CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT OF HUMAN SERVICES

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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