealed by Acts 2003, 78th Leg., ch. 198, §
2.116(b); Acts 2003, 78th Leg., ch. 210, § 2.
(b) The commission shall enter into an agreement with the
Texas Department of Mental Health and Mental Retardation to reduce
duplication and fragmentation of employment services by defining
each agency's role and responsibilities for shared client
populations.
(c) The commission shall establish a formal referral
process with the Texas Workforce Commission to ensure that
appropriate vocational rehabilitation clients are referred to and
receive services provided by the Texas Workforce Commission or
local workforce development agencies.
(d) The commission shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the commission relating to the
provision of transportation services for clients of eligible
programs.
Amended by Acts 2003, 78th Leg., ch. 198, § 2.116(b), 2.132,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 210, § 2, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, § 13.10, eff.
Sept. 1, 2003.
§ 111.053. COOPERATION WITH THE FEDERAL
GOVERNMENT. (a) The commission shall make agreements,
arrangements, or plans to cooperate with the federal government in
carrying out the purposes of this chapter or of any federal statutes
pertaining to rehabilitation, and to this end may adopt methods of
administration that are found by the federal government to be
necessary, and that are not contrary to existing state laws, for the
proper and efficient operation of the agreements, arrangements, or
plans for rehabilitation.
(b) To the extent resources are made available by the
federal government, the commission may make agreements,
arrangements, or plans to cooperate with the federal government in
carrying out the purposes of any federal statute pertaining to the
disability determination function under the Social Security Act
and to this end shall adopt methods of administration that are found
by the federal government to be necessary to the disability
determination function and that are not contrary to existing state
laws.
Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 343, ch. 77, § 3, eff.
Jan. 1, 1984.
§ 111.054. OBTAINING FEDERAL FUNDS. The commission may
comply with any requirements necessary to obtain federal funds in
the maximum amount and most advantageous proportion possible.
Acts 1979, 66th Leg., p. 2423, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 111.055. FINANCES. (a) All money paid to the
commission under this chapter shall be deposited in the State
Treasury and may be used only for the administration of this
chapter.
(b) The financial transactions of the commission are
subject to audit by the state auditor in accordance with Chapter
321, Government Code.
Acts 1979, 66th Leg., p. 2423, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 603, § 10, eff. Sept.
1, 1985; Acts 1989, 71st Leg., ch. 584, § 17, eff. Sept. 1, 1989.
§ 111.0551. PROVISION OF MEDICAL SERVICES. In carrying
out the purposes of this chapter, the commission shall:
(1) meet health care industry standards in the
approval of medical services for clients, including the
advisability of obtaining second opinions;
(2) adopt a system of quality control that includes
medical consultation;
(3) where applicable, include an assessment of whether
the medical services will benefit the client's ability to return to
work; and
(4) conduct an analysis of the risk associated with
funding medical procedures and maintain a risk management plan that
reflects current medical knowledge and expertise.
Added by Acts 1999, 76th Leg., ch. 393, § 19, eff. Sept. 1, 1999.
§ 111.0552. RATES FOR MEDICAL SERVICES. (a) The board
shall adopt rules and standards governing the determination of
rates the commission will pay for medical services and health care
services.
(b) Annually, the board shall adopt by rule a schedule of
rates based on the rules and standards adopted under Subsection
(a). In adopting the rate schedule, the board shall:
(1) compare the proposed rate schedule to other
cost-based rates for medical services, including Medicaid and
Medicare rates; and
(2) for any rate adopted that exceeds the Medicare or
Medicaid rate, document the reasons why the rate adopted ensures
the best value in the use of dollars for clients.
(c) The board shall hold a public hearing before adopting
rules under this section to allow interested persons to present
comments.
Added by Acts 1999, 76th Leg., ch. 393, § 20, eff. Sept. 1, 1999.
§ 111.0553. PROCUREMENT METHODS. (a) The commission
shall develop and, following review and approval by the board,
implement agency-wide procurement procedures to:
(1) ensure compliance with the best-value purchasing
requirements of Section 2155.144(c), Government Code;
(2) document that a best-value review of vendors has
occurred;
(3) document the reasons for selecting a vendor;
(4) negotiate price discounts with high-volume
vendors;
(5) consolidate purchases with other agencies,
including the Texas Department of Health and the General Services
Commission, to achieve best value; and
(6) provide effective public notification to
potential vendors of planned commission purchases.
(b) Nothing in this section shall be construed to limit the
commission's ability to procure goods and services from persons
with disabilities.
Added by Acts 1999, 76th Leg., ch. 393, § 21, eff. Sept. 1, 1999.
§ 111.056. GIFTS AND DONATIONS TO THE COMMISSION. The
commission may receive and use gifts and donations for carrying out
the purposes of this chapter. No person may receive payment for
solicitation of any funds.
Acts 1979, 66th Leg., p. 2424, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 111.057. UNLAWFUL USE OF LISTS OF NAMES. (a) Except
for purposes directly connected with the administration of health
and human service programs and in accordance with regulations, it
is unlawful for a person to solicit, disclose, receive, or make use
of, or authorize, knowingly permit, participate in, or acquiesce in
the use of any list of, names of, or any information directly or
indirectly derived from records concerning persons applying for or
receiving health and human services.
(b) The commission is authorized to provide client and other
information to and receive client and other information from any
state agency for the purpose of increasing and enhancing services
to clients and improving agency operations, except where federal
law or regulations preclude such sharing.
(c) The commission shall adopt rules to carry out the
purposes of this section.
Acts 1979, 66th Leg., p. 2424, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1993, 73rd Leg., ch. 142, § 9, eff. May 17,
1993.
§ 111.058. CRIMINAL CONVICTION RECORD INFORMATION.
See, also, italicized material following text of this section
(a) The commission may obtain criminal conviction record
information from the pardons and paroles division and institutional
division of the Texas Department of Criminal Justice and from the
Texas Department of Public Safety if the conviction records relate
to:
(1) an applicant selected for employment with the
commission;
(2) an applicant for rehabilitation services; or
(3) a client of the commission.
(b) The pardons and paroles division and institutional
division of the Texas Department of Criminal Justice and the Texas
Department of Public Safety upon request shall supply to the
commission criminal conviction record information relating to
applicants selected for employment with the commission, applicants
for rehabilitation services, or clients of the commission. The
commission shall treat all criminal conviction record information
as privileged and confidential and for commission use only.
Added by Acts 1979, 66th Leg., p. 2435, ch. 842, art. 2, § 7, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142, § 10,
eff. May 17, 1993.
Amendment by Acts 1979, 66th Leg., p. 1669, ch. 697, § 1
Government Code, § 311.031(c), provides, in part, that the
repeal of a statute by a code does not affect an amendment of the
statute by the same legislature which enacted the code and that the
amendment is preserved and given effect as part of the code
provision.
Acts 1979, 66th Leg., p. 2435, ch. 842, art. 2, § 7, which added
this section, purported to do so in order to incorporate the
amendment to Education Code, § 30.42, by the addition of
subdivision (7) thereto by Acts 1979, 66th Leg., p. 1669, ch. 697,
§ 1, said § 30.42 being repealed by Acts 1979, 66th Leg., p.
2429, ch. 842, art. 1, § 2(2). However, as so added, subdivision
(7) read:
"[T]he agency is authorized:
* * * * * *
"(7) to obtain information from the Board of Pardons and Paroles and
the Texas Department of Corrections, if such records relate to an
applicant for rehabilitation services or to a client of the agency,
who has been or is about to be released by the Texas Department of
Corrections; the Board of Pardons and Paroles and the Texas
Department of Corrections shall upon request supply the commission
with information applying to applicants for rehabilitation
services or clients of the commission if the person has been or is
about to be released by the Texas Department of Corrections; the
commission shall treat all information as privileged and
confidential and for commission use only."
§ 111.0581. CRIMINAL HISTORY RECORD
INFORMATION. (a) The board by rule shall establish criteria for
denying a person's application for employment based on criminal
history background information obtained pursuant to Section
411.117, Government Code.
(b) The commission shall treat all criminal history record
information as privileged and confidential and for commission use
only.
Added by Acts 1999, 76th Leg., ch. 393, § 22, eff. Sept. 1, 1999.
§ 111.059. SUBROGATION. (a) In furnishing a person
rehabilitation services, including medical care services, under
this chapter, the commission is subrogated to the person's right of
recovery from:
(1) personal insurance;
(2) another person for personal injury caused by the
other person's negligence or wrongdoing; or
(3) any other source.
(b) The commission's right of subrogation is limited to the
cost of the services provided.
(c) The commissioner may totally or partially waive the
commission's right of subrogation when the commissioner finds that
enforcement would tend to defeat the purpose of rehabilitation.
(d) The commission may adopt rules for the enforcement of
its right of subrogation.
Added by Acts 1983, 68th Leg., p. 344, ch. 77, § 4, eff. Jan. 1,
1984.
§ 111.060. COMPREHENSIVE REHABILITATION FUND. (a) The
comprehensive rehabilitation fund is created in the state treasury.
Money in the fund is derived from court costs collected under
Subchapter D, Chapter 102, Code of Criminal Procedure. Money in
the fund may be appropriated only to the commission for the purposes
provided by Section 111.052.
(b) The comptroller, on requisition by the commission,
shall draw a warrant on the fund for the amount specified in that
requisition for a use authorized in Section 111.052, except that
the total of warrants issued during a state fiscal year may not
exceed the amount appropriated for that fiscal year. At the end of
each state fiscal year, the comptroller shall transfer to the
General Revenue Fund any unexpended balance in the comprehensive
rehabilitation fund that exceeds $500,000.
(c) The court costs remitted to the comptroller and
deposited in the state treasury pursuant to this section are
dedicated to the commission.
(d) Notwithstanding any other provision of this section,
any money in the comprehensive rehabilitation fund may be used for
general governmental purposes if:
(1) the comptroller certifies that appropriations
from general revenue made by the preceding legislature for the
current biennium exceed available general revenues and cash
balances for the remainder of that biennium;
(2) an estimate of anticipated revenues for a
succeeding biennium prepared by the comptroller in accordance with
Section 49a, Article III, Texas Constitution, is less than the
revenues that are estimated at the same time by the comptroller to
be available for the current biennium; or
(3) the Legislative Budget Board otherwise determines
that a state fiscal emergency exists that requires use of any money
in the fund for general governmental purposes.
Added by Acts 1991, 72nd Leg., ch. 101, § 2, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 142, § 11, eff. May 17,
1993; Acts 2003, 78th Leg., ch. 198, § 2.117, eff. Sept. 1,
2003.
§ 111.061. CONTRACT PAYMENT. The commission shall base
payment under a contract for vocational rehabilitation services on
outcome-based performance standards defined in the contract.
Added by Acts 1997, 75th Leg., ch. 928, § 1, eff. Jan. 1, 1998.
SUBCHAPTER D. VOCATIONAL REHABILITATION SERVICES
§ 111.070. PROVISION OF SERVICES. (a) The board by
rule shall establish and maintain guidelines for providing
vocational rehabilitation services that are consistent with state
and federal laws and regulations and that include:
(1) a system of organization for the delivery of
vocational rehabilitation services statewide;
(2) eligibility requirements for vocational
rehabilitation services;
(3) requirements for the rehabilitation planning
process;
(4) the types of services that may be provided to a
client through a vocational rehabilitation program; and
(5) requirements for client participation in the costs
of vocational rehabilitation services, including documentation
that a client has sought benefits for which the client is eligible
from sources other than the commission and that may assist the
client in obtaining vocational rehabilitation goods or services.
(b) The board shall annually assess the effectiveness of the
state's vocational rehabilitation program.
Added by Acts 1999, 76th Leg., ch. 393, § 23, eff. Sept. 1, 1999.
§ 111.071. TRAINING AND SUPERVISION OF
COUNSELORS. (a) The commission shall provide specific guidance
to vocational rehabilitation counselors in:
(1) selecting vocational objectives according to a
client's skills, experience, and knowledge;
(2) documenting a client's impediment to employment;
(3) selecting rehabilitation services that are
reasonable and necessary to achieve a client's vocational
objective;
(4) measuring client progress toward the vocational
objective, including the documented, periodic evaluation of the
client's rehabilitation and participation; and
(5) determining eligibility of employed and
unemployed applicants for rehabilitation services using criteria
defined by board rule to document whether a client is substantially
underemployed or at risk of losing employment.
(b) The board by rule shall require monitoring and oversight
of vocational rehabilitation counselor performance and decision
making in accordance with this section.
Added by Acts 1999, 76th Leg., ch. 393, § 23, eff. Sept. 1, 1999.
§ 111.072. CLIENT ORIENTATION MATERIALS. The
commission shall develop and distribute at intake client
orientation materials for the vocational rehabilitation program
that include information on the commission's decision-making
criteria.
Added by Acts 1999, 76th Leg., ch. 393, § 23, eff. Sept. 1, 1999.
