CHAPTER 111. TEXAS REHABILITATION COMMISSION
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
CHAPTER 111. TEXAS REHABILITATION COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142, Sec. 2,
eff. May 17, 1993.
Sec. 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, Sec. 2.116(b);
Acts 2003, 78th Leg., ch. 210, Sec. 2.
(8) "Board" means the board of the Texas Rehabilitation
Commission.
Acts 1979, 66th Leg., p. 2419, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 338, ch. 77,
Sec. 1, eff. Jan. 1, 1984; Acts 1985, 69th Leg., ch. 603, Sec.
23, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1052, Sec.
2.09, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 142, Sec. 3,
eff. May 17, 1993; Acts 1999, 76th Leg., ch. 393, Sec. 1, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.116(b), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 210, Sec. 2, eff. Sept.
1, 2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 479, Sec.
215, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 603, Sec. 22,
eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
4.09, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 393, Sec. 2,
eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 1,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 393, Sec. 3, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1170, Sec. 39.01, eff.
Sept. 1, 2003.
Sec. 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, Sec. 2, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 393, Sec. 4, eff.
Sept. 1, 1999.
Sec. 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, Sec. 5, eff. Sept. 1,
1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 3,
eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 4,
eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 5,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 142, Sec. 4, eff.
May 17, 1993; Acts 1999, 76th Leg., ch. 393, Sec. 6, eff. Sept.
1, 1999.
Sec. 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, Sec. 7, eff. Sept. 1,
1999.
Text of section as amended by Acts 1999, 76th Leg., ch. 393, Sec.
8.
Sec. 111.017. COMMISSIONER. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
8.146, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 393, Sec. 8,
eff. Sept. 1, 1999.
Text of section as amended by Acts 1999, 76th Leg., ch. 1460,
Sec. 2.14
Sec. 111.017. COMMISSIONER. (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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
8.146, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec.
2.14, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 6,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 393, Sec. 9, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1999, 76th Leg., ch. 393, Sec. 10,
eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142, Sec. 5,
eff. May 17, 1993.
Sec. 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, Sec. 6.03, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 7,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 393, Sec. 11, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1999, 76th Leg., ch. 393, Sec. 12,
eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1999, 76th Leg., ch. 393, Sec. 13,
eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1999, 76th Leg., ch. 393, Sec. 14,
eff. Sept. 1, 1999.
Sec. 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, Sec. 8, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(19),
eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 393, Sec. 15, eff.
Sept. 1, 1999.
Sec. 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, Sec. 9, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 393, Sec. 16, eff.
Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION
Sec. 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, Sec. 2.15, eff. Sept. 1,
1999.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142, Sec. 6,
eff. May 17, 1993.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 342, ch. 77,
Sec. 2, eff. Jan. 1, 1984; Acts 1993, 73rd Leg., ch. 142, Sec. 7,
eff. May 17, 1993; Acts 1999, 76th Leg., ch. 393, Sec. 17, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.116(a), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 210, Sec. 1, eff. Sept.
1, 2003.
Sec. 111.0525. COORDINATION WITH STATE AGENCIES. (a) Repealed
by Acts 2003, 78th Leg., ch. 198, Sec. 2.116(b); Acts 2003, 78th
Leg., ch. 210, Sec. 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) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),
eff. September 1, 2008.
Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.116(b), 2.132,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 210, Sec. 2, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.10, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 4.08, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 32(f), eff. September 1, 2008.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 343, ch. 77,
Sec. 3, eff. Jan. 1, 1984.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 10,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, Sec. 17, eff.
Sept. 1, 1989.
Sec. 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 comptroller, 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, Sec. 21, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.96, eff. September 1, 2007.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142, Sec. 9,
eff. May 17, 1993.
Sec. 111.058. CRIMINAL CONVICTION RECORD INFORMATION. (a) The
commission may obtain criminal conviction record information from
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 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, Sec. 7,
eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142,
Sec. 10, eff. May 17, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.118, eff. September 1, 2009.
Sec. 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, Sec. 22, eff. Sept. 1,
1999.
Sec. 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, Sec. 4, eff. Jan.
1, 1984.
Sec. 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 $1.5 million.
(c) The court costs remitted to the comptroller and deposited in
the state treasury pursuant to this section are dedicated to the
commission.
(d) Repealed by Acts 2005, 79th Leg., Ch. 25, Sec. 2, eff. May
9, 2005.
Added by Acts 1991, 72nd Leg., ch. 101, Sec. 2, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 142, Sec. 11, eff. May
17, 1993; Acts 2003, 78th Leg., ch. 198, Sec. 2.117, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
25, Sec. 1, eff. May 9, 2006.
Acts 2005, 79th Leg., Ch.
25, Sec. 2, eff. May 9, 2005.
Sec. 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, Sec. 1, eff. Jan. 1,
1998.
SUBCHAPTER D. VOCATIONAL REHABILITATION SERVICES
Sec. 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, Sec. 23, eff. Sept. 1,
1999.
Sec. 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, Sec. 23, eff. Sept. 1,
1999.
Sec. 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, Sec. 23, eff. Sept. 1,
1999.