Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL

TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL (21)(1-click HTML)

SUBTITLE A. GENERAL PROVISIONS (22)(1-click HTML)

CHAPTER 11. GENERAL PROVISIONS (23)(1-click HTML)
Sec. 11.001. DEFINITIONS. (24)(1-click HTML)

In this title: (25)

(1) "Assistance" means all forms of assistance and services for needy persons authorized by Subtitle C. (26)

(2) "Commission" means the Health and Human Services Commission. (27)

(3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (28)

(4) "Financial assistance" means money payments for needy persons authorized by Chapter 31. (29)

(5) "Medical assistance" means assistance for needy persons authorized by Chapter 32. (30)

Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 5, eff. Aug. 26, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 8.012, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 920, Sec. 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 980, Sec. 50, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1505, Sec. 2.01, eff. Sept. 1, 2005. (31)

Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff. Sept. 1, 2003. (32)

Amended by: (33)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015. (34)

Sec. 11.002. PURPOSE OF TITLE; CONSTRUCTION. (35)(1-click HTML)

(a) The purpose of this title is to establish a program of social security to provide necessary and prompt assistance to the citizens of this state who are entitled to avail themselves of its provisions. (36)

(b) This title shall be liberally construed in order that its purposes may be accomplished as equitably, economically, and expeditiously as possible. (37)

Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (38)

Amended by: (39)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015. (40)

Sec. 11.003. RESPONSIBILITY OF COUNTIES AND MUNICIPALITIES NOT AFFECTED. (41)(1-click HTML)

No provision of this title is intended to release the counties and municipalities in this state from the specific responsibilities they have with regard to the support of public welfare, child welfare, and relief services. Funds which the counties and municipalities may appropriate for the support of those programs may be administered through the local or regional offices of the commission or Department of Aging and Disability Services, and if administered in that manner must be devoted exclusively to the programs in the county or municipality making the appropriation. (42)

Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (43)

Amended by: (44)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015. (45)

Sec. 11.004. POWERS AND FUNCTIONS NOT AFFECTED. (46)(1-click HTML)

The provisions of this title are not intended to interfere with the powers and functions of the commission, the health and human services agencies, as defined by Section 531.001, Government Code, or county juvenile boards. (47)

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 19, eff. Sept. 1, 1985. (48)

Amended by: (49)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015. (50)

CHAPTER 12. PENAL PROVISIONS (51)(1-click HTML)
Sec. 12.001. PROHIBITED ACTIVITIES. (52)(1-click HTML)

(a) A person who is not licensed to practice law in Texas commits an offense if the person charges a fee for representing or aiding an applicant or recipient in procuring assistance from the state agency administering the assistance. (53)

(b) A person commits an offense if the person advertises, holds himself or herself out for, or solicits the procurement of assistance from the state agency administering the assistance. (54)

(c) An offense under this section is a Class A misdemeanor. (55)

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (56)

Amended by: (57)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.003, eff. April 2, 2015. (58)

Sec. 12.002. UNLAWFUL USE OF FUNDS. (59)(1-click HTML)

(a) A person charged with the duty or responsibility of administering, disbursing, auditing, or otherwise handling the grants, funds, or money provided for in this title commits an offense if the person misappropriates the grants, funds, or money or by deception or fraud wrongfully distributes the grants, funds, or money to any person. (60)

(b) An offense under this section is a felony punishable by confinement in the Texas Department of Criminal Justice for a term of not less than two or more than seven years. (61)

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (62)

Amended by: (63)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.113, eff. September 1, 2009. (64)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.003, eff. April 2, 2015. (65)

Sec. 12.003. DISCLOSURE OF INFORMATION PROHIBITED. (66)(1-click HTML)

(a) Except for purposes directly connected with the administration of the assistance programs of the commission or Department of Aging and Disability Services, as applicable, it is an offense for a person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of the names of, or any information concerning, persons applying for or receiving assistance if the information is directly or indirectly derived from the records, papers, files, or communications of the commission or department or acquired by employees of the commission or department in the performance of their official duties. (67)

(b) An offense under this section is a Class A misdemeanor. (68)

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (69)

Amended by: (70)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.003, eff. April 2, 2015. (71)

SUBTITLE B. ADMINISTRATIVE PROVISIONS AND GENERAL FUNCTIONS RELATING TO HUMAN SERVICES (72)(1-click HTML)

CHAPTER 21. ADMINISTRATIVE PROVISIONS RELATING TO AGENCIES ADMINISTERING ASSISTANCE PROGRAMS (73)(1-click HTML)
Sec. 21.011. ANNUAL REPORT ON DEPARTMENT OF AGING AND DISABILITY SERVICES. (74)(1-click HTML)

On or before December 31 of each year the Department of Aging and Disability Services shall prepare and submit to the commission a full report on the operation and administration of the department under this title together with the department's recommendations for changes. The commission shall submit the report to the governor and the legislature. (75)

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. (76)

Amended by: (77)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(101), eff. June 17, 2011. (78)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.007, eff. April 2, 2015. (79)

Sec. 21.012. CONFIDENTIALITY OF INFORMATION. (80)(1-click HTML)

(a) The executive commissioner shall establish reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the commission and the Department of Aging and Disability Services under this title. The commission and the department shall: (81)

(1) enforce the agency's rules; and (82)

(2) provide safeguards which restrict the use or disclosure of information concerning applicants for or recipients of the commission's and the department's assistance programs to purposes directly connected with the administration of the programs. (83)

(b) If under a provision of law lists of the names and addresses of recipients of the commission's or the department's assistance programs are furnished to or held by a governmental agency other than the commission or the department, that agency or the person with responsibility for adopting rules for 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. (84)

Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (85)

Amended by: (86)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.007, eff. April 2, 2015. (87)

Sec. 21.013. OATHS AND ACKNOWLEDGMENTS. (88)(1-click HTML)

A local representative of the commission or the Department of Aging and Disability Services 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 the representative's position and title but need not seal the instruments. The representative 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. (89)

Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (90)

Amended by: (91)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.007, eff. April 2, 2015. (92)

CHAPTER 22. GENERAL FUNCTIONS RELATING TO HUMAN SERVICES (93)(1-click HTML)
Sec. 22.0001. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. (94)(1-click HTML)

To the extent a power or duty given to the commissioner of aging and disability services by this title or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls. (95)

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.03, eff. Sept. 1, 1999. (96)

Amended by: (97)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.009, eff. April 2, 2015. (98)

Sec. 22.001. GENERAL POWERS AND DUTIES OF COMMISSION. (99)(1-click HTML)

(a) The executive commissioner is responsible for supervising the administration of the welfare functions authorized in this title. (100)

(b) The commission shall administer medical assistance to needy persons and financial and medical assistance to families with dependent children. (101)

(b-1) The executive commissioner shall supervise general relief services. (102)

(c) The commission shall assist other governmental agencies in performing services in conformity with the purposes of this title when so requested and shall cooperate with the agencies when expedient. (103)

(d) The commission shall conduct research and compile statistics on public welfare programs in the state. The research must include all phases of dependency and delinquency and related problems. The commission shall cooperate with other public and private agencies in developing plans for the prevention and treatment of conditions giving rise to public welfare problems. (104)

Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 1.07, 1.08, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 747, Sec. 61(3), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.013, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 162, Sec. 1, eff. May 27, 2003; Acts 2003, 78th Leg., ch. 198, Sec. 2.129, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.06, eff. Sept. 1, 2003. (105)

Amended by: (106)

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 4.04, eff. June 14, 2005. (107)

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(54), eff. September 1, 2005. (108)

Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 32(f), eff. September 1, 2008. (109)

Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 3, eff. June 14, 2013. (110)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.010, eff. April 2, 2015. (111)

Sec. 22.0011. DEFINITIONS. (112)(1-click HTML)

In this chapter: (113)

(1) "Department" means the Department of Aging and Disability Services. (114)

(2) "Long-term care services" means the provision of personal care and assistance related to health and social services given episodically or over a sustained period to assist individuals of all ages and their families to achieve the highest level of functioning possible, regardless of the setting in which the assistance is given. (115)

Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.02, eff. Sept. 1, 1999. (116)

Amended by: (117)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.011, eff. April 2, 2015. (118)

Sec. 22.0015. EVALUATION AND IMPROVEMENT OF PROGRAMS. (119)(1-click HTML)

The commission and the department shall conduct research, analysis, and reporting of the programs administered by each agency under this title to evaluate and improve the programs. The commission and the department may contract with one or more independent entities to assist the commission or the department, as applicable, with the research, analysis, and reporting required by this section. (120)

Added by Acts 1997, 75th Leg., ch. 323, Sec. 1, eff. Sept. 1, 1997. (121)

Amended by: (122)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.011, eff. April 2, 2015. (123)

Sec. 22.002. ADMINISTRATION OF FEDERAL WELFARE PROGRAMS. (124)(1-click HTML)

(a) The commission is the state agency designated to cooperate with the federal government in the administration of Titles IV, XIX, and XX of the federal Social Security Act. The commission shall administer other titles added to the act after January 1, 1979, unless another state agency is designated by law to perform the additional functions. The commission shall cooperate with federal, state, and local governmental agencies in the enforcement and administration of the federal act, and the executive commissioner shall promulgate rules to effect that cooperation. (125)

(b) The commission shall cooperate with the United States Department of Health and Human Services and other federal agencies in a reasonable manner and in conformity with the provisions of this title to the extent necessary to qualify for federal assistance for persons entitled to benefits under the federal Social Security Act. The commission shall make reports periodically in compliance with federal regulations. (126)

(c) The commission may establish and maintain programs of assistance and services authorized by federal law and designed to help needy families and individuals attain and retain the capability of independence and self-care. Notwithstanding any other provision of law, the commission may extend the scope of its programs to the extent necessary to ensure that federal matching funds are available, if the commission determines that the extension of scope is feasible and within the limits of appropriated funds. (127)

(d) If the commission determines that a provision of state welfare law conflicts with a provision of federal law, the executive commissioner may promulgate policies and rules necessary to allow the state to receive and expend federal matching funds to the fullest extent possible in accordance with the federal statutes and the provisions of this title and the state constitution and within the limits of appropriated funds. (128)

(e) The commission may accept, expend, and transfer federal and state funds appropriated for programs authorized by federal law. The commission may accept, expend, and transfer funds received from a county, municipality, or public or private agency or from any other source, and the funds shall be deposited in the state treasury subject to withdrawal on order of the executive commissioner in accordance with the commission's rules. (129)

(f) The commission may enter into agreements with federal, state, or other public or private agencies or individuals to accomplish the purposes of the programs authorized in Subsection (c). The agreements or contracts between the commission and other state agencies are not subject to Chapter 771, Government Code. (130)

(g) In administering social service programs authorized by the Social Security Act, the commission may prepay an agency or facility for expenses incurred under a contract with the commission to provide a social service. (131)

(h) The executive commissioner by rule may set and the commission may charge reasonable fees for services provided in administering social service programs authorized by the Social Security Act. The executive commissioner shall set the amount of each fee according to the cost of the service provided and the ability of the recipient to pay. (132)

(i) The commission may not deny services administered under this section to any person because of that person's inability to pay for services. (133)

Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2232, ch. 530, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 3872, ch. 616, Sec. 1, eff. Sept. 1, 1983. (134)

Amended by: (135)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.012, eff. April 2, 2015. (136)

Sec. 22.003. RESEARCH AND DEMONSTRATION PROJECTS. (137)(1-click HTML)

(a) The commission and the department may conduct research and demonstration projects that in the judgment of the executive commissioner will assist in promoting the purposes of the commission's and the department's assistance programs. The commission and the department may conduct the projects independently or in cooperation with a public or private agency. (138)

(b) The executive commissioner may authorize the use of state or federal funds available for commission or department assistance programs or for research and demonstration projects to support the projects. The projects must be consistent with the state and federal laws making the funds available. (139)

Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (140)

Amended by: (141)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.012, eff. April 2, 2015. (142)

Sec. 22.0031. PROJECTS FOR HIGH-RISK PREGNANT WOMEN AND HIGH-RISK CHILDREN. (143)(1-click HTML)

(a) The commission shall establish programs of case management for high-risk pregnant women and high-risk children to age one as provided under Section 1915(g) of the federal Social Security Act (42 U.S.C. Section 1396n). (144)

(b) Case management programs may be developed using contracts with public health entities, hospitals, community health clinics, physicians, or other appropriate entities which have the capacity to carry out the full scope of case management activities. The case manager shall assess the needs of the pregnant woman and the child and serve as a broker to assure that all needs as defined in this subsection are met to the greatest extent possible given existing services available in the project area. These activities shall include: (145)

(1) assuring that the pregnant woman seeks and receives early and appropriate prenatal care that conforms to prescribed medical regimes; (146)

(2) assisting the pregnant woman and child in gaining access to appropriate social, educational, nutritional, and other ancillary services as needed in accordance with federal Medicaid law; and (147)

(3) assuring appropriate coordination within the medical community. (148)

(c) The provisions of Subsection (b) of this section shall not be construed to allow a case manager to interfere with the physician-patient relationship and shall not be construed as conferring any authority to practice medicine. (149)

(d) The commission shall use existing funds of the commission or any other lawful source to fund and support the projects for high-risk pregnant women and high-risk children. (150)

Added by Acts 1989, 71st Leg., ch. 1215, Sec. 2, eff. Sept. 1, 1989. (151)

Amended by: (152)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.013, eff. April 2, 2015. (153)

Sec. 22.0033. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES. (154)(1-click HTML)

(a) For one year after the date on which a former officer or employee of the department terminates service or employment with the department, the individual may not, directly or indirectly, attempt or aid in the attempt to procure a contract with the department that relates to a program or service in which the individual was directly concerned or for which the individual had administrative responsibility. (155)

(b) This section does not apply to: (156)

(1) a former employee who is compensated on the last date of service or employment below the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including a state employee who is exempt from the state's position classification plan; or (157)

(2) a former officer or employee who is employed by another state agency or a community center. (158)

(c) A former officer or employee of the department commits an offense if the former officer or employee violates this section. An offense under this section is a Class A misdemeanor. (159)

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 3, eff. Sept. 1, 1991. (160)

Sec. 22.004. PROVISION OF LEGAL SERVICES. (161)(1-click HTML)

(a) On request, the commission may provide legal services to an applicant for or recipient of assistance at a hearing before the commission. (162)

(b) The services must be provided by an attorney licensed to practice law in Texas or by a law student acting under the supervision of a law teacher or a legal services organization, and the attorney or law student must be approved by the commission. (163)

(c) The executive commissioner shall adopt a reasonable fee schedule for the legal services. The fees may not exceed those customarily charged by an attorney for similar services for a private client. The fees may be paid only from funds appropriated to the commission for the purpose of providing these legal services. (164)

Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (165)

Amended by: (166)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.014, eff. April 2, 2015. (167)

Sec. 22.005. CUSTODIAN OF ASSISTANCE FUNDS. (168)(1-click HTML)

(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015. (169)

(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015. (170)

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015. (171)

(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(b), eff. April 2, 2015. (172)

(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015. (173)

(f) The comptroller is the designated custodian of all funds administered by the commission and the department and received by the state from the federal government or any other source for the purpose of implementing the provisions of the Social Security Act. The comptroller may receive the funds, pay them into the proper fund or account of the general fund of the state treasury, provide for the proper custody of the funds, and make disbursements of the funds on the order of the commission or the department and on warrant of the comptroller. (174)

Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 10, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1052, Sec. 1.09, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 599, Sec. 14, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.137, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 9.01, eff. Sept. 1, 1997. (175)

Amended by: (176)

Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 14, eff. September 1, 2011. (177)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 16, eff. June 17, 2011. (178)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.015, eff. April 2, 2015. (179)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.016, eff. April 2, 2015. (180)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(21), eff. April 2, 2015. (181)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(b), eff. April 2, 2015. (182)

Sec. 22.007. PUBLIC INFORMATION CONTRACT REQUIREMENT. (183)(1-click HTML)

(a) Each contract between the commission or the department and a provider of services under this title must contain a provision that authorizes the commission or the department to display at the service provider's place of business public awareness information on services provided by the commission or the department. (184)

(b) Notwithstanding Subsection (a), the commission or department may not require a physician to display in the physician's private offices public awareness information on services provided by the commission or department. (185)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. (186)

Amended by: (187)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.017, eff. April 2, 2015. (188)

Sec. 22.008. ENFORCEMENT AND ALTERATION OF SERVICE DELIVERY STANDARDS. (189)(1-click HTML)

(a) The executive commissioner shall adopt rules for the department's community care program that relate to the service delivery standards required of persons who contract with the department to carry out its community care program. The department shall apply the rules consistently across the state. (190)

(b) At the same time the department sends written notice to a regional department office of a change or interpretation of a service delivery standard relating to the community care program, the department shall send a copy of the notice to each community care program contractor affected by the change or interpretation. (191)

(c) Each decision on whether to enter into a contract in the community care program that results from a department request for bids or proposals must be made by one or more persons employed at the department's state headquarters. (192)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. (193)

Amended by: (194)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.018, eff. April 2, 2015. (195)

Sec. 22.009. ADVISORY COMMITTEES. (196)(1-click HTML)

(a) The executive commissioner shall appoint advisory committees to assist the executive commissioner, commission, and department in performing their duties. (197)

(b) The executive commissioner shall appoint each advisory committee to provide for a balanced representation of the general public, providers, consumers, and other persons, state agencies, or groups with knowledge of and interest in the committee's field of work. (198)

(c) The executive commissioner shall specify each advisory committee's purpose, powers, and duties and shall require each committee to report to the executive commissioner in a manner specified by the executive commissioner concerning the committee's activities and the results of its work. (199)

(d) The executive commissioner shall establish procedures for receiving reports concerning activities and accomplishments of advisory committees established to advise the executive commissioner, commission, or department. The executive commissioner may appoint additional members to those committees and establish additional duties of those committees as the executive commissioner determines to be necessary. (200)

(e) The executive commissioner shall adopt rules to implement this section. Those rules must provide that during the development of rules relating to an area in which an advisory committee exists the committee must be allowed to assist in the development of and to comment on the rules before the rules are finally adopted. (201)

(f) A member of an advisory committee receives no compensation but is entitled to reimbursement for transportation expenses and the per diem allowance for state employees in accordance with the General Appropriations Act. (202)

(g) Subsections (c) through (f) apply to each advisory committee created under this section. (203)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. (204)

Amended by: (205)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.019, eff. April 2, 2015. (206)

Sec. 22.011. MEMORANDUM OF UNDERSTANDING ON SERVICES TO PERSONS WITH DISABILITIES. (207)(1-click HTML)

(a) The commission, the department, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and the Texas Education Agency shall enter into a joint memorandum of understanding to facilitate the coordination of services to persons with disabilities. The memorandum shall: (208)

(1) clarify the financial and service responsibilities of each agency in relation to persons with disabilities; and (209)

(2) address how the agency will share data relating to services delivered to persons with disabilities by each agency. (210)

(b) These agencies in the formulation of this memorandum of understanding shall consult with and solicit input from advocacy and consumer groups. (211)

(c) Not later than the last month of each state fiscal year, the agencies shall review and update the memorandum. (212)

(d) The executive commissioner and the commissioner of education by rule shall adopt the memorandum of understanding and all revisions to the memorandum. (213)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 7, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, Sec. 19, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.52, eff. Sept. 1, 1997. (214)

Amended by: (215)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015. (216)

Sec. 22.013. MEMORANDUM OF UNDERSTANDING ON PUBLIC AWARENESS INFORMATION. (217)(1-click HTML)

(a) The commission, the department, the Department of State Health Services, and the Department of Assistive and Rehabilitative Services shall enter into a joint memorandum of understanding that authorizes and requires the exchange and distribution among the agencies of public awareness information relating to services provided by or through the agencies. (218)

(b) Not later than the last month of each state fiscal year, the agencies shall review and update the memorandum. (219)

(c) The executive commissioner by rule shall adopt the memorandum of understanding and all revisions to the memorandum. (220)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. (221)

Amended by: (222)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015. (223)

Sec. 22.014. MEMORANDUM OF UNDERSTANDING ON HOSPITAL AND LONG-TERM CARE SERVICES. (224)(1-click HTML)

(a) The commission, the department, and the Department of State Health Services shall enter into a memorandum of understanding that: (225)

(1) clearly defines the responsibilities of each agency in providing, regulating, and funding hospital or long-term care services; and (226)

(2) defines the procedures and standards that each agency will use to provide, regulate, and fund hospital or long-term care services. (227)

(b) The memorandum must provide that no new rules or regulations that would increase the costs of providing the required services or would increase the number of personnel in hospital or long-term care facilities may be promulgated by the executive commissioner unless the executive commissioner certifies that the new rules or regulations are urgent as well as necessary to protect the health or safety of recipients of hospital or long-term care services. (228)

(c) The memorandum must provide that any rules or regulations proposed by the commission, the department, or the Department of State Health Services which would increase the costs of providing the required services or which would increase the number of personnel in hospital or long-term care facilities must be accompanied by a fiscal note prepared by the agency proposing said rules and submitted to the executive commissioner. The fiscal note should set forth the expected impact which the proposed rule or regulation will have on the cost of providing the required service and the anticipated impact of the proposed rule or regulation on the number of personnel in hospital or long-term care facilities. The memorandum must provide that in order for a rule to be finally adopted the commission must provide written verification that funds are available to adequately reimburse hospital or long-term care service providers for any increased costs resulting from the rule or regulation. The commission is not required to provide written verification if the executive commissioner certifies that a new rule or regulation is urgent as well as necessary to protect the health or safety of recipients of hospital or long-term care services. (229)

(d) The memorandum must provide that upon final adoption of any rule increasing the cost of providing the required services, the executive commissioner must establish reimbursement rates sufficient to cover the increased costs related to the rule. The executive commissioner is not required to establish reimbursement rates sufficient to cover the increased cost related to a rule or regulation if the executive commissioner certifies that the rule or regulation is urgent as well as necessary to protect the health or safety of recipients of hospital or long-term care services. (230)

(e) The memorandum must provide that Subsections (b) through (d) do not apply if the rules are required by state or federal law or federal regulations. (231)

(f) These agencies in the formulation of this memorandum of understanding shall consult with and solicit input from advocacy and consumer groups. (232)

(g) Not later than the last month of each state fiscal year, the agencies shall review and update the memorandum. (233)

(h) The executive commissioner by rule shall adopt the memorandum of understanding and all revisions to the memorandum. (234)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. (235)

Amended by: (236)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015. (237)

Sec. 22.015. REPORTING OF PHYSICIAN MISCONDUCT OR MALPRACTICE. (238)(1-click HTML)

(a) If the commission or the department receives an allegation that a physician employed by or under contract with the commission or the department under this title has committed an action that constitutes a ground for the denial or revocation of the physician's license under Section 164.051, Occupations Code, the commission or the department, as applicable, shall report the information to the Texas Medical Board in the manner provided by Section 154.051, Occupations Code. (239)

(b) The commission or the department shall provide the Texas Medical Board with a copy of any report or finding relating to an investigation of an allegation reported to the Texas Medical Board. (240)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.812, eff. Sept. 1, 2001. (241)

Amended by: (242)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015. (243)

Sec. 22.016. SPECIAL PURCHASING PROCEDURES. (244)(1-click HTML)

The department shall coordinate with the commission in complying with any special purchasing procedures requiring competitive review under Subtitle D, Title 10, Government Code, for purchasing under this title. (245)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4), eff. Sept. 1, 1997. (246)

Amended by: (247)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015. (248)

Sec. 22.017. PROGRAM ACCESSIBILITY. (249)(1-click HTML)

The commission shall prepare and maintain a written plan that describes how persons who do not speak English or who have physical, mental, or developmental disabilities can be provided reasonable access to the commission's and the department's programs under this title. The commission may solicit the assistance of a health and human services agency in the preparation or maintenance of the plan. (250)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. (251)

Amended by: (252)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015. (253)

Sec. 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS. (254)(1-click HTML)

(a) The department and the chief administrative law judge of the State Office of Administrative Hearings shall enter into a memorandum of understanding under which the State Office of Administrative Hearings, on behalf of the department, conducts all contested case hearings authorized or required by law to be conducted under this title by the department under the administrative procedure law, Chapter 2001, Government Code. (255)

(b) The memorandum of understanding shall require the chief administrative law judge, the department, and the executive commissioner to cooperate in connection with a contested case hearing and may authorize the State Office of Administrative Hearings to perform any administrative act, including giving of notice, that is required to be performed by the department or commissioner of aging and disability services. (256)

(c) The memorandum of understanding shall address whether the administrative law judge who conducts a contested case hearing for the State Office of Administrative Hearings on behalf of the department shall: (257)

(1) enter the final decision in the case after completion of the hearing; or (258)

(2) propose a decision to the department or the commissioner of aging and disability services for final consideration. (259)

(d) The department by interagency contract shall reimburse the State Office of Administrative Hearings for the costs incurred in conducting contested case hearings for the department. The department may pay an hourly fee for the costs of conducting those hearings or a fixed annual fee negotiated biennially by the department and the State Office of Administrative Hearings to coincide with the department's legislative appropriations request. (260)

(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(23), eff. April 2, 2015. (261)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1505, Sec. 1.03, eff. Sept. 1, 1999. (262)

Amended by: (263)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.021, eff. April 2, 2015. (264)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(23), eff. April 2, 2015. (265)

Sec. 22.019. DUE PROCESS PROCEDURES. (266)(1-click HTML)

(a) The commission and the department may not retroactively apply a rule, standard, guideline, or policy interpretation under this title. (267)

(b) Any changes in agency policy shall be adopted in accordance with the rulemaking provisions of Chapter 2001, Government Code. Periodic bulletins and indexes shall be used to notify contractors of changes in policy and to explain the changes. A change in agency policy may not be adopted if it takes effect before the date on which contractors are notified as prescribed by this subsection. (268)

(c) The executive commissioner shall adopt a rule requiring the commission or the department, as applicable, to respond in writing to each written inquiry from a contractor under this title not later than the 14th day after the date on which the commission or the department receives the inquiry. (269)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995. (270)

Amended by: (271)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.022, eff. April 2, 2015. (272)

Sec. 22.020. AUDIT PROCEDURE. (273)(1-click HTML)

At any time during an audit, the commission or the department, as applicable, shall permit a contractor under this title to submit additional or alternative documentation to prove that services were delivered to an eligible client. Any recovery of costs by the commission or the department from the contractor for using additional or alternative documentation may not exceed the amount the contractor would otherwise be entitled to receive under the contract as administrative costs. (274)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1987. (275)

Amended by: (276)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.023, eff. April 2, 2015. (277)

Sec. 22.021. DISTRIBUTION OF FUNDS. (278)(1-click HTML)

(a) Funds appropriated to the commission or the department for the general support or development of a service under this title that is needed throughout the state shall be allocated equitably across the state. (279)

(b) This section does not apply to funds appropriated for a research or demonstration program or for the purchase of direct services. (280)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1991. (281)

Amended by: (282)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.024, eff. April 2, 2015. (283)

Sec. 22.022. RESIDENCY REQUIREMENTS. (284)(1-click HTML)

To the extent permitted by law the commission and the department shall only provide services under this title to legal residents of the United States or the State of Texas. (285)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1987. (286)

Amended by: (287)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.025, eff. April 2, 2015. (288)

Sec. 22.023. PAYMENT FOR CERTAIN INSURANCE COVERAGE. (289)(1-click HTML)

(a) In this section, "AIDS" and "HIV" have the meanings assigned by Section 81.101, Health and Safety Code. (290)

(b) Subject to the limitations in Subsection (c), the commission may purchase and pay the premiums for a conversion policy or other health insurance coverage for a person who is diagnosed as having AIDS, HIV, or other terminal or chronic illness and whose income level is less than 200 percent of the federal poverty level, based on the federal Office of Management and Budget poverty index in effect at the time coverage is provided, even though a person may be eligible for benefits under Chapter 32. Health insurance coverage for which premiums may be paid under this section includes coverage purchased from an insurance company authorized to do business in this state, a group hospital service corporation operating under Chapter 842, Insurance Code, a health maintenance organization operating under Chapter 843, Insurance Code, or an insurance pool created by the federal or state government or a political subdivision of the state. (291)

(c) If a person is eligible for benefits under Chapter 32, the commission may not purchase or pay premiums for a health insurance policy under this section if the premiums to be charged for the health insurance coverage are greater than premiums paid for benefits under Chapter 32. The commission may not purchase or pay premiums for health insurance coverage under this section for a person at the same time that that person is covered by benefits under Chapter 32. (292)

(d) The commission shall pay for that coverage with money made available to the commission for that purpose. (293)

(e) The executive commissioner by rule may adopt necessary rules, criteria, and plans and may enter into necessary contracts to carry out this section. (294)

Added by Acts 1989, 71st Leg., ch. 1041, Sec. 5, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(10), eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.534, eff. Sept. 1, 2003. (295)

Amended by: (296)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.026, eff. April 2, 2015. (297)

Sec. 22.024. DEVELOPMENT OF SERVICE PLAN FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES. (298)(1-click HTML)

If the commission, the department, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, or another agency funded in the General Appropriations Act under appropriations for health, welfare, and rehabilitation agencies receives funds to provide case management services to elderly persons or persons with disabilities, the agency shall provide information to its staff concerning the services other agencies provide to those populations. The agency's staff shall use that information to develop a comprehensive service plan for its clients. (299)

Added by Acts 1989, 71st Leg., ch. 1085, Sec. 1, eff. Sept. 1, 1989. Renumbered from Sec. 22.023 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(10), eff. Sept. 6, 1990. Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 8, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, Sec. 20, eff. Sept. 1, 1995. (300)

Amended by: (301)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.027, eff. April 2, 2015. (302)

Sec. 22.025. ERROR-RATE REDUCTION. (303)(1-click HTML)

(a) The commission shall: (304)

(1) set progressive goals for improving the commission's error rates in the financial assistance program under Chapter 31 and supplemental nutrition assistance program; and (305)

(2) develop a specific schedule to meet those goals. (306)

(c) As appropriate, the commission shall include in its employee evaluation process a rating system that emphasizes error-rate reduction and workload. (307)

(d) The commission shall take appropriate action if a region has a higher than average error rate and that rate is not reduced in a reasonable period. (308)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.08(a), eff. Sept. 1, 1995. (309)

Amended by: (310)

Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 23(1), eff. September 1, 2011. (311)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(102), eff. June 17, 2011. (312)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.027, eff. April 2, 2015. (313)

Sec. 22.0251. TIMELY DETERMINATION OF OVERPAYMENTS. (314)(1-click HTML)

(a) Subject to the approval of the executive commissioner, the commission shall: (315)

(1) determine and record the time taken by the commission to establish an overpayment claim in the supplemental nutrition assistance program or the program of financial assistance under Chapter 31; (316)

(2) set progressive goals for reducing the time described by Subdivision (1); and (317)

(3) adopt a schedule to meet the goals set under Subdivision (2). (318)

(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 837 , Sec. 2.08(b)(4), eff. September 1, 2015. (319)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997. (320)

Amended by: (321)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 69, eff. September 1, 2013. (322)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015. (323)

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.08(b)(4), eff. September 1, 2015. (324)

Sec. 22.0252. TELEPHONE COLLECTION PROGRAM. (325)(1-click HTML)

(a) The commission shall use the telephone to attempt to collect reimbursement from a person who receives a benefit granted in error under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31. (326)

(b) The commission shall submit to the governor and the Legislative Budget Board an annual report on the operation and success of the telephone collection program. The report may be consolidated with any other report relating to the same subject that the commission is required to submit under other law. (327)

(c) The commission shall ensure that the telephone collection program attempts to collect reimbursement for all identified delinquent payments for which 15 days or more have elapsed since the initial notice of delinquency was sent to the recipient. (328)

(d) The commission shall use an automated collections system to monitor the results of the telephone collection program. The system must: (329)

(1) accept data from the accounts receivable tracking system used by the commission; (330)

(2) automate recording tasks performed by a collector, including providing access to commission records regarding the recipient and recording notes and actions resulting from a call placed to the recipient; (331)

(3) automatically generate a letter to a recipient following a telephone contact that confirms the action to be taken regarding the delinquency; (332)

(4) monitor the receipt of scheduled payments from a recipient for repayment of a delinquency; and (333)

(5) generate reports regarding the effectiveness of individual collectors and of the telephone collection program. (334)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 206, Sec. 2, eff. Sept. 1, 1999. (335)

Amended by: (336)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 70, eff. September 1, 2013. (337)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015. (338)

Sec. 22.0253. PARTICIPATION IN FEDERAL TAX REFUND OFFSET PROGRAM. (339)(1-click HTML)

The commission shall participate in the Federal Tax Refund Offset Program (FTROP) to attempt to recover benefits granted by the commission in error under the supplemental nutrition assistance program. The commission shall submit as many claims that meet program criteria as possible for offset against income tax returns. (340)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997. (341)

Amended by: (342)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015. (343)

Sec. 22.0254. PROSECUTION OF FRAUDULENT CLAIMS. (344)(1-click HTML)

(a) The commission shall keep a record of the dispositions of referrals made by the commission to a district attorney concerning fraudulent claims for benefits under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31. (345)

(b) The commission may: (346)

(1) request status information biweekly from the appropriate district attorney on each major fraudulent claim referred by the commission; (347)

(2) request a written explanation from the appropriate district attorney for each case referred in which the district attorney declines to prosecute; and (348)

(3) encourage the creation of a special welfare fraud unit in each district attorney's office that serves a municipality with a population of more than 250,000, to be financed by amounts provided by the commission. (349)

(c) The executive commissioner by rule may define what constitutes a major fraudulent claim under Subsection (b)(1). (350)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997. (351)

Amended by: (352)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015. (353)

Sec. 22.0255. ELECTRONIC BENEFITS TRANSFER CARD; RETURNED-MAIL REDUCTION. (354)(1-click HTML)

(a) The commission shall develop and implement policies and procedures designed to improve the commission's electronic benefits transfer cards used for federal and state entitlement programs administered by the commission. (355)

(b) The commission shall set an annual goal of reducing the amount of returned mail it receives under the programs described by Subsection (a) so that the percentage rate of returned mail is within one percent of the percentage rate of returned mail reported annually for the credit card and debit card industries. (356)

Added by Acts 1997, 75th Leg., ch. 322, Sec. 1, eff. May 26, 1997. (357)

Amended by: (358)

Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 23(2), eff. September 1, 2011. (359)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(103), eff. June 17, 2011. (360)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015. (361)

Sec. 22.026. REDUCTION OF CLIENT FRAUD. (362)(1-click HTML)

The commission and the department shall: (363)

(1) ensure that errors attributed to client fraud are appropriate; and (364)

(2) take immediate and appropriate action to limit any client fraud that occurs. (365)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.08(a), eff. Sept. 1, 1995. (366)

Amended by: (367)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.029, eff. April 2, 2015. (368)

Sec. 22.027. FRAUD PREVENTION. (369)(1-click HTML)

(e) The commission, the department, and the comptroller shall coordinate their efforts to cross-train agency staff whose duties include fraud prevention and detection to enable the staff to identify and report possible fraudulent activity in programs, taxes, or funds administered by each of those other agencies. (370)

(f) A local law enforcement agency that seizes an electronic benefits transfer (EBT) card issued by the commission to a recipient of an entitlement program administered by the commission shall immediately notify the commission of the seizure and return the card to the commission. The commission shall send letters to local law enforcement agencies or post materials in the buildings in which those agencies are located to ensure that local law enforcement officials are aware of this requirement. (371)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.04(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 322, Sec. 2, eff. May 26, 1997. (372)

Amended by: (373)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.029, eff. April 2, 2015. (374)

Sec. 22.028. ELECTRONIC BENEFITS TRANSFER: MONITORING. (375)(1-click HTML)

(a) The private electronic benefits transfer (EBT) operator with which the commission contracts to administer the EBT system shall establish procedures to maintain records that monitor all debit transactions relating to EBT client accounts under this section. The EBT operator shall deliver copies of the records to the commission and the comptroller not later than the first day of each month. The commission shall immediately review the records and assess the propriety of the debit transactions. (376)

(b) After reviewing the records under Subsection (a), the commission shall take necessary or advisable action to ensure compliance with EBT rules by the EBT operator, retailers, and clients. (377)

(c) No later than the first day of each month, the commission shall send the comptroller a report listing the accounts on which enforcement actions or other steps were taken by the commission in response to the records received from the EBT operator under this section, and the action taken by the commission. The comptroller shall promptly review the report and, as appropriate, may solicit the advice of the office of the inspector general regarding the results of the commission's enforcement actions. (378)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.04(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1153, Sec. 1.06(b), eff. Sept. 1, 1997. (379)

Amended by: (380)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.029, eff. April 2, 2015. (381)

Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.02(b), eff. September 1, 2015. (382)

Sec. 22.029. PROJECT FOR FRAUD DETECTION AND PREVENTION THROUGH DATA MATCHING. (383)(1-click HTML)

(a) In order to enhance the state's ability to detect and prevent fraud in the payment of claims under federal and state entitlement programs, the commission shall implement a data matching project as described by Subsection (b). The costs of developing and administering the data matching project shall be paid entirely from amounts recovered by participating agencies as a result of potential fraudulent occurrences or administrative errors identified by the project. (384)

(b) The project shall involve the matching of database information among all agencies using electronic funds transfer and other participating agencies. The commission shall contract through a memorandum of understanding with each agency participating in the project. After the data has been matched, the commission shall furnish each participating agency with a list of potential fraudulent occurrences or administrative errors. (385)

(c) Each agency participating in a matching cycle shall document actions taken to investigate and resolve fraudulent issues noted on the list provided by the commission. The commission shall compile the documentation furnished by participating agencies for each matching cycle. (386)

(d) Agencies participating under Subsection (b) shall cooperate fully with the commission in the prompt provision of data in the requested format, for the identification of suspected fraudulent occurrences, or administrative errors as the commission may otherwise reasonably request in order to carry out the intent of this section. (387)

(e) The commission and participating agencies providing source data for the project shall take all necessary steps to protect the confidentiality of information provided as part of this project, in compliance with all existing state and federal privacy guidelines. (388)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.03, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 827, Sec. 2, eff. Sept. 1, 1997. (389)

Amended by: (390)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.030, eff. April 2, 2015. (391)

Sec. 22.0292. INFORMATION MATCHING SYSTEM RELATING TO IMMIGRANTS AND FOREIGN VISITORS. (392)(1-click HTML)

(a) The commission shall, through the use of a computerized matching system, compare commission information relating to applicants for and recipients of supplemental nutrition assistance program benefits and financial assistance under Chapter 31 with information obtained from the United States Department of State and the United States Department of Justice relating to immigrants and visitors to the United States for the purpose of preventing individuals from unlawfully receiving public assistance benefits administered by the commission. (393)

(b) The commission may enter into an agreement with the United States Department of State and the United States Department of Justice as necessary to implement this section. (394)

(c) The commission and federal agencies sharing information under this section shall protect the confidentiality of the shared information in compliance with all existing state and federal privacy guidelines. (395)

(d) The commission shall submit to the governor and the Legislative Budget Board an annual report on the operation and success of the information matching system required by this section. The report may be consolidated with any other report relating to the same subject matter the commission is required to submit under other law. (396)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(b), eff. Sept. 1, 1997. Renumbered from Sec. 22.0291 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(69), eff. Sept. 1, 1999. (397)

Amended by: (398)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 71, eff. September 1, 2013. (399)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.031, eff. April 2, 2015. (400)

Sec. 22.030. AGREEMENTS FOR PURCHASE OF SERVICES FOR CHILDREN. (401)(1-click HTML)

(a) To ensure the maximum use of available federal matching funds for child care services and other support services under Section 31.010, the commission and any other agency providing the services shall enter into agreements with the appropriate local community organizations to receive donations to be used for the purchase of services for which matching federal funds are available. (402)

(b) An agency described under Subsection (a) shall cooperate with each local community organization to develop guidelines for the use of that community's donation to provide the services described in Subsection (a). (403)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 6.05, eff. Sept. 1, 1995. (404)

Amended by: (405)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.032, eff. April 2, 2015. (406)

Sec. 22.031. UNANNOUNCED INSPECTIONS. (407)(1-click HTML)

The commission and the department may make any inspection of a facility or program under the agency's jurisdiction under this title without announcing the inspection. (408)

Added by Acts 1995, 74th Leg., ch. 531, Sec. 3, eff. Aug. 28, 1995. Renumbered from Human Resources Code Sec. 22.025 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(60), eff. Sept. 1, 1997. (409)

Amended by: (410)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.032, eff. April 2, 2015. (411)

Sec. 22.032. USE OF EARNED FEDERAL FUNDS. (412)(1-click HTML)

Subject to the General Appropriations Act, the commission may use earned federal funds derived from recovery of amounts paid or benefits granted by the commission as a result of fraud to pay the costs of the commission's activities relating to preventing fraud. (413)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.02, eff. Sept. 1, 1997. (414)

Amended by: (415)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.032, eff. April 2, 2015. (416)

For expiration of this section, see Subsection (n). (417)

Sec. 22.035. CHILDREN'S POLICY COUNCIL. (418)(1-click HTML)

(a) A work group to be known as the Children's Policy Council shall assist the department, the commission, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, and the Department of Family and Protective Services in developing, implementing, and administering family support policies for children with disabilities relating to: (419)

(1) long-term services and supports; (420)

(2) health services; and (421)

(3) mental health services. (422)

(b) The executive commissioner shall appoint the members of the work group, which must include the following: (423)

(1) a person who is younger than 22 years of age and is a consumer of long-term care and health programs for children; (424)

(2) an individual who is younger than 25 years of age and who receives or has received mental health services; (425)

(3) relatives of consumers of long-term care and health programs for children 26 years of age or younger; (426)

(4) a representative from an organization that is an advocate for consumers of long-term care and health programs for children; (427)

(5) a person from a private entity that provides long-term care and health programs for children; (428)

(6) a person from a public entity that provides long-term care and health programs for children; (429)

(7) a person with expertise in the availability of funding and the application of funding formulas for children's long-term care and health services; (430)

(8) a representative from a faith-based organization; (431)

(9) a representative from a nonspecialized community services organization; and (432)

(10) a representative from a business that is not related to providing services to persons with disabilities. (433)

(c) A majority of the members of the work group must be composed of relatives of consumers of long-term care and health programs for children. (434)

(d) A person may not be appointed as a relative of a consumer of long-term care and health programs for children if the person: (435)

(1) is an employee of a state agency that provides long-term care or health services for children; or (436)

(2) contracts with a state agency described by Subdivision (1) to provide long-term care or health services for children. (437)

(e) The commission shall provide administrative support, including staff, to the work group. (438)

(f) A member of the work group serves at the will of the executive commissioner. (439)

(g) The executive commissioner shall appoint a member of the work group to serve as a presiding officer. (440)

(h) The work group shall meet at the call of the presiding officer. (441)

(i) A member of the work group receives no additional compensation for serving on the work group. Consumers and relatives of consumers serving on the work group shall be reimbursed for travel and other expenses necessary for participation as provided in the General Appropriations Act. Other members of the work group may not be reimbursed for travel or other expenses incurred while conducting the business of the work group. Reimbursement under this subsection shall be paid equally out of funds appropriated to the department and funds appropriated to the Department of State Health Services. (442)

(j) The work group may study and make recommendations in the following areas: (443)

(1) access of a child or a child's family to effective case management services, including case management services with a single case manager, parent case managers, or independent case managers; (444)

(2) the transition needs of children who reach an age at which they are no longer eligible for services at the Department of State Health Services, the Texas Education Agency, and other applicable state agencies; (445)

(3) the blending of funds, including case management funding, for children needing long-term care, health services, and mental health services; (446)

(4) collaboration and coordination of children's services between the department, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and any other agency determined to be applicable by the work group; (447)

(5) budgeting and the use of funds appropriated for children's long-term care services, health services, and mental health services; (448)

(6) services and supports for families providing care for children with disabilities; (449)

(7) effective permanency planning for children who reside in institutions or who are at risk of placement in an institution; (450)

(8) barriers to enforcement of regulations regarding institutions that serve children with disabilities; and (451)

(9) the provision of services under the medical assistance program to children younger than 23 years of age with disabilities or special health care needs under a waiver granted under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)). (452)

(k) Not later than September 1 of each even-numbered year, the work group shall report on its findings and recommendations to the legislature and the executive commissioner. (453)

(l) After evaluating and considering recommendations reported under Subsection (k), the executive commissioner shall adopt rules to implement guidelines for providing long-term care, health services, and mental health services to children with disabilities. (454)

(m) The work group is not subject to Chapter 2110, Government Code. (455)

(n) The work group is abolished and this section expires September 1, 2017. (456)

Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.04, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 198, Sec. 1, eff. Sept. 1, 2001. (457)

Amended by: (458)

Acts 2013, 83rd Leg., R.S., Ch. 388 (S.B. 50), Sec. 1, eff. September 1, 2013. (459)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.033, eff. April 2, 2015. (460)

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.35, eff. January 1, 2016. (461)

Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.32, eff. January 1, 2016. (462)

Sec. 22.036. PROGRAMS FOR INDIVIDUALS WHO ARE DEAF-BLIND WITH MULTIPLE DISABILITIES AND THEIR PARENTS. (463)(1-click HTML)

(a) The department shall establish programs to serve individuals who are deaf-blind with multiple disabilities by helping them attain self-sufficiency and independent living. (464)

(b) The department shall establish a program of parental counseling for the parents of individuals who are deaf-blind with multiple disabilities. The counseling program may be provided on an individual or group basis and must include programs, activities, and services necessary to foster greater understanding and to improve relationships among professionals, parents, and individuals who are deaf-blind with multiple disabilities. (465)

(c) The department shall establish a summer outdoor training program for individuals who are deaf-blind with multiple disabilities. The outdoor training program must be designed to help meet the unique needs of individuals who are deaf-blind with multiple disabilities for the purpose of broadening their educational experiences and improving their ability to function more independently. (466)

(d) The executive commissioner shall establish regulations for implementing and administering the programs. (467)

(e) The department may contract for services or goods with private or public entities for purposes of this section. (468)

(f) From information collected from the programs, the department shall determine the need for related future services and the most efficient and effective method of delivering the future services. (469)

Added by Acts 1985, 69th Leg., ch. 619, Sec. 14, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.05, eff. Sept. 1, 1999. (470)

Amended by: (471)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.034, eff. April 2, 2015. (472)

Sec. 22.039. TRAINING AND CONTINUING EDUCATION RELATED TO CERTAIN LONG-TERM CARE FACILITIES. (473)(1-click HTML)

(a) In this section: (474)

(1) "Long-term care facility" means a nursing institution, an assisted living facility, or an intermediate care facility licensed under Chapter 242, 247, or 252, Health and Safety Code. (475)

(2) "Provider" means an employee or agent of a long-term care facility. (476)

(3) "Surveyor" means an employee or agent of the department or another state agency responsible for licensing, inspecting, surveying, or investigating a long-term care facility in relation to: (477)

(A) licensing under Chapter 242, 247, or 252, Health and Safety Code; or (478)

(B) certification for participation in the medical assistance program in accordance with Chapter 32. (479)

(b) The department shall require a surveyor to complete a basic training program before the surveyor inspects, surveys, or investigates a long-term care facility. The training must include observation of the operations of a long-term care facility unrelated to the survey, inspection, or investigation process for a minimum of 10 working days within a 14-day period. (480)

(c) The department shall semiannually provide training for surveyors and providers on subjects that address the 10 most common violations by long-term care facilities of federal or state law. The department may charge providers a fee not to exceed $50 per person for the training. (481)

(d) Except as provided by Subsection (e), a surveyor who is a health care professional licensed under the laws of this state must receive a minimum of 50 percent of the professional's required continuing education credits, if any, in gerontology or care for individuals with cognitive or physical disabilities, as appropriate. (482)

(e) A surveyor who is a pharmacist must receive a minimum of 30 percent of the pharmacist's required continuing education credits in gerontology or care for individuals with cognitive or physical disabilities, as appropriate. (483)

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.01, eff. June 15, 2001. Renumbered from Human Resources Code, Sec. 22.037, by Acts 2003, 78th Leg., ch. 1275, Sec. 2(96), eff. Sept. 1, 2003. (484)

Amended by: (485)

Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 5.01, eff. September 1, 2011. (486)

Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 27, eff. September 1, 2011. (487)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.035, eff. April 2, 2015. (488)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.036, eff. April 2, 2015. (489)

Sec. 22.040. DETERMINATION OF ELIGIBILITY FOR COMMUNITY CARE SERVICES FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES. (490)(1-click HTML)

The executive commissioner by rule shall develop and the department shall implement a plan to assist elderly persons or persons with disabilities requesting community care services in receiving those services as quickly as possible when those services become available. The plan must require the department to: (491)

(1) forecast participant openings that will become available in a community care program serving the elderly person or person with a disability during the next fiscal quarter because of program expansion or case closures; (492)

(2) contact an individual on an interest list and begin the program eligibility determination process at least 30 days before an opening is forecasted to become available in the program; and (493)

(3) ensure that an individual determined to be eligible for services does not begin receiving services until after the opening actually becomes available. (494)

Acts 2003, 78th Leg., ch. 1169, Sec. 11, eff. Sept. 1, 2003. (495)

Amended by: (496)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.037, eff. April 2, 2015. (497)

Sec. 22.041. THIRD-PARTY INFORMATION. (498)(1-click HTML)

Notwithstanding any other provision of this code, the commission may use information obtained from a third party to verify the assets and resources of a person for purposes of determining the person's eligibility and need for medical assistance, financial assistance, or nutritional assistance. Third-party information includes information obtained from: (499)

(1) a consumer reporting agency, as defined by Section 20.01, Business & Commerce Code; (500)

(2) an appraisal district; or (501)

(3) the Texas Department of Motor Vehicles vehicle registration record database. (502)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.85, eff. Sept. 1, 2003. (503)

Renumbered from Human Resources Code, Section 22.040 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(55), eff. September 1, 2005. (504)

Amended by: (505)

Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3G.01, eff. September 1, 2009. (506)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.037, eff. April 2, 2015. (507)

CHAPTER 23. SUSPENSION OF DRIVER'S OR RECREATIONAL LICENSE FOR FAILURE TO REIMBURSE COMMISSION (508)(1-click HTML)
Sec. 23.001. DEFINITIONS. (509)(1-click HTML)

In this chapter: (510)

(1) "License" means a license, certificate, registration, permit, or other authorization that: (511)

(A) is issued by a licensing authority; (512)

(B) is subject before expiration to suspension, revocation, forfeiture, or termination by an issuing licensing authority; and (513)

(C) a person must obtain to: (514)

(i) operate a motor vehicle; or (515)

(ii) engage in a recreational activity, including hunting and fishing, for which a license or permit is required. (516)

(2) "Order suspending a license" means an order issued by the commission directing a licensing authority to suspend a license. (517)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (518)

Amended by: (519)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (520)

Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. (521)(1-click HTML)

In this chapter, "licensing authority" means: (522)

(1) the Parks and Wildlife Department; and (523)

(2) the Department of Public Safety of the State of Texas. (524)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (525)

Amended by: (526)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (527)

Sec. 23.003. SUSPENSION OF LICENSE. (528)(1-click HTML)

The commission may issue an order suspending a license as provided by this chapter of a person who, after notice: (529)

(1) has failed to reimburse the commission for an amount in excess of $250 granted in error to the person under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31; (530)

(2) has been provided an opportunity to make payments toward the amount owed under a repayment schedule; and (531)

(3) has failed to comply with the repayment schedule. (532)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (533)

Amended by: (534)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (535)

Sec. 23.004. INITIATION OF PROCEEDING. (536)(1-click HTML)

(a) The commission may initiate a proceeding to suspend a person's license by filing a petition with the commission's appeals division. (537)

(b) The proceeding shall be conducted by the commission's appeals division. The proceeding is a contested case under Chapter 2001, Government Code, except that Section 2001.054 does not apply. (538)

(c) The executive commissioner or the executive commissioner's designated representative shall render a final decision or order in the proceeding. A reference to the commission in this chapter with respect to a final decision or order in the proceeding means the executive commissioner or the executive commissioner's designated representative. (539)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (540)

Amended by: (541)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (542)

Sec. 23.005. CONTENTS OF PETITION. (543)(1-click HTML)

A petition under this chapter must state that license suspension is authorized under Section 23.003 and allege: (544)

(1) the name and, if known, social security number of the person; (545)

(2) the type of license the person is believed to hold and the name of the licensing authority; and (546)

(3) the amount owed to the commission. (547)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (548)

Amended by: (549)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (550)

Sec. 23.006. NOTICE. (551)(1-click HTML)

(a) On initiating a proceeding under Section 23.004, the commission shall give the person named in the petition: (552)

(1) notice of the person's right to a hearing before the commission's appeals division; (553)

(2) notice of the deadline for requesting a hearing; and (554)

(3) a form requesting a hearing. (555)

(b) Notice under this section may be served as in civil cases generally. (556)

(c) The notice must state that an order suspending a license shall be rendered on the 60th day after the date of service of the notice unless by that date: (557)

(1) the person pays the amount owed to the commission; (558)

(2) the person presents evidence of a payment history satisfactory to the commission in compliance with a reasonable repayment schedule; or (559)

(3) the person appears at a hearing before the commission's appeals division and shows that the request for suspension should be denied or stayed. (560)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (561)

Amended by: (562)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (563)

Sec. 23.007. HEARING ON PETITION TO SUSPEND LICENSE. (564)(1-click HTML)

(a) A request for a hearing and motion to stay suspension must be filed with the commission not later than the 20th day after the date of service of the notice under Section 23.006. (565)

(b) If a request for a hearing is filed, the commission's appeals division shall: (566)

(1) promptly schedule a hearing; (567)

(2) notify the person and an appropriate representative of the commission of the date, time, and location of the hearing; and (568)

(3) stay suspension pending the hearing. (569)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (570)

Amended by: (571)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (572)

Sec. 23.008. ORDER SUSPENDING LICENSE. (573)(1-click HTML)

(a) On making the findings required by Section 23.003, the commission shall render an order suspending a license. (574)

(b) The commission may stay an order suspending a license conditioned on the person's compliance with a reasonable repayment schedule that is incorporated in the order. An order suspending a license with a stay of the suspension may not be served on the licensing authority unless the stay is revoked as provided by this chapter. (575)

(c) A final order suspending a license rendered by the commission shall be forwarded to the appropriate licensing authority. (576)

(d) If the commission renders an order suspending a license, the person may also be ordered not to engage in the licensed activity. (577)

(e) If the commission's appeals division finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice, and an order suspending a license may not be rendered. (578)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (579)

Amended by: (580)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (581)

Sec. 23.009. DEFAULT ORDER. (582)(1-click HTML)

The commission shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending a license if the person fails to: (583)

(1) respond to a notice issued under Section 23.006; (584)

(2) request a hearing; or (585)

(3) appear at a hearing. (586)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (587)

Amended by: (588)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (589)

Sec. 23.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. (590)(1-click HTML)

An order issued by the commission under this chapter is a final agency decision and is subject to review as provided by Chapter 2001, Government Code. (591)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (592)

Amended by: (593)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (594)

Sec. 23.011. ACTION BY LICENSING AUTHORITY. (595)(1-click HTML)

(a) On receipt of a final order suspending a license, the licensing authority shall immediately determine if the authority has issued a license to the person named on the order and, if a license has been issued: (596)

(1) record the suspension of the license in the licensing authority's records; (597)

(2) report the suspension as appropriate; and (598)

(3) demand surrender of the suspended license if required by law for other cases in which a license is suspended. (599)

(b) A licensing authority shall implement the terms of a final order suspending a license without additional review or hearing. The authority may provide notice as appropriate to the license holder or to others concerned with the license. (600)

(c) A licensing authority may not modify, remand, reverse, vacate, or stay an order suspending a license issued under this chapter and may not review, vacate, or reconsider the terms of a final order suspending a license. (601)

(d) A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. (602)

(e) A person who continues to engage in the licensed activity after the implementation of the order suspending a license by the licensing authority is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of that licensing authority. (603)

(f) A licensing authority is exempt from liability to a license holder for any act authorized under this chapter performed by the authority. (604)

(g) Except as provided by this chapter, an order suspending a license or dismissing a petition for the suspension of a license does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license. (605)

(h) The denial or suspension of a driver's license under this chapter is governed by this chapter and not by Subtitle B, Title 7, Transportation Code. (606)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (607)

Amended by: (608)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (609)

Sec. 23.012. MOTION TO REVOKE STAY. (610)(1-click HTML)

(a) The commission may file a motion with the commission's appeals division to revoke the stay of an order suspending a license if the person does not comply with the terms of a reasonable repayment plan entered into by the person. (611)

(b) Notice to the person of a motion to revoke stay under this section may be given by personal service or by mail to the address provided by the person, if any, in the order suspending a license. The notice must include a notice of hearing before the appeals division. The notice must be provided to the person not less than 10 days before the date of the hearing. (612)

(c) A motion to revoke stay must allege the manner in which the person failed to comply with the repayment plan. (613)

(d) If the commission finds that the person is not in compliance with the terms of the repayment plan, the commission shall revoke the stay of the order suspending a license and render a final order suspending a license. (614)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (615)

Amended by: (616)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (617)

Sec. 23.013. VACATING OR STAYING ORDER SUSPENDING LICENSE. (618)(1-click HTML)

(a) The commission may render an order vacating or staying an order suspending a license if the person has paid all amounts owed to the commission or has established a satisfactory payment record. (619)

(b) The commission shall promptly deliver an order vacating or staying an order suspending a license to the appropriate licensing authority. (620)

(c) On receipt of an order vacating or staying an order suspending a license, the licensing authority shall promptly reinstate and return the affected license to the person if the person is otherwise qualified for the license. (621)

(d) An order rendered under this section does not affect the right of the commission to any other remedy provided by law, including the right to seek relief under this chapter. An order rendered under this section does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license as otherwise provided by law. (622)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (623)

Amended by: (624)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (625)

Sec. 23.014. FEE BY LICENSING AUTHORITY. (626)(1-click HTML)

A licensing authority may charge a fee to a person who is the subject of an order suspending a license in an amount sufficient to recover the administrative costs incurred by the authority under this chapter. (627)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (628)

Amended by: (629)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (630)

Sec. 23.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND COMMISSION. (631)(1-click HTML)

(a) The commission may request from each licensing authority the name, address, social security number, license renewal date, and other identifying information for each individual who holds, applies for, or renews a license issued by the authority. (632)

(b) A licensing authority shall provide the requested information in the manner agreed to by the commission and the licensing authority. (633)

(c) The commission may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner. (634)

(d) The commission may adopt a reasonable implementation schedule for the requirements of this section. (635)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (636)

Amended by: (637)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (638)

Sec. 23.016. RULES, FORMS, AND PROCEDURES. (639)(1-click HTML)

The executive commissioner by rule shall prescribe forms and procedures for the implementation of this chapter. (640)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997. (641)

Amended by: (642)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015. (643)

SUBTITLE C. ASSISTANCE PROGRAMS (644)(1-click HTML)

CHAPTER 31. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS (645)(1-click HTML)
SUBCHAPTER A. ELIGIBILITY FOR FINANCIAL ASSISTANCE AND SERVICES (646)(1-click HTML)
Sec. 31.001. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. (647)(1-click HTML)

The commission shall provide financial assistance and services to families with dependent children in accordance with the provisions of this chapter. The commission shall give first priority in administering this chapter to assisting an adult recipient of or unemployed applicant for the financial assistance and services in finding and retaining a job. (648)

Acts 1979, 66th Leg., p. 2343, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 1.01, eff. Sept. 1, 1995. (649)

Amended by: (650)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.039, eff. April 2, 2015. (651)

Sec. 31.002. DEFINITION OF DEPENDENT CHILD. (652)(1-click HTML)

(a) In this chapter, the term "dependent child" applies to a child: (653)

(1) who is a resident of this state; (654)

(2) who is under 18 years of age or is under 19 years of age and is a full-time student in a secondary school or at the equivalent level of vocational or technical training if, before the child's 19th birthday, the child may reasonably be expected to complete the secondary school or training program; (655)

(3) who has been deprived of parental support or care because of the death, continued absence from home, or physical or mental incapacity of a parent; (656)

(4) who has insufficient income or other resources to provide a reasonable subsistence compatible with health and decency; and (657)

(5) who is living in the home residence of his or her father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece. (658)

(b) In this chapter, the term "dependent child" also applies to a child: (659)

(1) who meets the specifications set forth in Subsections (a)(1)-(4); (660)

(2) who has been removed from the home of a relative specified in Subsection (a)(5) as a result of a judicial determination that the child's residence there is contrary to his or her welfare; (661)

(3) whose placement and care are the responsibility of the Department of Family and Protective Services or an agency with which the Department of Family and Protective Services has entered into an agreement for the care and supervision of the child; (662)

(4) who has been placed in a foster home or child-care institution by the Department of Family and Protective Services; and (663)

(5) for whom the state may receive federal funds for the purpose of providing foster care in accordance with rules promulgated by the executive commissioner. (664)

Acts 1979, 66th Leg., p. 2343, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 395, Sec. 1, eff. June 2, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.014, eff. Sept. 1, 1995. (665)

Amended by: (666)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.040, eff. April 2, 2015. (667)

Sec. 31.0021. DEFINITION OF NONRECIPIENT PARENT. (668)(1-click HTML)

(a) Except as provided by Subsection (b), in this chapter, "nonrecipient parent" means an adult or minor parent who is not a recipient of financial assistance but who is living with the person's child who is a recipient of financial assistance. (669)

(b) "Nonrecipient parent" does not include: (670)

(1) a minor parent who is not the head of household; (671)

(2) a person who is ineligible for financial assistance because of the person's immigration status; or (672)

(3) a parent who cares for a family member with a disability living in the home if the family member does not attend school full-time and the need for the care is supported by medical documentation. (673)

Added by Acts 2007, 80th Leg., R.S., Ch. 1300 (S.B. 589), Sec. 1, eff. June 15, 2007. (674)

Amended by: (675)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.041, eff. April 2, 2015. (676)

Sec. 31.003. AMOUNT OF FINANCIAL ASSISTANCE. (677)(1-click HTML)

(a) The executive commissioner shall adopt rules governing the determination of the amount of financial assistance to be granted for the support of a dependent child. The amount granted, when combined with the income and other resources available for the child's support, must be sufficient to provide the child with a subsistence compatible with decency and health. (678)

(b) In considering the amount of income or other resources available to a child or a relative claiming financial assistance on the child's behalf, the commission shall also consider reasonable expenses attributable to earning the income. The commission may permit all or part of the earned or other income to be set aside for the future identifiable needs of the child, subject to limitations prescribed by the executive commissioner. (679)

(c) The commission's agents employed in the region or county in which the dependent child resides shall determine the amount to be paid in accordance with the rules promulgated by the executive commissioner. (680)

Acts 1979, 66th Leg., p. 2343, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (681)

Amended by: (682)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.042, eff. April 2, 2015. (683)

Sec. 31.0031. RESPONSIBILITY AGREEMENT. (684)(1-click HTML)

(a) The commission shall require each adult recipient to sign a bill of responsibilities that defines the responsibilities of the state and of the recipient and encourages personal responsibility. The commission shall explain to the applicant the work requirements and time-limited benefits in addition to the other provisions of the agreement before the applicant signs the agreement. The commission shall provide each applicant with a copy of the signed agreement. The agreement shall include pertinent case information, including the case number and a listing of the state's benefits. (685)

(b) The responsibilities of the state shall include administering programs, within available resources, that: (686)

(1) promote clear and tangible goals for recipients; (687)

(2) enable parents to provide for their children's basic necessities in a time-limited benefits program; (688)

(3) promote education, job training, and workforce development; (689)

(4) support the family structure through life and parenting skills training; (690)

(5) are efficient, fraud-free, and easily accessible by recipients; (691)

(6) gather accurate client information; and (692)

(7) give communities the opportunity to develop alternative programs that meet the unique needs of local recipients. (693)

(c) The executive commissioner shall adopt rules governing sanctions and penalties under this section to or for: (694)

(1) a person who fails to cooperate with each applicable requirement of the responsibility agreement prescribed by this section; and (695)

(2) the family of a person who fails to cooperate with each applicable requirement of the responsibility agreement. (696)

(d) The responsibility agreement shall require that: (697)

(1) the parent of a dependent child cooperate with the commission and the Title IV-D agency if necessary to establish the paternity of the dependent child and to establish or enforce child support; (698)

(2) if adequate and accessible providers of the services are available in the geographic area and subject to the availability of funds, each dependent child, as appropriate, complete early and periodic screening, diagnosis, and treatment checkups on schedule and receive the immunization series prescribed by Section 161.004, Health and Safety Code, unless the child is exempt under that section; (699)

(3) each adult recipient, or teen parent recipient who has completed the requirements regarding school attendance in Subdivision (6), not voluntarily terminate paid employment of at least 30 hours each week without good cause in accordance with rules adopted by the executive commissioner; (700)

(4) each adult recipient for whom a needs assessment is conducted participate in an activity to enable that person to become self-sufficient by: (701)

(A) continuing the person's education or becoming literate; (702)

(B) entering a job placement or employment skills training program; (703)

(C) serving as a volunteer in the person's community; or (704)

(D) serving in a community work program or other work program approved by the commission; (705)

(5) each caretaker relative or parent receiving assistance not use, sell, or possess marihuana or a controlled substance in violation of Chapter 481, Health and Safety Code, or abuse alcohol; (706)

(6) each dependent child younger than 18 years of age or teen parent younger than 19 years of age attend school regularly, unless the child has a high school diploma or high school equivalency certificate or is specifically exempted from school attendance under Section 25.086, Education Code; (707)

(7) each recipient comply with commission rules regarding proof of school attendance; and (708)

(8) each recipient attend appropriate parenting skills training classes, as determined by the needs assessment. (709)

(e) In conjunction with the Texas Education Agency, the executive commissioner by rule shall ensure compliance with the school attendance requirements of Subsection (d)(6) by establishing criteria for: (710)

(1) determining whether a child is regularly attending school; (711)

(2) exempting a child from school attendance in accordance with Subchapter C, Chapter 25, Education Code; and (712)

(3) determining when an absence is excused. (713)

(f) The executive commissioner by rule may provide for exemptions from Subsection (d)(4) or for a teen parent under Subsection (d)(6). The commission may not require participation in an activity under Subsection (d)(4) or for a teen parent under Subsection (d)(6) if funding for support services is unavailable. (714)

(g) In this section: (715)

(1) "Caretaker relative" means a person who is listed under Section 31.002(a)(5) in whose home residence a dependent child lives. (716)

(2) "Payee" means a person who resides in a household with a dependent child and who is within the degree of relationship with the child that is required of a caretaker relative but whose needs are not included in determining the amount of financial assistance provided for the person's household. (717)

(h) The commission shall require each payee to sign a bill of responsibilities that defines the responsibilities of the state and of the payee. The responsibility agreement must require that a payee comply with the requirements of Subsections (d)(1), (2), (5), (6), and (7). (718)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 2.02(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.53, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 682, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.86(a), 2.87, eff. Sept. 1, 2003. (719)

Amended by: (720)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.043, eff. April 2, 2015. (721)

Sec. 31.0032. PAYMENT OF ASSISTANCE FOR PERFORMANCE. (722)(1-click HTML)

(a) Except as provided by Section 231.115, Family Code, if after an investigation the commission or the Title IV-D agency determines that a person is not cooperating with a requirement of the responsibility agreement required under Section 31.0031, the commission shall immediately apply a sanction terminating the total amount of financial assistance provided under this chapter to or for the person and the person's family. (723)

(a-1) The commission shall apply a sanction or penalty imposed under Subsection (a) for a period ending when the person demonstrates cooperation with the requirement of the responsibility agreement for which the sanction was imposed or for a one-month period, whichever is longer. (724)

(b) The commission shall immediately notify the caretaker relative, second parent, or payee receiving the financial assistance if the commission will not make the financial assistance payment for the period prescribed by Subsection (a-1) because of a person's failure to cooperate with the requirements of the responsibility agreement during a month. (725)

(c) To the extent allowed by federal law, the commission may deny medical assistance for a person who is eligible for financial assistance but to whom that assistance is not paid because of the person's failure to cooperate. Medical assistance to the person's family may not be denied for the person's failure to cooperate. Medical assistance may not be denied to a person receiving assistance under this chapter who is under the age of 19, a pregnant adult, or any other person who may not be denied medical assistance under federal law. (726)

(d) This section does not prohibit the Texas Workforce Commission, the commission, or any health and human services agency, as defined by Section 531.001, Government Code, from providing child care or any other related social or support services for an individual who is eligible for financial assistance but to whom that assistance is not paid because of the individual's failure to cooperate. (727)

(e) The executive commissioner by rule shall establish procedures to determine whether a person has cooperated with the requirements of the responsibility agreement. (728)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 2.02(a), eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 74, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.88(a), eff. Sept. 1, 2003. (729)

Amended by: (730)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.044, eff. April 2, 2015. (731)

Sec. 31.0033. GOOD CAUSE HEARING FOR FAILURE TO COOPERATE. (732)(1-click HTML)

(a) If the commission or Title IV-D agency determines that a person has failed to cooperate with the requirements of the responsibility agreement under Section 31.0031, the person determined to have failed to cooperate or, if different, the person receiving the financial assistance may request a hearing to show good cause for failure to cooperate not later than the 13th day after the date the notice is sent under Section 31.0032. If the person determined to have failed to cooperate or, if different, the person receiving the financial assistance requests a hearing to show good cause not later than the 13th day after the date on which the notice is sent under Section 31.0032, the commission may not withhold or reduce the payment of financial assistance until the commission determines whether the person had good cause for the person's failure to cooperate. On a showing of good cause for failure to cooperate, the person may receive a financial assistance payment for the period in which the person failed to cooperate, but had good cause for that failure to cooperate. (733)

(b) The commission shall promptly conduct a hearing if a timely request is made under Subsection (a). (734)

(c) If the commission finds that good cause for the person's failure to cooperate was not shown at a hearing, the commission may not make a financial assistance payment in any amount to the person for the person or the person's family for the period prescribed by Section 31.0032(a-1). (735)

(d) The executive commissioner by rule shall establish criteria for good cause failure to cooperate and guidelines for what constitutes a good faith effort on behalf of a recipient under this section. (736)

(e) Except as provided by a waiver or modification granted under Section 31.0322, a person has good cause for failing or refusing to cooperate with the requirement of the responsibility agreement under Section 31.0031(d)(1) only if: (737)

(1) the person's cooperation would be harmful to the physical, mental, or emotional health of the person or the person's dependent child; or (738)

(2) the person's noncooperation resulted from other circumstances the person could not control. (739)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 2.02(a), eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 75, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.88(a), eff. Sept. 1, 2003. (740)

Amended by: (741)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.045, eff. April 2, 2015. (742)

Sec. 31.00331. ADDITIONAL PENALTY FOR CONTINUOUS FAILURE TO COOPERATE. (743)(1-click HTML)

A person who fails to cooperate with the responsibility agreement for two consecutive months becomes ineligible for financial assistance for the person or the person's family. The person may reapply for financial assistance but must cooperate with the requirements of the responsibility agreement for a one-month period before receiving an assistance payment for that month. (744)

  

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