CHAPTER 91. TEXAS COMMISSION FOR THE BLIND
HUMAN RESOURCES CODE
TITLE 5. SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED
CHAPTER 91. TEXAS COMMISSION FOR THE BLIND
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 91.001. SUNSET PROVISION. The Texas Commission for the
Blind 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 effective
September 1, 2011.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 479, Sec.
213, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 793, Sec. 1,
eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
4.05, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 213, Sec. 1,
eff. Sept. 1, 1999.
Sec. 91.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission for the Blind.
(2) "Blind" means a person having not more than 20/200 visual
acuity in the better eye with correcting lenses or visual acuity
greater than 20/200 but with a limitation in the field of vision
such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
(3) "Child with visual impairments" means a child who is blind
or visually impaired or who has a visual condition that requires
treatment, psychological assistance counseling, or other
assistance that the commission can provide.
(4) "Visual handicap" includes blindness, an eye condition for
which there is a medical prognosis indicating that the condition
is of a progressive nature and may deteriorate either to
blindness or to a substantial loss of vision, and physical or
psychological handicaps that accompany or complement a disorder
or imperfection of the eye.
(5) "Visually impaired" means a visual acuity of not more than
20/70 in the better eye with correcting lenses, or visual acuity
greater than 20/70 but with a limitation in the field of vision
such that the widest diameter of the visual field subtends an
angle no greater than 30 degrees.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 2,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 213, Sec. 1, eff.
Sept. 1, 1999.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 91.011. TEXAS COMMISSION FOR THE BLIND. (a) The Texas
Commission for the Blind is composed of nine members appointed by
the governor with the consent of the senate. Except as provided
by this subsection, appointments to the commission shall be made
without regard to the race, color, disability, sex, religion,
age, or national origin of the appointees. Five members must be
blind or visually impaired residents of the state, one member
must be a family member, relative, or guardian of a blind or
visually impaired resident of the state, and three members must
be members of the general public. 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 the commission
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 commission or receiving funds from the
commission; or
(3) uses or receives a substantial amount of tangible goods,
services, or funds from the commission.
(b) A person may not be a member of the commission and may not
be a commission employee 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 service provision to
persons who are blind or visually impaired or a field that
otherwise relates to persons who are blind or visually impaired;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of service
provision to persons who are blind or visually impaired or a
field that otherwise relates to persons who are blind or visually
impaired.
In this subsection "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.
(c) A person may not be a member of the commission or act as the
general counsel to 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.
(d) Members of the commission hold office for terms of six years
with the terms of three members expiring on February 1 of
odd-numbered years.
(e) Commission members and consumer advisory committee members
are entitled to a per diem, set by the General Appropriations
Act, for each day of attendance at an official meeting as
authorized by the commission. Commission members are entitled to
reimbursement for necessary expenses of travel on official
business. Consumer advisory committee members are entitled to
reimbursement for travel expenses in the same manner as state
employees. A commission member or consumer advisory committee
member who is disabled and, because of the disability, requires
special aids or a travel attendant in order to attend an official
meeting is entitled to reimbursement for the cost of the special
aids or attendant in accordance with rules set by the commission.
(f) The governor shall designate a member of the commission to
serve as presiding officer, and the officer shall serve at the
governor's pleasure.
(g) Five members of the commission constitute a quorum for the
transaction of business.
(h) The commission shall adopt rules prescribing the policies
and procedures followed by the commission in the administration
of its programs.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842,
art. 2, Sec. 11, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p.
2831, ch. 484, art. II, Sec. 3, eff. June 19, 1983; Acts 1985,
69th Leg., ch. 793, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th
Leg., ch. 167, Sec. 2.19(17), eff. Sept. 1, 1987; Acts 1999, 76th
Leg., ch. 213, Sec. 1, eff. Sept. 1, 1999.
Sec. 91.012. EXECUTIVE DIRECTOR. (a) The commissioner of
health and human services shall employ an executive director in
accordance with Section 531.0056, Government Code.
(b) The commissioner of health and human services shall select
the executive director, according to established personnel
standards, on the basis of education, training, experience, and
demonstrated ability.
(c) The executive director shall adopt personnel policies.
(d) The executive director:
(1) shall appoint personnel necessary to efficiently accomplish
commission purposes;
(2) may delegate to an employee a power of the executive
director except the power to adopt rules or appoint personnel;
(3) shall establish appropriate administrative units within
commission programs;
(4) may accept and use gifts and grants to the commission to
carry out the purposes of this title, if the commission
determines that the conditions of the gift or grant are
consistent with this title; and
(5) may take other actions that the executive director considers
necessary or appropriate to carry out commission purposes.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 4,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 8.144,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 693, Sec. 7, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 213, Sec. 2, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1460, Sec. 2.10, eff. Sept. 1,
1999.
Sec. 91.013. AUDIT. 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. 2397, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 5,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, Sec. 14, eff.
Sept. 1, 1989.
Sec. 91.014. FUNDS. (a) All sums of money paid to the
commission under this title shall be deposited in the State
Treasury and may be used only for the administration of this
title.
(b) Interest earned on funds deposited in the State Treasury
from gifts and grants received by the commission under Section
91.012 of this code and from proceeds from the operation of
vending facilities under Chapter 94 of this code shall be
credited to the fund on which the interest is earned.
Added by Acts 1983, 68th Leg., p. 3821, ch. 594, Sec. 1, eff.
June 19, 1983. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 6,
eff. Sept. 1, 1985.
Sec. 91.015. REMOVAL OF COMMISSION MEMBER. (a) It is a ground
for removal from the commission if a member:
(1) does not have at the time of appointment the qualifications
required by Subsection (a) of Section 91.011 of this code for
appointment to the commission;
(2) does not maintain during the service on the commission the
qualifications required by Subsection (a) of Section 91.011 of
this code for appointment to the commission;
(3) violates a prohibition established by Subsection (b) of
Section 91.011 of this code;
(4) is unable to discharge his duties for a substantial portion
of the term for which he was appointed because of illness or
disability; or
(5) is absent from more than half of the regularly scheduled
commission meetings which the member is eligible to attend during
each calendar year, except when the absence is excused by
majority vote of the commission.
(b) The validity of an action of the commission is not affected
by the fact that it was taken when a ground for removal of a
member of the commission existed.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the commission 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 commission, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 7, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 3, eff.
Sept. 1, 1999.
Sec. 91.016. PERSONNEL POLICIES. (a) The executive director or
his designee shall develop an intraagency career ladder program,
one part of which shall require the intraagency posting of all
nonentry level positions concurrently with any public posting.
(b) The executive director or his designee shall develop a
system of annual performance evaluations based on measurable job
tasks. All merit pay for commission employees must be based on
the system established under this section.
(c) The executive director or the executive director's designee
shall provide to members and employees of the commission as often
as is necessary information regarding their qualifications under
this title and their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(d) The commission shall develop and implement policies which
clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
(e) The commission by rule may develop and implement policies
allowing shift differentials to be paid to employees in the
vocational rehabilitation program.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 8, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 4, eff.
Sept. 1, 1999.
Sec. 91.0165. CRIMINAL HISTORY RECORD INFORMATION. (a) The
commission may obtain from any law enforcement or criminal
justice agency the criminal history record information that
relates to a person applying to become an employee of the
commission.
(b) The commission by rule shall establish criteria for denying
a person's employment application based on the results of a
criminal history check.
Added by Acts 1999, 76th Leg., ch. 213, Sec. 5, eff. Sept. 1,
1999.
Sec. 91.017. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a)
The executive director or the executive director's designee
shall prepare and maintain a written policy statement to ensure
that 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, 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.
(b) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (a)(1); and
(3) be filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 9, eff. Sept. 1,
1985. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 23(1), eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 213, Sec. 5, eff. Sept.
1, 1999.
Sec. 91.018. RELATIONS WITH PUBLIC. (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 promulgate rules establishing methods
by which consumers or 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
for services of a person or entity regulated or authorized by
this title;
(2) on a sign that is prominently displayed in the place of
business of each person or entity regulated or authorized by this
title; or
(3) in a bill for service provided by a person or entity
regulated or authorized by this title.
(c) Except as required by federal regulations for resolving
complaints received from people who are receiving service from
the commission, 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, 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 complaint unless the notice would jeopardize an undercover
investigation.
(e) 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.
(f) The commission shall develop and implement policies that
will provide the public with a reasonable opportunity to appear
before the commission and to speak on any issue under the
jurisdiction of the commission.
(g) The commission shall establish a consumer advisory committee
and adopt rules relating to the committee's size, geographical
representation, meetings, duties, and reporting requirements.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 10, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 5, eff.
Sept. 1, 1999.
Sec. 91.019. REPORT; POSTING OF REPORT AND PERFORMANCE DATA.
(a) The commission 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.
(b) The commission shall post on the Internet in an accessible
format the report 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 contain
confidential information, the commission shall remove the
confidential information before posting the report or performance
data.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 11, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 6, eff.
Sept. 1, 1999.
Sec. 91.020. TRAINING OF COMMISSION MEMBERS. (a) A person who
is appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission 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;
(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 commission 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. 213, Sec. 7, eff. Sept. 1,
1999.
SUBCHAPTER C. GENERAL POWERS AND DUTIES OF THE COMMISSION
Sec. 91.0205. 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 commission and
executive director as provided by Section 531.0055, Government
Code. To the extent a power or duty given to the commission 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, Sec. 2.11, eff. Sept. 1,
1999.
Sec. 91.021. RESPONSIBILITY FOR VISUALLY HANDICAPPED PERSONS.
(a) The commission has primary responsibility for providing all
services to visually handicapped persons except welfare services
and services for children provided by regularly established
educational agencies and state authorities.
(b) The commission shall negotiate interagency agreements with
other state agencies to provide services for individuals who have
both a visual handicap and another handicapping condition so that
those multiply handicapped individuals may be provided the most
beneficial services with the greatest possible economy.
(c) The commission and other concerned state agencies may not
refuse to enter an interagency agreement developed to advance the
state's policies regarding the rehabilitation or education of the
blind and visually handicapped. In negotiating the agreements the
agencies shall seek to extend and improve the regular services
provided by the agencies and to effectively use all specialty and
fiscal resources that are available. The agencies shall give
careful consideration to avoiding unnecessary duplication or
overlap of their respective efforts.
(d) The commission shall enter into agreements with the federal
government to implement federal legislation authorizing the
provision of services to the visually handicapped. The commission
shall adopt methods of administration required by the federal
government for the proper and efficient implementation of the
agreements, and shall comply with other federal requirements
necessary to secure the full benefits of the federal legislation.
(e) The commission and other concerned state agencies may not
refuse to enter interagency agreements designed to secure the
full benefits of federal legislation authorizing services for the
visually handicapped.
(f) The commission shall:
(1) serve as an information center and referral resource for the
visually handicapped; and
(2) develop mechanisms and procedures that tend to assist
visually handicapped individuals in bridging gaps between
educational, institutional, rehabilitative, vocational, and
related types of services operated by public and private
nonprofit organizations throughout the state.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),
eff. September 1, 2008.
Acts 1979, 66th Leg., p. 2397, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842,
art. 2, Sec. 12, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch.
793, Sec. 12, eff. Sept. 1, 1985; Acts 2003, 78th Leg., ch. 198,
Sec. 2.130, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325,
Sec. 13.08, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 4.06, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 32(f), eff. September 1, 2008.
Sec. 91.022. SERVICE DELIVERY. (a) The commission shall
establish and maintain, by rule, guidelines for the delivery of
services by the commission. The guidelines must be consistent
with state and federal law and regulations and must include rules
relating to:
(1) oversight and monitoring of service delivery;
(2) guidance to counselors on service delivery procedures;
(3) case management benchmarks establishing reasonable time
frames for service delivery; and
(4) financial planning information for the commission.
(b) The commission shall establish written procedures relating
to the evaluation of services delivered by the commission to
provide guidance to counselors and commission employees. These
procedures must include methods to evaluate:
(1) client progress;
(2) service delivery effectiveness; and
(3) counselor performance.
Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1,
1999.
Sec. 91.023. REHABILITATION SERVICES. The commission may
furnish materials, tools, books, and other necessary apparatus
and assistance for use in rehabilitating blind and visually
handicapped persons.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 91.027. BLINDNESS EDUCATION, SCREENING, AND TREATMENT
PROGRAM. (a) To the extent that funds are available under
Sections 521.421(j) and 521.422(b), Transportation Code, the
commission shall operate a Blindness Education, Screening, and
Treatment Program to provide:
(1) blindness prevention education and screening and treatment
to prevent blindness for residents who are not covered under an
adequate health benefit plan; and
(2) transition services to blind disabled individuals eligible
for vocational rehabilitation services under Section 91.052.
(b) The program shall include:
(1) public education about blindness and other eye conditions;
(2) screenings and eye examinations to identify conditions that
may cause blindness;
(3) treatment procedures necessary to prevent blindness; and
(4) transition services.
(c) The commission by rule shall prescribe eligibility
requirements for the program.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 510, Sec. 1,
eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.115(a),
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1140, Sec. 1, eff.
June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(11), eff. September 1, 2009.
Sec. 91.028. SERVICES FOR CHILDREN WITH VISUAL IMPAIRMENTS. (a)
The commission may provide services to children with visual
impairments to supplement the services provided by other state
agencies if the commission determines that the provision of the
services is appropriate and that the services will assist the
children in achieving financial self-sufficiency and a fuller and
richer life. It is the intention of the legislature that all
state agencies concerned with children with visual impairments
cooperate fully to achieve this purpose.
(b) The commission shall establish, by rule, the income level at
which the Medicaid eligibility of a client applying for services
under Subsection (a) shall be verified.
(c) The commission shall verify the Medicaid eligibility of a
client applying for services under Subsection (a) whose income
level is equal to or less than the income level established by
the commission under Subsection (b).
(d) The commission shall verify the Medicaid eligibility of a
client who is required by the commission to apply for Medicaid
not later than the 90th day after the date the application for
services from the commission is made.
(e) In verifying Medicaid eligibility, an employee of the
commission shall:
(1) examine appropriate state or private Medicaid eligibility
databases; and
(2) record on each client's application for services whether
Medicaid eligibility was verified, the source of the
verification, and the date of the verification.
(f) Except as provided by Subsection (g), a person may not
solicit, disclose, receive, use, or knowingly permit the use of
records or other information concerning an applicant for or
recipient of children's program services that is directly or
indirectly acquired by an officer or employee of the state or its
political subdivisions in the course of the officer's or
employee's official duties.
(g) A person may use the information provided under Subsection
(f) in accordance with commission rules, only for purposes
directly connected with the administration of the children's
program and for the investigation of a complaint filed against an
agency, employee, or contracted provider of services.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 8,
eff. Sept. 1, 1999.
Sec. 91.0301. LOANS FOR VISUAL AIDS. (a) The commission may
establish a program to make loans to finance the purchase of
technological aids for visually handicapped persons. Interest on
the loans may not exceed 10 percent a year.
(b) The executive director may promulgate rules to administer
the loan program, subject to approval of the commission.
Added by Acts 1981, 67th Leg., p. 317, ch. 126, Sec. 2, eff.
Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 13,
eff. Sept. 1, 1985.
Sec. 91.031. CONTRACTS FOR SERVICE. (a) The commission shall
include in its contracts with service providers provisions
relating to:
(1) clearly defined and measurable program performance standards
that directly relate to the service provided;
(2) clearly defined penalties for nonperformance of a contract
term; and
(3) clearly specified accounting, reporting, and auditing
requirements applicable to money received under the contract.
(b) The commission shall monitor a service provider's
performance under a contract for service. In monitoring
performance, the commission shall:
(1) use a risk-assessment methodology to institute statewide
monitoring of contract compliance of service providers; and
(2) evaluate service providers based on clearly defined and
measurable program performance objectives.
Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1,
1999.
Sec. 91.032. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The commission
shall include in a contract with a supplier of adaptive
technology equipment provisions that require the supplier to
provide training for clients receiving the adaptive technology
equipment.
Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1,
1999.
SUBCHAPTER D. VOCATIONAL REHABILITATION OF THE BLIND
Sec. 91.051. DEFINITIONS. In this subchapter:
(1) "Program" means the vocational rehabilitation program
authorized in this subchapter.
(2) Repealed by Acts 1985, 69th Leg., ch. 793, Sec. 38, eff.
Sept. 1, 1985.
(3) "Employment handicap" means a physical or mental condition
that obstructs or impairs, or if not corrected will probably
obstruct or impair, an individual's performance in an occupation.
(4) "Disabled individual" means a person who has a substantial
employment handicap.
(5) "Blind disabled individual" means a person who is blind or
who has a visual condition for which medical prognosis indicates
a progressive deterioration that may result in a substantial
vocational handicap.
(6) "Vocational rehabilitation" or "vocational rehabilitation
services" means services that are provided directly by the
commission or through a public or private agency and that the
director determines are necessary to compensate a blind disabled
individual for an employment handicap so that the individual may
engage in a remunerative occupation. The terms include, but are
not limited to, medical and vocational diagnosis; vocational
guidance, counseling, and placement; rehabilitation training;
physical restoration; transportation; occupational licenses;
customary occupational tools and equipment; maintenance; training
books and materials; and other goods and services for which the
commission receives financial support under federal law.
(7) "Rehabilitation training" means all necessary training
provided to a blind disabled individual to compensate for an
employment handicap. The term includes, but is not limited to,
manual, preconditioning, prevocational, vocational, and
supplementary training and training to achieve broader and more
lucrative skills and capacities.
(8) "Physical restoration" means medical, surgical, or
therapeutic treatment necessary to correct or substantially
reduce a blind disabled individual's employment handicap within a
reasonable period of time. The term includes, but is not limited
to, medical, surgical, dental, and psychiatric treatment, nursing
services, hospital care, convalescent home care, drugs, medical
and surgical supplies, and prosthetic appliances. The term
excludes treatment to cure acute or transitory conditions.
(9) "Prosthetic appliance" means an artificial device necessary
to support or replace a part of the body or to increase the
acuity of a sensory organ.
(10) "Occupational license" means a license, permit, or other
written authorization required by a governmental unit as a
condition for engaging in an occupation.
(11) "Maintenance" means money payments not exceeding the
estimated cost of subsistence during vocational rehabilitation.
(12) Repealed by Acts 1985, 69th Leg., ch. 793, Sec. 38, eff.
Sept. 1, 1985.
Acts 1979, 66th Leg., p. 2399, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 38,
eff. Sept. 1, 1985.
Sec. 91.052. VOCATIONAL REHABILITATION PROGRAM FOR THE BLIND.
(a) The commission shall conduct a program to provide vocational
rehabilitation services to eligible blind disabled individuals.
(b) To achieve the purposes of the program, the commission may:
(1) cooperate with other public and private agencies in studying
the problems involved in providing vocational rehabilitation and
in establishing, developing, and providing necessary or desirable
facilities and services;
(2) enter reciprocal agreements with other states to provide
vocational rehabilitation for the residents of the states
concerned; and
(3) conduct research and compile statistics relating to the
vocational rehabilitation of blind disabled individuals.
Acts 1979, 66th Leg., p. 2400, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 91.053. COOPERATION WITH FEDERAL GOVERNMENT. (a) The
commission shall cooperate with the federal government to
accomplish the purposes of federal laws relating to vocational
rehabilitation and closely related activities.
(b) The commission shall negotiate agreements or plans with the
federal government and shall adopt efficient methods of
administration and comply with other conditions required to
secure the full benefits of the federal laws. If the commission
determines that a provision of state law precludes conformity
with a federal requirement and limits federal financial support,
the commission:
(1) may waive or modify the state law to the extent necessary to
obtain the full benefits of the federal law; and
(2) shall include in the report required by Section 91.019 a
description of the manner in which state law conflicts with
federal law.
(c) In adopting the methods of administration, the commission
shall include a system of necessary staffing patterns, personnel
administration, and employee compensation comparable to the
systems used by state agencies that receive substantial federal
financial support. However, the commission may not employ
personnel or adopt a system of merit pay that is not authorized
in the commission's state appropriation unless the commission
certifies to the state auditor that the commission's action is
necessary to accomplish its statutory purposes and that the
action will not be financed with state funds. The commission
shall submit financial information required by the state auditor
to support the certification.
Acts 1979, 66th Leg., p. 2400, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 8,
eff. Sept. 1, 1995.
Sec. 91.055. ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES.
The commission shall provide vocational rehabilitation services
to a blind disabled individual eligible for those services under
federal law.
Acts 1979, 66th Leg., p. 2401, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 14,
eff. Sept. 1, 1985.
Sec. 91.056. RECEIPT AND DISBURSEMENT OF FUNDS. (a) The
comptroller is custodian of federal funds received by the state
to implement federal law relating to vocational rehabilitation.
(b) The executive director shall certify for disbursement funds
available for the vocational rehabilitation program in accordance
with regulations.
(c) The comptroller shall disburse state and federal vocational
rehabilitation funds on certification by the executive director.
Acts 1979, 66th Leg., p. 2401, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 15,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1423, Sec. 9.03,
eff. Sept. 1, 1997.
Sec. 91.058. HEARINGS. An applicant for or recipient of
vocational rehabilitation services who is aggrieved by an action
or inaction under the program is entitled to a hearing by the
commission in accordance with law.
Acts 1979, 66th Leg., p. 2402, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 91.059. MISUSE OF INFORMATION. Except for purposes
directly connected with the administration of the vocational
rehabilitation program and according to commission rules, no
person may solicit, disclose, receive, use, or knowingly permit
the use of records or other information concerning an applicant
for or recipient of vocational rehabilitation services that is
directly or indirectly acquired by an officer or employee of the
state or its political subdivisions in the course of his or her
official duties.
Acts 1979, 66th Leg., p. 2402, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 16,
eff. Sept. 1, 1985.
SUBCHAPTER E. CENTRAL MEDIA DEPOSITORY
Sec. 91.081. PURPOSE. (a) The purpose of this subchapter is to
establish a comprehensive central state depository for braille,
large print, slow speed records and machines, tape recordings and
tape players, and related forms of media that will enable the
Texas State Library, the Texas Education Agency, the Texas
Commission for the Blind, volunteer organizations involved in the
production of braille or recorded materials for the blind, the
Library of Congress, and related types of organizations to work
together more closely and effectively.
(b) It is the intent of this subchapter to allow various
agencies and organizations interested in or responsible for such
services to work together cooperatively in one facility without
requiring one central management.
Renumbered from Sec. 92.051 by Acts 1979, 66th Leg., p. 2438, ch.
842, art. 2, Sec. 15, eff. Sept. 1, 1979; Amended by Acts 1985,
69th Leg., ch. 793, Sec. 17, eff. Sept. 1, 1985. Amended by Acts
1997, 75th Leg., ch. 165, Sec. 6.64, eff. Sept. 1, 1997.
Sec. 91.082. ESTABLISHMENT OF CENTRAL MEDIA DEPOSITORY. (a)
The Texas State Library and Archives Commission shall generally
supervise the establishment and operation of a central media
depository in Austin to house materials and devices required by
blind and visually handicapped individuals or by other
individuals who are unable to use ordinary printed materials.
(b) With the approval of the library and archives commission,
the agencies and organizations maintaining and operating the
central media depository shall develop and periodically evaluate
and modify specific arrangements for administrative support,
sharing of staff and equipment, and related matters involved in
the operation of the program.
Renumbered from Sec. 92.052 and amended by Acts 1979, 66th Leg.,
p. 2438, ch. 842, art. 2, Sec. 15, eff. Sept. 1, 1979.
Sec. 91.083. ANCILLARY SERVICES. The library and archives
commission shall allow the central media depository to be used
for the repair of special media and equipment required by
individuals who are unable to use ordinary print and for research
and demonstration, training, and the production of materials in
special media by volunteer organizations.
Renumbered from Sec. 92.053 and amended by Acts 1979, 66th Leg.,
p. 2438, ch. 842, art. 2, Sec. 15, eff. Sept. 1, 1979.
Sec. 91.084. FUNDING. The cost of establishing and operating
the central media depository shall be paid with:
(1) funds appropriated by the legislature for that purpose;
(2) gifts, grants, bequests, and donations received by
cooperating agencies for the establishment and support of the
depository;
(3) reasonable fees customarily charged for services by the
agencies and organizations using or occupying the facility; and
(4) funds budgeted by the cooperating agencies and organizations
for that purpose pursuant to interagency contracts and
agreements.
Renumbered from Sec. 92.054 by Acts 1979, 66th Leg., p. 2438, ch.
842, art. 2, Sec. 15, eff. Sept. 1, 1979.