CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT OF HUMAN SERVICES
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE B. STRUCTURE AND FUNCTIONS OF DEPARTMENT OF HUMAN
SERVICES
CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT OF HUMAN
SERVICES
Sec. 21.001. DEPARTMENT OF HUMAN SERVICES. The Texas Department
of Human Services is composed of the Texas Board of Human
Services, the Commissioner of Human Services, and other officers
and employees required to efficiently carry out the purposes of
this title.
Acts 1979, 66th Leg., p. 2337, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 6,
eff. Aug. 26, 1985.
Sec. 21.002. SUNSET PROVISION. The Texas Department of Human
Services 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 title expires September 1,
2011, except that Chapter 40 expires as provided by Section
40.003.
Acts 1979, 66th Leg., p. 2337, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4199, ch. 667,
Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 264, Sec.
7, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 479, Sec. 209,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1052, Sec. 1.01(a),
eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
4.20, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec.
8.008, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 920, Sec. 5,
eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1449, Sec. 2.01,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1481, Sec. 5.01,
eff. Sept. 1, 2001.
Sec. 21.003. BOARD OF HUMAN SERVICES. (a) The Texas Board of
Human Services is responsible for the adoption of policies and
rules for the government of the department.
(b) The board is composed of five members appointed by the
governor with the advice and consent of the senate and
representing all geographic regions of the state. To qualify for
an appointment to the board, a person must have demonstrated an
interest in and knowledge of human services.
(c) Members of the board serve for staggered terms of six years
with the term of one or two members expiring on January 20 of
each odd-numbered year.
(d) The governor shall designate a member of the board as the
presiding officer of the board to serve in that capacity at the
pleasure of the governor.
(e) Three members of the board constitute a quorum for the
transaction of business.
(f) The board's office is in Austin in a building designated by
the State Purchasing and General Services Commission.
(g) While performing their duties board members are entitled to
per diem as prescribed by the General Appropriations Act.
(h) A person is not eligible for appointment to the board if the
person or the person's spouse:
(1) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the department;
(2) uses or receives a substantial amount of tangible goods,
services, or money from the department, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses;
(3) is registered, certified, or licensed by a regulatory agency
in the field of nursing facility administration or medical
permits; or
(4) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the department.
(i) Appointments to the board shall be made without regard to
the race, color, handicap, sex, religion, age, or national origin
of the appointees.
(j) A person may not be a member of the board or act as 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.
Acts 1979, 66th Leg., p. 2337, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4585, ch. 770,
Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 264, Sec.
8, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1052, Sec.
1.01(a), eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 1169, Sec.
1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, Sec.
21.01, eff. Sept. 1, 2003.
Sec. 21.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT.
(a) 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 human services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of human
services.
(b) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state, including a
nonprofit association, designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interests.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.02, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 1169, Sec. 2, eff.
Sept. 1, 2003.
Sec. 21.0032. GROUNDS FOR REMOVAL. (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 21.003;
(2) does not maintain during service on the board the
qualifications required by Section 21.003;
(3) is ineligible for membership under Section 21.003(h) or (j)
or under Section 21.0031;
(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 commissioner has knowledge that a potential ground
for removal exists, the commissioner 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
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 1987, 70th Leg., ch. 1052, Sec. 1.02, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 1169, Sec. 3, eff.
Sept. 1, 2003.
Sec. 21.004. COMMISSIONER. (a) The Commissioner of Human
Services is the executive and administrative officer of the
department. The commissioner exercises all rights, powers, and
duties imposed or conferred by law on the department unless the
right, power, or duty is specifically delegated by the
commissioner of health and human services to the department's
agents or employees.
(b) The commissioner is employed by the commissioner of health
and human services in accordance with Section 531.0056,
Government Code.
(c) To be eligible for employment as commissioner, a person must
be at least 35 years old, have had experience as an executive or
administrator, and not have served as an elected state officer as
defined by Chapter 572, Government Code, during the six-month
period preceding the date of the employment.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 925, ch. 340,
Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 264, Sec.
9, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1052, Sec. 1.03,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(38),
8.141, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec.
2.02, eff. Sept. 1, 1999.
Sec. 21.005. DIVISIONS OF DEPARTMENT; PERSONNEL. (a) The
commissioner may establish divisions within the department that
he considers necessary for effective administration and the
discharge of the department's functions.
(b) The commissioner may allocate and reallocate functions among
the divisions.
(c) The commissioner may employ personnel necessary for the
administration of the department's duties.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.0051. PERSONNEL POLICIES. (a) The board shall develop
and implement policies that clearly separate the policy-making
responsibilities of the board and the management responsibilities
of the commissioner and the staff of the department.
(b) The commissioner shall develop an intraagency career ladder
program, one part of which shall require the intraagency posting,
concurrently with any public posting, of all nonentry level
positions.
(c) 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 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 federal and state
law and a description of reasonable methods to achieve compliance
with federal and state law.
(d) Repealed by Acts 1995, 74th Leg., ch. 693, Sec. 23(1), eff.
Sept. 1, 1995.
(e) The board and department shall inform their members and
employees as often as is necessary of:
(1) the qualifications for office or employment prescribed by
this code; and
(2) their responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
(f) The policy statement under Subsection (c) must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (c)(1); and
(3) be filed with the governor's office.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.04, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 23(1), eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1169, Sec. 4, eff. Sept.
1, 2003.
Sec. 21.0052. MERIT PAY. The commissioner shall develop a
system under which the job performance of department employees is
evaluated annually. All merit pay for department employees must
be based on the system established under this section.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.04, eff. Sept. 1,
1987.
Sec. 21.006. LOCAL ADMINISTRATION. (a) The department shall
establish a system of local administration and employ personnel
necessary to carry out the purposes of this title in an
economical manner.
(b) The commissioner may provide for the appointment of local
boards to advise the local administrative units. The commissioner
shall determine the size of the boards and the qualifications of
the members. The functions of the boards may not conflict with or
duplicate the functions of other boards authorized by law to
advise the department.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.00605. REGIONAL BUSINESS PLANNING. (a) The department
shall develop a business plan for each service region that:
(1) addresses the department's statewide goals and states the
region's specific objectives and strategies to meet the goals;
(2) includes region-specific targets for client-centered outcome
measures; and
(3) requires regional administrators to report at least annually
to the state office on the region's progress in achieving the
goals and objectives contained in the region's business plan.
(b) The department shall develop standard client-centered
outcome measures and use the standard measures in all regional
business plans.
(c) The department must seek public input in the development of
regional business plans and regional strategies.
Added by Acts 2003, 78th Leg., ch. 1169, Sec. 6, eff. Sept. 1,
2003.
Sec. 21.0061. LIAISONS TO FAITH-BASED ORGANIZATIONS. (a) The
commissioner shall designate one department employee in each of
the department's administrative regions to serve as a liaison to
faith-based organizations in the region with the potential
ability to provide community services for the needy.
(b) The commissioner shall ensure that the primary function of
each employee designated as a liaison under this section is to:
(1) communicate with faith-based organizations regarding the
need for private community services to benefit persons in need of
assistance who would otherwise require financial or other
assistance under public programs administered by the department;
(2) promote the involvement of faith-based organizations in
working to meet community needs for assistance; and
(3) coordinate the department's efforts to promote involvement
of faith-based organizations in providing community services with
similar efforts of other state agencies.
Added by Acts 1999, 76th Leg., ch. 401, Sec. 1, eff. Aug. 30,
1999.
Sec. 21.007. 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.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.008. STAFF DEVELOPMENT. (a) The department may
establish staff development plans to assist employees in
obtaining the technical and professional education required to
administer the department's assistance programs more effectively
and efficiently and to provide improved services to the needy.
The plans must include a provision for granting paid educational
leave to selected employees.
(b) The department's plans must conform to the requirements of
the Department of Health, Education, and Welfare.
(c) The department may make payments for the paid educational
leave or other staff development plans in the form of grants or
stipends or by other methods.
(d) The cost of the staff development plans may be made out of
state and federal funds within the limits of appropriated funds.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.009. POLITICAL ACTIVITIES OF OFFICERS AND EMPLOYEES.
(a) An officer or employee of the department may not use his
official authority or influence or permit the use of the programs
administered by the department for the purpose of interfering
with or affecting the results of an election or for any political
purpose.
(b) An officer or employee of the department is subject to all
applicable federal restrictions on political activities. However,
an officer or employee retains the right to vote as he or she
pleases and may express his or her opinion as a citizen on all
political subjects.
(c) An officer or employee of the department who violates a
provision of this section is subject to discharge or suspension
or other disciplinary measures authorized by the department's
rules.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 1793, ch. 392,
Sec. 1, eff. Aug. 31, 1981.
Sec. 21.010. BUDGET. (a) The commissioner 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 allotted 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.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.011. REPORTS. (a) On or before December 31 of each
year the commissioner shall prepare and submit to the board a
full report on the operation and administration of the department
together with the commissioner's recommendations for changes. The
report must include information relating to the status of the
client-centered outcome measures developed by the department
under Section 21.00605(b) and the department's progress in
improving those outcome measures. The board shall submit the
report to the governor and the legislature.
(b) The department 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 department during the preceding fiscal year. The
form of the annual report and the reporting time are as provided
in the General Appropriations Act.
(c) The report required by Subsection (b) must include fees for
professional services or consultative services provided for the
general administration of the department but may not include:
(1) professional fees paid for routine or special examinations
for the purpose of determining eligibility of individuals for a
program administered by the department;
(2) professional fees for treatment, services, or care for
individual recipients; or
(3) fees for providing special needs or appliances for
individual recipients.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 18, Sec. 1,
eff. April 3, 1985; Acts 1987, 70th Leg., ch. 1052, Sec. 1.05,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 693, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1169, Sec. 7, eff. Sept.
1, 2003.
Sec. 21.012. CONFIDENTIALITY OF INFORMATION. (a) The
department shall establish and enforce reasonable rules governing
the custody, use, and preservation of the department's records,
papers, files, and communications. The department shall provide
safeguards which restrict the use or disclosure of information
concerning applicants for or recipients of the department's
assistance programs to purposes directly connected with the
administration of the programs.
(b) If under a provision of law lists of the names and addresses
of recipients of the department's assistance programs are
furnished to or held by a governmental agency other than the
department, that agency shall adopt rules necessary to prevent
the publication of the lists or the use of the lists for purposes
not directly connected with the administration of the assistance
programs.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.013. OATHS AND ACKNOWLEDGMENTS. A local representative
of the department who is responsible for investigating and
determining the eligibility of an applicant for assistance
authorized in this title may administer oaths and take
acknowledgments concerning all matters relating to the
administration of this title. The representative shall sign the
oaths or acknowledgments and indicate his or her position and
title but need not seal the instruments. The agent has the same
authority as a notary public coextensive with the limits of the
state for the purpose of administering the provisions of this
title.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 21.014. AUDITS. (a) The financial transactions of the
department are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
(b) The person employed by the department as inspector general
shall make reports to and consult with the chairman of the board
regarding:
(1) the selection of internal audit topics;
(2) the establishment of internal audit priorities; and
(3) the findings of each regular or special internal audit
initiative.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.06(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 16, eff.
Sept. 1, 1989.
Sec. 21.015. PUBLIC INFORMATION; COMPLAINTS. (a) The
department shall prepare information of public interest
describing the functions of the board and department and
describing the procedures by which complaints are filed with and
resolved by the board or department. The department shall make
the information available to the general public and appropriate
state agencies.
(b) The board by rule shall establish methods by which consumers
or service recipients are notified of the name, mailing address,
and telephone number of the department for the purpose of
directing complaints to the department. The department may
provide for the notification through inclusion of the
information:
(1) on each registration form, application, or written contract
for services of an individual or entity regulated by the
department under this code or of an entity the creation of which
is authorized by this title of this code;
(2) on a sign that is prominently displayed in the place of
business of each individual or entity regulated by the department
under this code or of each entity the creation of which is
authorized by this title of this code; or
(3) in a bill for service provided by an individual or entity
regulated by the department under this code or by an entity the
creation of which is authorized by this title of this code.
(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.
(d) 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
agency closed the file without taking action other than to
investigate the complaint.
(e) For the purpose of rules to be promulgated by the board
under Subsection (b) of this section the board may not require
persons licensed to practice medicine who provide professional
services to persons covered by Title XVIII or Title XIX of the
Social Security Act to comply with the notification requirements
of Subsection (b) of this section.
(f) 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 department's policies and procedures relating to
complaint investigation and resolution. The department may delay
providing the information to a person who is a subject of the
complaint if providing the information would jeopardize an
investigation.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.06(a), eff. Sept.
1, 1987. Amended by Acts 2003, 78th Leg., ch. 1169, Sec. 8, eff.
Sept. 1, 2003.
Sec. 21.016. PUBLIC TESTIMONY. 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.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.06(a), eff. Sept.
1, 1987. Amended by Acts 2003, 78th Leg., ch. 1169, Sec. 9, eff.
Sept. 1, 2003.
Sec. 21.018. POLICY ON TECHNOLOGICAL SOLUTIONS. The board shall
develop and implement a policy that requires the commissioner and
the staff of the department to research and propose appropriate
technological solutions to improve the ability of the department
to perform its mission. The technological solutions must include
measures to ensure that the public is able to easily find
information about the department through the Internet and that
persons who have a reason to use the department's services are
able to use the Internet to interact with the department and to
access any services that can be provided effectively through the
Internet. The policy shall also ensure that proposed
technological solutions are cost-effective and developed through
the department's planning processes.
Added by Acts 2003, 78th Leg., ch. 1169, Sec. 10, eff. Sept. 1,
2003.
Sec. 21.019. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION
PROCEDURES. (a) The board shall develop and implement a policy
to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
Added by Acts 2003, 78th Leg., ch. 1169, Sec. 10, eff. Sept. 1,
2003.