HUMAN RESOURCES CODE
CHAPTER 117. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 117.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Commissioner" means the commissioner of
assistive and rehabilitative services.
(3) "Council" means the Assistive and Rehabilitative
Services Council.
(4) "Department" means the Department of Assistive and
Rehabilitative Services.
(5) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.002. AGENCY. The department is an agency of the
state.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.003. SUNSET PROVISION. The department 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, 2009.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 117.021. ASSISTIVE AND REHABILITATIVE SERVICES
COUNCIL. (a) The Assistive and Rehabilitative Services Council is
created to assist the commissioner in developing rules and policies
for the department.
(b) The council is composed of nine members of the public
appointed by the governor with the advice and consent of the senate.
To be eligible for appointment to the council, a person must have
demonstrated an interest in and knowledge of problems and available
services related to early childhood intervention services or to
persons with disabilities other than developmental delay and mental
retardation and persons who are blind, deaf, or hard of hearing.
(c) The council shall study and make recommendations to the
executive commissioner and the commissioner regarding the
management and operation of the department, including policies and
rules governing the delivery of services to persons who are served
by the department and the rights and duties of persons who are
served or regulated by the department.
(d) Chapter 551, Government Code, applies to the council.
(e) Chapter 2110, Government Code, does not apply to the
council.
(f) A majority of the members of the council constitute a
quorum for the transaction of business.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.022. APPOINTMENTS. (a) Appointments to the
council shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) Appointments to the council shall be made so that each
geographic area of the state is represented on the council.
Notwithstanding Subsection (a), appointments to the council must
reflect the ethnic diversity of this state.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A
person who is appointed as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the council 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 council;
(2) the programs operated by the department;
(3) the role and functions of the department and the
council, including detailed information regarding:
(A) the division of authority and of
responsibility between the commissioner and the executive
commissioner; and
(B) the advisory responsibilities of the
council;
(4) the rules of the executive commissioner applicable
to the department, with an emphasis on the rules that relate to
disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(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
executive commissioner or the Texas Ethics Commission.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.024. TERMS. (a) Council members serve for
staggered six-year terms with the terms of three members expiring
February 1 of each odd-numbered year.
(b) A member of the council may not serve more than two
consecutive full terms as a council member.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.025. VACANCY. The governor by appointment shall
fill the unexpired term of a vacancy on the council.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.026. PRESIDING OFFICER; OTHER OFFICERS;
MEETINGS. (a) The governor shall designate a member of the
council as the presiding officer to serve in that capacity at the
pleasure of the governor.
(b) The members of the council shall elect any other
necessary officers.
(c) The council shall meet quarterly and at other times at
the call of the presiding officer. The council may hold meetings in
different areas of the state.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.027. REIMBURSEMENT FOR EXPENSES. A council member
may not receive compensation for service as a member of the council
but is entitled to reimbursement for travel expenses incurred by
the member while conducting the business of the council as provided
by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.028. PUBLIC INTEREST INFORMATION AND
COMPLAINTS. (a) The commissioner, with the advice of the council,
shall prepare information of public interest describing the
functions of the department and the procedures by which complaints
are filed with and resolved by the department. The commission shall
make the information available to the public and appropriate state
governmental entities.
(b) The executive commissioner by rule shall establish
methods by which consumers and service recipients are notified of
the name, mailing address, and telephone number of the department
for directing complaints to the department.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.029. PUBLIC ACCESS AND TESTIMONY. (a) The
commissioner shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the
commissioner and to speak on any issue under the jurisdiction of the
department.
(b) The commissioner shall grant an opportunity for a public
hearing before the council makes recommendations to the
commissioner regarding a substantive rule if a public hearing is
requested by:
(1) at least 25 persons;
(2) a governmental entity; or
(3) an association with at least 25 members.
(c) The executive commissioner shall consider fully all
written and oral submissions about a proposed rule.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.030. POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. The commissioner, with the advice of the
council and subject to the approval of the executive commissioner,
shall develop and the department shall implement policies that
clearly delineate the policymaking responsibilities of the
executive commissioner from the management responsibilities of the
commission, the commissioner, and the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.031. ANNUAL REPORT. (a) The commissioner shall
file annually with the governor, the presiding officer of each
house of the legislature, and the executive commissioner a complete
and detailed written report accounting for all funds received and
disbursed by the department during the preceding fiscal year.
(b) The annual report must be in the form and be reported in
the time provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.032. OFFICES. The department shall maintain its
central office in Austin. The department may maintain offices in
other areas of the state as necessary.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
SUBCHAPTER C. PERSONNEL
§ 117.051. COMMISSIONER. (a) The executive
commissioner shall appoint a commissioner of the department with
the approval of the governor. The commissioner is to be selected
according to education, training, experience, and demonstrated
ability.
(b) The commissioner serves at the pleasure of the executive
commissioner.
(c) Subject to the control of the executive commissioner,
the commissioner shall act as the department's chief administrative
officer and as a liaison between the department and commission.
(d) The commissioner shall administer this chapter under
operational policies established by the executive commissioner and
in accordance with the memorandum of understanding under Section
531.0055(k), Government Code, between the commissioner and the
executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.052. PERSONNEL. (a) The department may employ,
compensate, and prescribe the duties of personnel necessary and
suitable to administer this chapter.
(b) The executive commissioner shall prepare and by rule
adopt personnel standards.
(c) A personnel position may be filled only by an individual
selected and appointed on a nonpartisan, merit basis.
(d) The commissioner, with the advice of the council, shall
develop and the department shall implement policies that clearly
define the responsibilities of the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.053. INFORMATION ABOUT QUALIFICATIONS AND
STANDARDS OF CONDUCT. The commissioner or the commissioner's
designee shall provide to department employees, as often as
necessary, information regarding the requirements for employment
under this chapter or rules adopted by the executive commissioner,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
employees.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.054. MERIT PAY. Subject to rules adopted by the
executive commissioner, the commissioner or the commissioner's
designee shall develop a system of annual performance evaluations.
All merit pay for department employees must be given under the
system established under this section or under rules adopted by the
executive commissioner.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.055. CAREER LADDER. The commissioner or the
commissioner's designee shall develop an intra-agency career
ladder program. The program must require intra-agency postings of
all nonentry-level positions concurrently with any public posting.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.056. EQUAL EMPLOYMENT OPPORTUNITY
POLICY. (a) Subject to rules adopted by the executive
commissioner, 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.
(b) Unless the following are included in a policy statement
adopted by the executive commissioner that is applicable to the
department, 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 department 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 department's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.057. STATE EMPLOYEE INCENTIVE PROGRAM. The
commissioner or the commissioner's designee shall provide to
department employees information and training on the benefits and
methods of participation in the state employee incentive program.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
§ 117.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
department is responsible for administering human services
programs to provide early childhood intervention services and
rehabilitation and related services to persons who are blind, deaf,
or hard of hearing. The department is also responsible for
providing and coordinating programs for the rehabilitation of
persons with disabilities so that those persons may prepare for and
engage in a gainful occupation or achieve maximum personal
independence.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
§ 117.072. INFORMATION REGARDING COMPLAINTS. (a) The
department shall maintain a file on each written complaint filed
with the department. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
department;
(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 department closed the file without taking action other than
to investigate the complaint.
(b) The department shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the executive commissioner's and the department's policies
and procedures relating to complaint investigation and resolution.
(c) The department, 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 2003, 78th Leg., ch. 198, § 1.13.
§ 117.073. RULES. The executive commissioner may adopt
rules reasonably necessary for the department to administer this
chapter, consistent with the memorandum of understanding under
Section 531.0055(k), Government Code, between the commissioner and
the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, § 1.13.
