CHAPTER 111. TEXAS REHABILITATION COMMISSION

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-7-rehabilitation-of-individuals-with-disabilities > Chapter-111-texas-rehabilitation-commission

HUMAN RESOURCES CODE

TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES

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;

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;

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the commission.

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.

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;

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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