Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 3. FACILITIES AND SERVICES FOR CHILDREN

TITLE 3. FACILITIES AND SERVICES FOR CHILDREN (6590)(1-click HTML)

SUBTITLE A. FACILITIES FOR CHILDREN (6591)(1-click HTML)

CHAPTER 62. DETENTION HOMES AND PARENTAL SCHOOLS (6592)(1-click HTML)
Sec. 62.001. DETENTION HOMES AND PARENTAL SCHOOLS. (6593)(1-click HTML)

(a) Any county may establish detention homes and parental schools for juveniles. The commissioners court may appropriate necessary funds from the general fund of the county to establish, equip, and maintain detention homes and parental schools for the juveniles of the county. (6594)

(b) Any county in which no detention home or parental school exists may appropriate funds necessary to pay for the proper care and training of its juveniles in the detention home or parental school of any county that agrees to receive the juveniles. The cost of the care shall be agreed on by the commissioners courts of the counties concerned. (6595)

(c) If, in the opinion of the commissioners court, it is necessary to levy a special tax to establish and maintain a detention home or parental school or to pay for the care and training of juveniles as provided by Subsection (b) of this section, the commissioners court may hold a special election on the question of levying the tax. If a petition signed by 10 percent of the qualified voters of the county is submitted requesting a special election, the commissioners court shall hold the special election. (6596)

(d) All elections held under Subsection (c) of this section shall be governed by the general laws relating to elections for the levy of special school taxes. (6597)

Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (6598)

Sec. 62.002. MULTICOUNTY FACILITIES. (6599)(1-click HTML)

(a) The purpose of this section is to enable counties jointly to provide better probation services and detention and diagnostic facilities for juveniles than the counties, acting singly, would be able to provide. (6600)

(b) The commissioners courts of two or more counties may enter into cooperative agreements to acquire, maintain, and operate detention and diagnostic facilities for juveniles. The counties may maintain, improve, and operate the property so acquired and all improvements thereon, and may sell or lease all or any part of the property and improvements in accordance with the terms of the cooperative agreement. The counties may accept any donation or gift made for the purpose of acquiring, maintaining, or operating the juvenile facilities. (6601)

(c) In accordance with the terms of the cooperative agreement, each county which is a party to the agreement may issue the bonds of the county as provided by Chapter 1301, Government Code, for the purpose of acquiring, maintaining, and operating the facilities for juveniles. (6602)

(d) The commissioners courts of two or more counties may enter into cooperative agreements to provide probation services for juveniles. The cooperative agreement shall set forth in detail how the probation services are to be provided and financed. (6603)

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.281, eff. Sept. 1, 2001. (6604)

CHAPTER 63. RESIDENTIAL FACILITIES FOR CERTAIN DELINQUENT CHILDREN (6605)(1-click HTML)
Sec. 63.001. DEFINITIONS. (6606)(1-click HTML)

In this chapter: (6607)

(1) "Juvenile" means a person from the age of 10 to 18 years who has been found to have engaged in delinquent conduct by a court of competent jurisdiction. (6608)

(2) "Facility" means a residential facility for the placement of juveniles for periods up to one year in length. (6609)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6610)

Amended by: (6611)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.003, eff. September 1, 2009. (6612)

Sec. 63.002. AUTHORITY TO OPERATE FACILITY. (6613)(1-click HTML)

A county or a combination of counties may, and they are hereby authorized to, elect to own, establish, operate, and staff a long-term residential facility for the detention of juvenile offenders. (6614)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6615)

Amended by: (6616)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.004, eff. September 1, 2009. (6617)

Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. (6618)(1-click HTML)

The facility is an agency of the state, a governmental unit, and a unit of local government as defined and specified by Chapters 101 and 102, Civil Practice and Remedies Code, and a local government as defined by Section 791.003, Government Code. (6619)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6620)

Amended by: (6621)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.005, eff. September 1, 2009. (6622)

Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY. (6623)(1-click HTML)

The facility shall be governed by a board of trustees. The board of trustees for a facility created by a single county may be the commissioners court of the forming county, or the commissioners court may appoint from the qualified voters of the region to be served a board of trustees consisting of no less than five nor more than nine persons. If the board of trustees is appointed from the qualified voters of the region to be served, the terms of the members thereof shall be staggered by appointing not less than one-third nor more than one-half of the members for one year, or until their successors are appointed, and by appointing the remaining members for two years, or until their successors are appointed. Thereafter, all appointments shall be made for a two-year period, or until their successors are appointed. Appointments made to fill unexpired terms shall be for the period of the unexpired term, or until a successor is appointed. (6624)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6625)

Amended by: (6626)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.006, eff. September 1, 2009. (6627)

Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES FACILITY. (6628)(1-click HTML)

A facility created by a combination of counties shall be governed by a board of trustees. Such board of trustees shall consist of not less than five nor more than nine members selected from the commissioners court of such counties, or such commissioners court may jointly appoint a board of trustees from among the qualified voters of the region to be served in the manner described above. (6629)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6630)

Amended by: (6631)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.007, eff. September 1, 2009. (6632)

Sec. 63.006. BOARD MEETINGS. (6633)(1-click HTML)

The board of trustees shall make rules to govern the holding of regular and special meetings. All meetings of the board of trustees shall be open to the public to the extent required by and in accordance with the general law of this state requiring meetings of governmental bodies to be open to the public. Should the board of trustees discuss any juvenile either in residence in the facility, being transferred to the facility, or who has formerly been a resident of the facility, such discussion shall be conducted in closed session, and such discussion, or any record thereof, shall not be open to the public. (6634)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6635)

Amended by: (6636)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.008, eff. September 1, 2009. (6637)

Sec. 63.007. QUORUM. (6638)(1-click HTML)

A majority of the membership of the board of trustees shall constitute a quorum for the transaction of business. (6639)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6640)

Amended by: (6641)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.009, eff. September 1, 2009. (6642)

Sec. 63.008. FACILITY ADMINISTRATION. (6643)(1-click HTML)

The board of trustees is responsible for the administration of the facility. (6644)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6645)

Amended by: (6646)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.010, eff. September 1, 2009. (6647)

Sec. 63.009. BOARD POLICIES. (6648)(1-click HTML)

The board of trustees shall develop policies consistent with the rules, regulations, and standards of the Texas Juvenile Justice Department. (6649)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6650)

Amended by: (6651)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.011, eff. September 1, 2009. (6652)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 119, eff. September 1, 2015. (6653)

Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. (6654)(1-click HTML)

The board of trustees shall standardize qualifications for personnel positions in the community center consistent with those established by the Texas Juvenile Justice Department. (6655)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6656)

Amended by: (6657)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.012, eff. September 1, 2009. (6658)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 120, eff. September 1, 2015. (6659)

Sec. 63.011. ADVISORY COMMITTEES. (6660)(1-click HTML)

The board of trustees may appoint advisory committees to advise the board on matters relating to the administration of the facility. No such committee shall consist of less than five members, and the appointment of such committees shall not relieve the board of trustees of final responsibility and accountability as provided in this chapter. (6661)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6662)

Amended by: (6663)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.013, eff. September 1, 2009. (6664)

Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT. (6665)(1-click HTML)

The board of trustees shall appoint an executive director for the facility. (6666)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6667)

Amended by: (6668)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.014, eff. September 1, 2009. (6669)

Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED POWERS. (6670)(1-click HTML)

The executive director shall have the powers delegated by and be subject to the policy direction of the board of trustees. (6671)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6672)

Amended by: (6673)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.015, eff. September 1, 2009. (6674)

Sec. 63.014. FACILITY PERSONNEL. (6675)(1-click HTML)

The board of trustees or the director may employ and train personnel for the administration of the various programs and services of the facility. The employee shall be provided the appropriate rights, privileges, and benefits available to the employees of the governing bodies that establish the facility. The board of trustees is authorized to provide workers' compensation benefits in the manner provided by Chapter 504, Labor Code. (6676)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.64, eff. Sept. 1, 1995. (6677)

Amended by: (6678)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.016, eff. September 1, 2009. (6679)

Sec. 63.015. COUNTY CONTRIBUTIONS. (6680)(1-click HTML)

Each county participating in the creation of the facility may contribute lands, buildings, personnel, and funds for the administration of the various programs and services of the facility. (6681)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6682)

Amended by: (6683)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.017, eff. September 1, 2009. (6684)

Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. (6685)(1-click HTML)

The board of trustees of the facility may accept gifts, grants, and donations of money, personal property, and real property for use in the administration of its programs and services. (6686)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6687)

Amended by: (6688)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.018, eff. September 1, 2009. (6689)

Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (6690)(1-click HTML)

(a) In the instance of a facility formed by a single county, the commissioners court of the creating county may acquire, through gift, purchase, condemnation, or any other method, real property for the purpose of locating a facility on such property. Such property may be acquired outside of the boundaries of the creating county if, in the opinion of the commissioners court of the forming county, there will exist a demand for the services to be provided by the facility in the county in which the facility is to be located in addition to any need which may already exist within the boundaries of the creating county. (6691)

(b) The board of trustees for a facility created by a single county shall establish rules and regulations for the admission of juveniles into the facility from other than the forming county. Such rules may allow that the forming county shall have priority in the placement of its juveniles into the facility. The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility, and such rates may be reduced for those juveniles being admitted from the county which created the facility. (6692)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6693)

Amended by: (6694)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.019, eff. September 1, 2009. (6695)

Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (6696)(1-click HTML)

(a) In the instance of a facility being created by two or more counties, the commissioners courts of the forming counties may acquire, by gift, purchase, condemnation, or other means, real property for the purpose of locating the facility on such property. The method of acquisition and the amount of cost sharing between those counties shall be negotiated among the forming counties and reduced to contract. Such property to be acquired shall be situated within the boundaries of any one of the creating counties. (6697)

(b) The board of trustees for a facility created by an organizational component of two or more counties shall establish rules and regulations for the admission of juveniles who are residents of other than the creating counties. The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility, and those rates may be reduced for juveniles being admitted from a county that was part of the organizational component that created the facility. (6698)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6699)

Amended by: (6700)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.020, eff. September 1, 2009. (6701)

Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES. (6702)(1-click HTML)

The board of trustees may make rules consistent with those promulgated by the Texas Juvenile Justice Department and the policies, principles, and standards provided in this Act to regulate the administration of services by the facility to the juveniles placed into the facility. (6703)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6704)

Amended by: (6705)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.021, eff. September 1, 2009. (6706)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 121, eff. September 1, 2015. (6707)

Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. (6708)(1-click HTML)

The board of trustees will provide at least the following services to a juvenile who is placed into the facility: (6709)

(1) Education. Upon admission into the facility, the juvenile will be tested to determine his educational level, and a program of instruction consistent with the juvenile's educational level shall be developed to educate the juvenile. Education shall be given to each juvenile admitted in the facility consistent with the standards set forth by the Texas Juvenile Justice Department. (6710)

(2) Counseling. Upon admission into the facility, the juvenile shall be examined by a trained psychologist or psychiatrist to determine if the juvenile would benefit from a program of counseling. At the completion of such examination, the findings of the psychologist or psychiatrist shall be forwarded to the director in the form of a recommendation that counseling be given to the juvenile, along with a program of counseling to be adhered to by the staff of the facility. (6711)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6712)

Amended by: (6713)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.022, eff. September 1, 2009. (6714)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 122, eff. September 1, 2015. (6715)

Sec. 63.021. LIST OF SERVICES. (6716)(1-click HTML)

The board of trustees of the facility shall devise a list of services that it will offer to each juvenile who is placed into the facility for the use by the court in making its determination as to whether the juvenile would benefit by admission into the facility. (6717)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6718)

Amended by: (6719)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.023, eff. September 1, 2009. (6720)

Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING OF PERSONNEL; CONTRACTS AUTHORIZED. (6721)(1-click HTML)

The facility may engage in research and in recruitment and training of personnel in support of its programs and services and may make contracts for those purposes. (6722)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6723)

Amended by: (6724)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.024, eff. September 1, 2009. (6725)

Sec. 63.023. FEES FOR SERVICES. (6726)(1-click HTML)

The board of trustees for the facility may charge reasonable fees to cover costs for services provided, except where prohibited by other service contracts or by law. (6727)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6728)

Amended by: (6729)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.025, eff. September 1, 2009. (6730)

Sec. 63.024. PAYMENT OF FEES BY COUNTY. (6731)(1-click HTML)

In collecting fees for the treatment rendered juveniles, the director will bill directly that county in which the juvenile resided prior to his admission to the facility. The county that receives such a bill from the director must pay that bill within 45 days of its receipt. (6732)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6733)

Amended by: (6734)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.026, eff. September 1, 2009. (6735)

Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED TO JUVENILES RESIDING IN ANOTHER COUNTY. (6736)(1-click HTML)

The board of trustees may provide that juveniles who reside outside the boundaries of a county that participated in the formation of the facility may be admitted to the facility. However, the charges to the county of residence of the juvenile may be billed at a rate higher than that charged to a county that participated in the formation of the facility. (6737)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6738)

Amended by: (6739)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.027, eff. September 1, 2009. (6740)

Sec. 63.026. COURT-ORDERED ADMISSION. (6741)(1-click HTML)

A juvenile may be admitted upon the order of a court of competent jurisdiction that finds that the juvenile has engaged in delinquent conduct and is in need of supervision or is experiencing a dysfunctional home environment and will benefit from placement in the facility. (6742)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6743)

Amended by: (6744)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.028, eff. September 1, 2009. (6745)

Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE'S RESIDENCE. (6746)(1-click HTML)

The court will include in its order the length of time that the juvenile will reside in the facility, which will not exceed a period of one year. At the conclusion of the one-year period, the court will make a determination as to whether the juvenile will benefit from further residence within the facility. The court may then order the juvenile to be placed into the facility for additional time not to exceed one year. (6747)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6748)

Amended by: (6749)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.029, eff. September 1, 2009. (6750)

Sec. 63.028. MODIFICATION OF COURT ORDER. (6751)(1-click HTML)

The court may modify any order by which a juvenile is placed in the facility upon recommendation of the director of the facility. (6752)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6753)

Amended by: (6754)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.030, eff. September 1, 2009. (6755)

SUBTITLE B. SERVICES FOR CHILDREN (6756)(1-click HTML)

CHAPTER 72. HEAD START PROGRAMS (6757)(1-click HTML)
Sec. 72.001. DEFINITION. (6758)(1-click HTML)

In this chapter, "Head Start program" means the federal program established under the Head Start Act (42 U.S.C. Section 9831 et seq.) and its subsequent amendments. (6759)

Added by Acts 1999, 76th Leg., ch. 402, Sec. 2, eff. Aug. 30, 1999. (6760)

Sec. 72.002. EDUCATIONAL SERVICES. (6761)(1-click HTML)

To promote the comprehensive health, safety, and well-being of children receiving child care through Head Start programs, a program provider shall provide educational services to children participating in the program so that each child is prepared to enter school and is ready to learn after completing the program. The educational services provided must include components designed to enable a child to: (6762)

(1) develop phonemic, print, and numeracy awareness, including the ability to: (6763)

(A) recognize that letters of the alphabet are a special category of visual graphics that can be individually named; (6764)

(B) recognize a word as a unit of print; (6765)

(C) identify at least 10 letters of the alphabet; and (6766)

(D) associate sounds with written words; (6767)

(2) understand and use language to communicate for various purposes; (6768)

(3) understand and use an increasingly complex and varied vocabulary; (6769)

(4) develop and demonstrate an appreciation of books; and (6770)

(5) progress toward mastery of the English language, if the child's primary language is a language other than English. (6771)

Added by Acts 1999, 76th Leg., ch. 402, Sec. 2, eff. Aug. 30, 1999. (6772)

Sec. 72.003. COORDINATION OF SERVICES. (6773)(1-click HTML)

(a) In a manner consistent with federal law and regulations, each Head Start and Early Head Start program provider shall coordinate with the Texas Workforce Commission and local workforce development boards regarding subsidized child-care services. (6774)

(b) The coordination required by this section must include coordinating to ensure, to the extent practicable, that full-day, full-year child-care services are available to meet the needs of low-income parents who are working or participating in workforce training or workforce education. The coordination may also include: (6775)

(1) cooperating with the Texas Workforce Commission regarding studies conducted by the commission; (6776)

(2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a Head Start or Early Head Start program, when permissible; (6777)

(3) cooperating to provide for staff training and professional development activities; (6778)

(4) identifying and developing methods for the collaborative provision of subsidized child-care services and Head Start or Early Head Start program services, including: (6779)

(A) sharing facilities or staff; and (6780)

(B) increasing the enrollment capacity of those programs; (6781)

(5) identifying child-care facilities located in close proximity to Head Start or Early Head Start programs; and (6782)

(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a Head Start or Early Head Start program. (6783)

Added by Acts 2001, 77th Leg., ch. 616, Sec. 1, eff. Sept. 1, 2001. (6784)

CHAPTER 73. EARLY CHILDHOOD INTERVENTION SERVICES (6785)(1-click HTML)
Sec. 73.001. DEFINITIONS. (6786)(1-click HTML)

In this chapter: (6787)

(1) "Commission" means the Health and Human Services Commission. (6788)

(2) "Department" means the Department of Assistive and Rehabilitative Services. (6789)

(3) "Developmental delay" means a significant variation in normal development as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: (6790)

(A) cognitive development; (6791)

(B) physical development; (6792)

(C) communication development; (6793)

(D) social or emotional development; or (6794)

(E) adaptive development. (6795)

(4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (6796)

Added by Acts 1983, 68th Leg., p.1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, Sec. 1, eff. Sept. 1, 1997. (6797)

Amended by: (6798)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.304, eff. April 2, 2015. (6799)

Sec. 73.003. STRATEGIC PLAN. (6800)(1-click HTML)

The department shall develop and implement a strategic plan for a statewide system of early childhood intervention services, as required by Part C, Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 et seq.), and its subsequent amendments, to ensure that the provisions of this chapter are properly implemented by the agencies affected. (6801)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, Sec. 5, eff. Sept. 1, 1997. (6802)

Amended by: (6803)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.305, eff. April 2, 2015. (6804)

Sec. 73.004. ADVISORY COMMITTEE. (6805)(1-click HTML)

(a) The governor shall appoint an advisory committee to assist the department in the performance of its duties under this chapter. The executive commissioner shall establish the size and composition of the committee by rule, consistent with federal regulations and state rules. The commissioner of assistive and rehabilitative services may also appoint ex officio members to serve for specific purposes to assist the department in the performance of its duties under this chapter. (6806)

(b) The committee shall meet and serve in accordance with department rules, but the committee shall elect its own presiding officer. The committee may be divided into regional committees to assist the department in community-level program planning and implementation under this chapter. (6807)

(c) The advisory committee is not subject to Chapter 2110, Government Code. (6808)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.18, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 923, Sec. 6, eff. Sept. 1, 1997. (6809)

Amended by: (6810)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.306, eff. April 2, 2015. (6811)

Sec. 73.0041. ADVISORY COMMITTEE DUTIES. (6812)(1-click HTML)

The advisory committee established under Section 73.004 shall perform the duties and responsibilities required of an advisory committee under 20 U.S.C. Section 1441 and its subsequent amendments. (6813)

Added by Acts 1997, 75th Leg., ch. 923, Sec. 7, eff. Sept. 1, 1997. (6814)

Amended by: (6815)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.307, eff. April 2, 2015. (6816)

Sec. 73.0045. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. (6817)(1-click HTML)

To the extent a power or duty given to the commissioner of assistive and rehabilitative services by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls. (6818)

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.06, eff. Sept. 1, 1999. (6819)

Amended by: (6820)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.308, eff. April 2, 2015. (6821)

Sec. 73.005. ISSUES RELATED TO INTERVENTION SERVICES; LEGISLATIVE PROPOSALS. (6822)(1-click HTML)

(a) The executive commissioner with the advice of the advisory committee shall address contemporary issues affecting intervention services in the state including: (6823)

(1) successful intervention strategies; (6824)

(2) personnel preparation and continuing education; (6825)

(3) screening services; (6826)

(4) day or respite care services; (6827)

(5) public awareness; and (6828)

(6) contemporary research. (6829)

(b) The executive commissioner with the advice of the advisory committee shall advise the legislature on legislation that is needed to maintain a statewide system of quality intervention services for children with developmental delay who are under three years of age and the families of those children. The department may develop and submit legislation to the legislature or comment on pending legislation that affects this population. (6830)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, Sec. 8, eff. Sept. 1, 1997. (6831)

Amended by: (6832)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.309, eff. April 2, 2015. (6833)

Sec. 73.0051. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT UNDER CHAPTER. (6834)(1-click HTML)

(a) The department is the lead agency designated by the governor under Part C, Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 et seq.), and its subsequent amendments, for the administration, supervision, and monitoring of a statewide comprehensive system of early intervention services that will ensure that all infants and toddlers in this state who are below the age of three and have developmental needs or are at risk of developmental delay receive services that are provided in partnership with their families and in the context of their local community. (6835)

(b) The executive commissioner by rule shall: (6836)

(1) provide for compliance with the terms and provisions of applicable federal and state laws in the administration of programs and the delivery of services under this chapter; (6837)

(2) establish a program to monitor fiscal and program implementation under this chapter; and (6838)

(3) establish appropriate sanctions for providers who fail to comply with statutory and regulatory fiscal and program requirements under this chapter. (6839)

(c) The department may enter into, administer, and monitor contracts with providers for programs and projects authorized under this chapter. (6840)

(d) The department shall periodically monitor program activities and fiscal performance of the entities funded under this chapter to: (6841)

(1) determine compliance with federal and state requirements; (6842)

(2) assess the performance of the entities in identifying children under three years of age with developmental delay in populations at risk of developmental delay; and (6843)

(3) issue reports regarding program monitoring. (6844)

(e) The department may apply for and accept gifts, grants, and donations from public and private sources for use in programs authorized under this chapter. The department shall deposit money received under this section into the state treasury. (6845)

(f) The department shall: (6846)

(1) cooperate with the commission and other local, state, and federal agencies in the strategic planning, funding, delivery, and monitoring of services authorized under this chapter; and (6847)

(2) jointly with the Department of Family and Protective Services develop and implement policies applicable to providers of services authorized under this chapter in situations involving service recipients who are vulnerable to abuse or neglect. (6848)

(g) The department shall make periodic reports relating to the department's functions under this chapter as required by law to other agencies, the legislature, appropriate committees, the governor, and the United States secretary of education. (6849)

(h) The department shall ensure that all programs and department functions under this chapter are conducted in a nondiscriminatory manner. (6850)

(i) The department shall include parents when deciding the appropriate treatment for the needs of their child or children under this chapter. After establishing an initial and ongoing treatment plan for a child, the department shall ensure that the child's parents continue to be included in all decisions relating to the services provided to the child, including the determination of the most appropriate setting for the child to receive services. The department shall ensure that a child's parents receive written notification of the progress toward meeting the child's treatment plan. The notification must include details to assist parents in meeting the child's treatment goals. (6851)

(j) The department shall provide services under this chapter in the child's natural environments but must make alternatives available when early intervention cannot be achieved satisfactorily in a natural environment. (6852)

(k) The department shall cooperate with the commission to select an appropriate automated system or systems currently used by a state agency to plan, manage, and maintain records of client services under this chapter. If cost-effective, the department may use the automated system or systems to carry out other appropriate department administrative functions under this chapter. (6853)

(l) The executive commissioner by rule may establish a system of payments by families of children receiving services under this chapter, including a schedule of sliding fees, in a manner consistent with 34 C.F.R. Sections 303.13(a)(3), 303.520, and 303.521. (6854)

Added by Acts 1997, 75th Leg., ch. 923, Sec. 9, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 33, Sec. 5, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.114, eff. Sept. 1, 2003. (6855)

Amended by: (6856)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.310, eff. April 2, 2015. (6857)

Sec. 73.006. REIMBURSEMENT FOR EXPENSES. (6858)(1-click HTML)

(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(63), eff. April 2, 2015. (6859)

(b) The members of the advisory committee are entitled to reimbursement for reasonable and necessary expenses incurred in the performance of advisory committee duties, including reimbursement for child care. (6860)

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(63), eff. April 2, 2015. (6861)

(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(63), eff. April 2, 2015. (6862)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, Sec. 31, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.142, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 923, Sec. 11, eff. Sept. 1, 1997. (6863)

Amended by: (6864)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.311, eff. April 2, 2015. (6865)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(63), eff. April 2, 2015. (6866)

Sec. 73.007. PUBLIC AWARENESS AND TRAINING. (6867)(1-click HTML)

The department shall develop and implement: (6868)

(1) a general public awareness strategy focusing on the importance of prenatal care and early identification of infants and toddlers with developmental delay and the availability of resources to meet their needs; and (6869)

(2) a statewide plan for conducting training and technical assistance for service providers, primary referral sources, and families with children under three years of age with developmental delay. (6870)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 22, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, Sec. 12, eff. Sept. 1, 1997. (6871)

Amended by: (6872)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.312, eff. April 2, 2015. (6873)

Sec. 73.008. EARLY IDENTIFICATION STRATEGY. (6874)(1-click HTML)

(a) The department shall develop and implement a statewide strategy for: (6875)

(1) the early identification of children under three years of age with developmental delay; (6876)

(2) improving the early identification of children under three years of age with developmental delay in populations at risk of developmental delay, through measures such as: (6877)

(A) targeting at-risk populations and appropriate geographical regions; and (6878)

(B) monitoring the performance of providers of services authorized under this chapter in identifying those children; and (6879)

(3) the coordination of programs with other agencies serving children with developmental delay, including the coordination of policy issues that affect children with developmental delay who are three years of age or older. (6880)

(b) The strategy must include plans to: (6881)

(1) incorporate, strengthen, and expand similar existing local efforts; (6882)

(2) incorporate and coordinate screening services currently provided through a public agency; (6883)

(3) establish a liaison with primary referral sources, including hospitals, physicians, public health facilities, and day-care facilities, to encourage referrals of children with developmental delay; and (6884)

(4) provide active leadership in addressing issues affecting the effectiveness of services for children with developmental delay, including issues such as the provision of respite care and development of incentives to encourage provision of respite care by providers of services authorized under this chapter. (6885)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, Sec. 13, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 33, Sec. 7, eff. Sept. 1, 1999. (6886)

Amended by: (6887)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.313, eff. April 2, 2015. (6888)

Sec. 73.009. REFERRAL FOR SERVICES. (6889)(1-click HTML)

(a) The department shall develop and the executive commissioner shall establish policies concerning services described by this section. A child under three years of age and the child's family may be referred for services described by this section if the child is: (6890)

(1) identified as having a developmental delay; (6891)

(2) suspected of having a developmental delay; or (6892)

(3) considered at risk of developmental delay. (6893)

(b) For each child referred, the department shall ensure the performance of appropriate medical or developmental screening or evaluation, and if such screening services or evaluation services are not available, the department shall ensure that the child is referred to a public or private program that can meet the child's needs. (6894)

(c) Services under this section shall be provided in a manner that minimizes intrusion into family privacy. (6895)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, Sec. 32, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 923, Sec. 14, eff. Sept. 1, 1997. (6896)

Amended by: (6897)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.314, eff. April 2, 2015. (6898)

Sec. 73.010. ELIGIBILITY FOR SERVICES. (6899)(1-click HTML)

A child is eligible for services under this chapter if the child: (6900)

(1) is under three years of age; and (6901)

(2) is documented as having developmental delay or has a medically diagnosed physical or mental condition that has a high probability of resulting in developmental delay. (6902)

Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec. 4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, Sec. 33, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, Sec. 6.57, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 923, Sec. 15, eff. Sept. 1, 1997. (6903)

Sec. 73.011. PROVIDER SELECTION. (6904)(1-click HTML)

(a) The department shall select providers of services authorized under this chapter on a best value basis in a manner that: (6905)

(1) maximizes federal, private, and local sources of funding; and (6906)

(2) promotes competition when possible. (6907)

(b) The department shall determine best value as required by Subsection (a) when the department initially awards a contract to a provider and when the department considers renewal of a provider's contract. (6908)

(c) In determining whether a provider will provide best value to the department, the department shall consider: (6909)

(1) the past performance of the provider; (6910)

(2) the quality of the provider's services; (6911)

(3) the cost of the provider's services; (6912)

(4) the ability of the provider to maximize federal, private, and local sources of funding; (6913)

(5) the ability of the provider to comply with state and federal program requirements; (6914)

(6) the availability of the provider to deliver required services; and (6915)

(7) any other relevant factor. (6916)

Added by Acts 1999, 76th Leg., ch. 33, Sec. 8, eff. Sept. 1, 1999. (6917)

Amended by: (6918)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.315, eff. April 2, 2015. (6919)

Sec. 73.022. FINANCES. (6920)(1-click HTML)

(a) The executive commissioner shall: (6921)

(1) ensure compliance with requirements necessary to obtain federal funds in the maximum amount and the most advantageous proportions possible for programs funded under this chapter; and (6922)

(2) seek funding in a manner that maximizes the total amount of money available from federal, private, and local sources for programs funded under this chapter. (6923)

(a-1) The department shall: (6924)

(1) apply for, receive, administer, and spend federal and state funds for Part C, Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 et seq.), and its subsequent amendments, dealing with infants and toddlers from birth to age three with developmental delay and their families; and (6925)

(2) authorize and account for the classification and spending of maintenance of effort and carryover funds from all sources in carrying out the programs funded under this chapter. (6926)

(b) All money paid to the department under this chapter shall be deposited in the state treasury and may be used only for the administration of this chapter. (6927)

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(64), eff. April 2, 2015. (6928)

(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(64), eff. April 2, 2015. (6929)

(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(64), eff. April 2, 2015. (6930)

(f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(117), eff. June 17, 2011. (6931)

Added by Acts 1989, 71st Leg., ch. 813, Sec. 6.09, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.58, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 923, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 33, Sec. 9, eff. Sept. 1, 1999. (6932)

Amended by: (6933)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(117), eff. June 17, 2011. (6934)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.316, eff. April 2, 2015. (6935)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(64), eff. April 2, 2015. (6936)

Sec. 73.024. APPLICATION OF OPEN MEETINGS LAW, OPEN RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY COMMITTEE. (6937)(1-click HTML)

The advisory committee is subject to the requirements of the open meetings law, Chapter 551, Government Code, the open records law, Chapter 552, Government Code, and Chapter 2001, Government Code. (6938)

Added by Acts 1997, 75th Leg., ch. 923, Sec. 18, eff. Sept. 1, 1997. (6939)

Amended by: (6940)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.317, eff. April 2, 2015. (6941)

SUBTITLE D. MISCELLANEOUS PROVISIONS (6942)(1-click HTML)

CHAPTER 80. MISCELLANEOUS PROVISIONS (6943)(1-click HTML)
Sec. 80.001. FINGERPRINTING FOR IDENTIFICATION. (6944)(1-click HTML)

(a) A state law enforcement agency or the law enforcement agency of any political subdivision of the state shall comply with the request of a person to have a record of his fingerprints made or a record of the fingerprints of a child or ward of the person made. (6945)

(b) A law enforcement agency may charge a fee not to exceed $10 for the service provided under this section and may retain records of fingerprints made under this section. (6946)

Added by Acts 1985, 69th Leg., ch. 117, Sec. 6(a), eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 695, Sec. 1, eff. Sept. 1, 1995. (6947)

Sec. 80.003. CHILDREN BORN TO IMPRISONED WOMEN. (6948)(1-click HTML)

(a) The department shall provide medical care for a child born to a woman who, at the time of giving birth, is imprisoned in the Texas Department of Criminal Justice if there is no other source of payment for the medical care. (6949)

(b) In this section, "medical care" means the care relating to childbirth and the period of the child's hospitalization immediately following the birth or rehospitalization in the first 28 days of life. (6950)

Added by Acts 1989, 71st Leg., ch. 1117, Sec. 1, eff. Sept. 1, 1989. Renumbered from Sec. 80.002 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(15), eff. Sept. 6, 1990. (6951)

Amended by: (6952)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.116, eff. September 1, 2009. (6953)

TITLE 4. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (6954)

CHAPTER 81. FUNCTIONS OF DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES RELATING TO PERSONS WHO ARE DEAF OR HARD OF HEARING (6955)(1-click HTML)
Sec. 81.001. DEFINITIONS. (6956)(1-click HTML)

In this chapter: (6957)

(1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(67), eff. April 2, 2015. (6958)

(2) "Deaf" means a hearing impairment of such severity that an individual must depend on visual methods to communicate. (6959)

(2-a) "Department" means the Department of Assistive and Rehabilitative Services. (6960)

(3) "Hard of hearing" means a hearing impairment that results in a loss of hearing function to an individual and in which the individual: (6961)

(A) relies on residual hearing; and (6962)

(B) may depend on visual methods to communicate. (6963)

(4) "Deaf-blind" means: (6964)

(A) being legally blind and possessing a hearing impairment of such severity that a person cannot understand most speech even with the use of optimum amplification; or (6965)

(B) having a medical diagnosis of deteriorating hearing and vision expected to lead to the condition described by Paragraph (A). (6966)

(5) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (6967)

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 343, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 183, Sec. 1, eff. May 26, 1989; Acts 1991, 72nd Leg., ch. 353, Sec. 9, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 118, Sec. 1, eff. May 23, 2003. (6968)

Amended by: (6969)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.320, eff. April 2, 2015. (6970)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(67), eff. April 2, 2015. (6971)

Sec. 81.0055. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. (6972)(1-click HTML)

To the extent a power or duty given to the commissioner of assistive and rehabilitative services by this chapter, or another law relating to services for persons who are deaf or hard of hearing, conflicts with Section 531.0055, Government Code, Section 531.0055 controls. (6973)

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.08, eff. Sept. 1, 1999. (6974)

Amended by: (6975)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.321, eff. April 2, 2015. (6976)

Sec. 81.006. DUTIES AND POWERS OF DEPARTMENT AND EXECUTIVE COMMISSIONER UNDER CHAPTER. (6977)(1-click HTML)

(a) The department shall: (6978)

(1) develop and implement a statewide program of advocacy and education to ensure continuity of services to persons who are deaf, deaf-blind, or hard of hearing; (6979)

(2) provide direct services to persons who are deaf or hard of hearing, including communication access, information and referral services, advocacy services, services to elderly persons who are deaf or hard of hearing, and training in accessing basic life skills; (6980)

(3) work to ensure more effective coordination and cooperation among public and nonprofit organizations providing social and educational services to individuals who are deaf or hard of hearing; (6981)

(4) maintain a registry of available qualified interpreters for persons who are deaf or hard of hearing by updating the registry at least quarterly and making the registry available to interested persons at cost; (6982)

(5) establish a system to approve and provide courses and workshops for the instruction and continuing education of interpreters for persons who are deaf or hard of hearing; (6983)

(6) assist institutions of higher education that have or are initiating training programs for interpreters for persons who are deaf or hard of hearing; (6984)

(6-a) develop guidelines for the curricula for the programs described by Subdivision (6) to promote uniformity of the skills taught within those programs; (6985)

(7) with the assistance of the Texas Higher Education Coordinating Board, develop standards for evaluation of the programs described by Subdivision (6); and (6986)

(8) develop guidelines to clarify the circumstances under which interpreters certified by the department are qualified to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. (6987)

(b) The department may: (6988)

(1) appoint one or more advisory committees to consult with and advise the department under this chapter; (6989)

(2) collect training fees and accept gifts, grants, and donations of money, personal property, or real property for use in expanding and improving services to persons of this state who are deaf or hard of hearing; (6990)

(3) contract with or provide grants to agencies, organizations, or individuals as necessary to implement this chapter; (6991)

(4) collect a reasonable fee from interpreters for training to defray the cost of conducting the training; (6992)

(5) develop guidelines for trilingual interpreter services; and (6993)

(6) provide training programs for persons who provide trilingual interpreter services. (6994)

(c) The executive commissioner shall establish the fees described by Subsections (b)(2) and (4). (6995)

(d) The executive commissioner may adopt rules necessary to implement this chapter, including rules adopting standards and guidelines under this section. (6996)

(f) The executive commissioner shall establish and the department shall collect reasonable fees for some or all department publications to cover the department's publication costs. However, the department shall waive the fee if a person who is deaf or hard of hearing is financially unable to pay for the publication, and may waive the fees for publications provided to certain entities. The executive commissioner shall adopt rules to implement this subsection. The rules must specify the standards used for determining ability to pay for a publication and must specify the types of entities for which the fees will be waived. (6997)

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Renumbered from Sec. 81.008 and amended by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 351, ch. 140, Sec. 1, eff. May 14, 1981; Acts 1983, 68th Leg., p. 2176, ch. 403, Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 619, Sec. 6, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 343, Sec. 4, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 508, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 835, Sec. 6, 28(1), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.62, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 122, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 2, 14, eff. May 23, 2003. (6998)

Amended by: (6999)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(118), eff. June 17, 2011. (7000)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.322, eff. April 2, 2015. (7001)

Sec. 81.007. BOARD FOR EVALUATION OF INTERPRETERS. (7002)(1-click HTML)

(a) The department may establish a program in accordance with this section for the certification of interpreters who have reached varying levels of proficiency in communication skills necessary to facilitate communication between persons who are deaf or hard of hearing and persons who are not deaf or hard of hearing. (7003)

(b) The department shall appoint an advisory board of seven persons to assist in administering the interpreter certification program. A board member may not receive compensation, but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the board, as provided in the General Appropriations Act. (7004)

(c) The board shall develop, subject to the department's approval, and the executive commissioner shall adopt qualifications for each of several levels of certification based on proficiency. The board shall evaluate and certify interpreters using these qualifications. (7005)

(d) A qualified board member may serve as an evaluator under Subsection (c), and the department shall compensate the board member for services performed as an evaluator. (7006)

(e) The executive commissioner by rule shall set and the department shall collect fees for written and performance examinations, for annual certificate renewal, and for recertification. The fees must be in an amount sufficient to recover the costs of the certification program. (7007)

(f) The department may waive any prerequisite to obtaining a certificate for an applicant after reviewing the applicant's credentials and determining that the applicant holds a certificate issued by another jurisdiction that has certification requirements substantially equivalent to those of this state. (7008)

(g) The executive commissioner by rule may adopt a system under which certificates are valid for a five-year period, subject to the certificate holder's payment of an annual certificate renewal fee. After expiration of the five-year period, an interpreter must be recertified by the department. The department may recertify an interpreter who: (7009)

(1) receives specified continuing education credits; or (7010)

(2) achieves an adequate score on a specified examination. (7011)

(h) The executive commissioner shall adopt rules specifying the grounds for denying, suspending, or revoking an interpreter's certificate. (7012)

(i) The department shall determine the frequency for conducting the interpreter examinations. The department shall conduct the interpreter examinations: (7013)

(1) in a space that can be obtained free of charge; or (7014)

(2) at a facility selected in compliance with Section 2113.106, Government Code. (7015)

(k) The department shall compensate an evaluator based on a fee schedule as determined by department rule. (7016)

(l) The department shall recognize, prepare, or administer continuing education programs for its certificate holders. A certificate holder must participate in the programs to the extent required by the department to keep the person's certificate. (7017)

Added by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 352, ch. 140, Sec. 3, eff. May 14, 1981; Acts 1983, 68th Leg., p. 2177, ch. 403, Sec. 2, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 619, Sec. 7, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 343, Sec. 6, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 687, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 722, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 835, Sec. 7, 28(3), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, Sec. 7, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 3, eff. May 23, 2003. (7018)

Amended by: (7019)

Acts 2009, 81st Leg., R.S., Ch. 857 (S.B. 2420), Sec. 1, eff. June 19, 2009. (7020)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.323, eff. April 2, 2015. (7021)

Sec. 81.0071. EXAMINATION RESULTS. (7022)(1-click HTML)

(a) Not later than the 60th day after the date on which a certification examination is administered under this chapter, the department shall notify each examinee of the results of the examination. However, if an examination is graded or reviewed by a national testing service, the department shall notify examinees of the results of the examination not later than the 14th day after the date on which the department receives the results from the testing service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify each examinee of the reason for the delay before the 90th day. (7023)

(c) The department may require a testing service to notify a person of the results of the person's examination. (7024)

Added by Acts 1985, 69th Leg., ch. 619, Sec. 8, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 122, Sec. 8, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 14, eff. May 23, 2003. (7025)

Amended by: (7026)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.324, eff. April 2, 2015. (7027)

Sec. 81.0072. REVOCATION OR SUSPENSION OF CERTIFICATE. (7028)(1-click HTML)

(a) The department, based on the recommendation of the Board for Evaluation of Interpreters, may revoke or suspend a certificate or place a certificate holder on probation for a violation of a statute, rule, or policy of the department. If a certificate holder is placed on probation, the department may require the practitioner: (7029)

(1) to report regularly to the department on matters that are the basis of the probation; (7030)

(2) to limit practice to those areas prescribed by the department; or (7031)

(3) to continue or renew professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation. (7032)

(b) If the department proposes to suspend or revoke a certificate or place a certificate holder on probation, the certificate holder is entitled to a hearing before the department or a hearings officer appointed by the department. All final decisions to suspend or revoke a certificate or place a certificate holder on probation shall be made by the department. (7033)

Added by Acts 1985, 69th Leg., ch. 619, Sec. 9, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 8, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 118, Sec. 4, eff. May 23, 2003. (7034)

Amended by: (7035)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.325, eff. April 2, 2015. (7036)

Sec. 81.0073. CERTIFICATE RENEWAL. (7037)(1-click HTML)

(a) A person who is otherwise eligible to renew a certificate may renew an unexpired certificate by paying the required renewal fee to the department before the expiration date of the certificate. A person whose certificate has expired may not engage in activities that require a certificate until the certificate has been renewed. (7038)

(b) A person whose certificate has been expired for 90 days or less may renew the certificate by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. (7039)

(c) A person whose certificate has been expired for more than 90 days but less than one year may renew the certificate by paying to the department a renewal fee that is equal to two times the normally required renewal fee. (7040)

(d) A person whose certificate has been expired for one year or more may not renew the certificate. The person may obtain a new certificate by complying with the requirements and procedures, including the examination requirements, for obtaining an original certificate. (7041)

(e) A person who was certified in this state, moved to another state, and is currently certified and has been in practice in the other state for the two years preceding the date of application may obtain a new certificate without reexamination. The person must pay to the department a fee that is equal to two times the normally required renewal fee for the certificate. (7042)

(f) Not later than the 30th day before the date a person's certificate is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. (7043)

Added by Acts 1999, 76th Leg., ch. 122, Sec. 9, eff. Sept. 1, 1999. (7044)

Amended by: (7045)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.326, eff. April 2, 2015. (7046)

Sec. 81.0074. PROVISIONAL CERTIFICATE. (7047)(1-click HTML)

(a) The department may issue a provisional certificate to an applicant currently certified in another jurisdiction who seeks a certificate in this state and who: (7048)

(1) has been certified in good standing as an interpreter for at least two years in another jurisdiction, including a foreign country, that has certification requirements substantially equivalent to the requirements of this chapter; (7049)

(2) has passed a national or other examination recognized by the department relating to the practice of interpretation for people who are deaf or hard of hearing; and (7050)

(3) is sponsored by a person certified by the department under this chapter with whom the provisional certificate holder will practice during the time the person holds a provisional certificate. (7051)

(b) The department may waive the requirement of Subsection (a)(3) for an applicant if the department determines that compliance with that subdivision would be a hardship to the applicant. (7052)

(c) A provisional certificate is valid until the date the department approves or denies the provisional certificate holder's application for a certificate. The department shall issue a certificate under this chapter to the provisional certificate holder if: (7053)

(1) the provisional certificate holder is eligible to be certified under Section 81.007(f); or (7054)

(2) the provisional certificate holder passes the part of the examination under this chapter that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of interpretation for people who are deaf or hard of hearing in this state, and: (7055)

(A) the department verifies that the provisional certificate holder meets the academic and experience requirements for a certificate under this chapter; and (7056)

(B) the provisional certificate holder satisfies any other certification requirements under this chapter. (7057)

(d) The department must approve or deny a provisional certificate holder's application for a certificate not later than the 180th day after the date the provisional certificate is issued. The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period. (7058)

(e) The executive commissioner by rule may establish a fee for provisional certificates in an amount reasonable and necessary to cover the cost of issuing the certificate. (7059)

Added by Acts 1999, 76th Leg., ch. 122, Sec. 10, eff. Sept. 1, 1999. (7060)

Amended by: (7061)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.327, eff. April 2, 2015. (7062)

Sec. 81.013. PRIVATE OUTDOOR TRAINING PROGRAMS FOR CHILDREN WHO ARE DEAF OR HARD OF HEARING. (7063)(1-click HTML)

(a) The department may contract with private entities to provide for the participation of children who are deaf or hard of hearing at outdoor recreational programs operated for the purpose of providing skill training and recreational experiences for children who are deaf or hard of hearing. Outdoor training programs under this section may also provide for participation by the parents of children who are deaf or hard of hearing. (7064)

(b) In selecting children to attend programs under this section, the department shall select qualified children from across the state that will benefit from the program. (7065)

(c) The department may request criminal history record information on any person who applies for a staff position in an outdoor training program from the Department of Public Safety in accordance with Section 411.1131, Government Code. (7066)

Added by Acts 1981, 67th Leg., p. 288, ch. 113, Sec. 1, eff. May 13, 1981. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 9, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 118, Sec. 5, eff. May 23, 2003. (7067)

Amended by: (7068)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.328, eff. April 2, 2015. (7069)

Sec. 81.015. ADVERTISEMENT. (7070)(1-click HTML)

(a) The executive commissioner may not adopt rules restricting competitive bidding or advertising by a person regulated by the department under this chapter except to prohibit false, misleading, or deceptive practices by the person. (7071)

(b) The executive commissioner may not include in department rules to prohibit false, misleading, or deceptive practices by a person regulated by the department under this chapter a rule that: (7072)

(1) restricts the person's use of any medium for advertising; (7073)

(2) restricts the person's personal appearance or use of the person's voice in an advertisement; (7074)

(3) relates to the size or duration of an advertisement by the person; or (7075)

(4) restricts the person's advertisement under a trade name. (7076)

(c) The department may advertise to promote awareness and use of the programs, services, and activities conducted by the department under this chapter. The department may not use money derived from state tax revenue to pay for advertisements under this subsection. (7077)

Added by Acts 1985, 69th Leg., ch. 619, Sec. 16, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 118, Sec. 7, eff. May 23, 2003. (7078)

Amended by: (7079)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.329, eff. April 2, 2015. (7080)

Sec. 81.016. CONTRACTS FOR SERVICES. (7081)(1-click HTML)

(a) Before the department contracts with or provides grant funding to an agency, organization, or individual to provide direct services to persons who are deaf or hard of hearing, the department shall make reasonable efforts to notify all potential service providers of the availability and purpose of the contract or grant. (7082)

(b) The notice shall include a request that all interested service providers submit within a specified period a contract or grant proposal for the department's consideration. The notice must also clearly state the criteria that the department will consider in determining which applicant will be awarded the contract or grant. (7083)

(c) The department shall review all proposals submitted under this section and shall award the contract or grant to the applicant that the department determines is best able to provide the needed services. The department may not award contracts or grants to a former employee of the department's Office for Deaf and Hard of Hearing Services within two years after the person's employment with that office ceased. (7084)

(d) To ensure an equitable distribution of contract or grant funds, the department shall develop a formula, based on population and region, to allocate those funds among the agencies, organizations, or individuals that are awarded the contracts or grants. (7085)

(e) The executive commissioner shall adopt rules to implement this section. (7086)

Added by Acts 1985, 69th Leg., ch. 619, Sec. 17, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 343, Sec. 8, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 835, Sec. 10, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 118, Sec. 8, eff. May 23, 2003. (7087)

Amended by: (7088)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.330, eff. April 2, 2015. (7089)

Sec. 81.017. MEMORANDUM OF UNDERSTANDING. (7090)(1-click HTML)

(a) The department and each of the following agencies shall adopt a memorandum of understanding to coordinate the delivery of services to persons who are deaf or hard of hearing and to reduce duplication of services: (7091)

(1) the Department of Aging and Disability Services; (7092)

(2) the Department of State Health Services; (7093)

(3) the Texas Workforce Commission; (7094)

(4) the Health and Human Services Commission; (7095)

(5) the Texas Higher Education Coordinating Board; (7096)

(6) the Texas Education Agency; (7097)

(7) the Texas School for the Deaf; (7098)

(8) the Texas Department of Criminal Justice; and (7099)

(9) any other state agency that provides or is required by law to provide services to persons who are deaf or hard of hearing. (7100)

(b) If gaps in the delivery of services are identified while developing a memorandum, the involved agencies shall formulate in the memorandum methods to reduce or eliminate those gaps. (7101)

(c) Not later than the last month of each state fiscal year, the department and the other agencies shall review their respective memorandums. (7102)

Added by Acts 1987, 70th Leg., ch. 343, Sec. 9, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 11, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.63, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 122, Sec. 13, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 9, eff. May 23, 2003. (7103)

Amended by: (7104)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.117, eff. September 1, 2009. (7105)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.331, eff. April 2, 2015. (7106)

Sec. 81.019. SYMBOLS OR OTHER FORMS OF IDENTIFICATION FOR PERSONS WITH HEARING IMPAIRMENTS. (7107)(1-click HTML)

(a) The department shall design and provide for the issuance of a symbol or other form of identification that may be attached to a motor vehicle regularly operated by a person who is deaf or hard of hearing. (7108)

(b) A person who is deaf or hard of hearing may apply to the department for the symbol or other form of identification. The department may require acceptable medical proof that a person is deaf or hard of hearing and may collect a fee for each symbol or other form of identification to defray the costs of administering this section. The executive commissioner shall establish the fee. (7109)

(c) The department may contract with a state or local agency for the distribution of the symbol or other form of identification. (7110)

Added by Acts 1987, 70th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1987. Renumbered from Sec. 81.017 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(27), eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 12, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, Sec. 14, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 10, eff. May 23, 2003. (7111)

Amended by: (7112)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.332, eff. April 2, 2015. (7113)

Sec. 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS DEVICES. (7114)(1-click HTML)

The department may not advertise, distribute, or publish the name or address or other related information received by the department about an individual who applies for assistance regarding telecommunications devices. (7115)

Added by Acts 1999, 76th Leg., ch. 122, Sec. 15, eff. Sept. 1, 1999. (7116)

Amended by: (7117)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.333, eff. April 2, 2015. (7118)

Sec. 81.021. SPECIALIZED LICENSE PLATE PROGRAM. (7119)(1-click HTML)

The department shall develop and the executive commissioner shall adopt rules and guidelines for the use of funds collected from the sale of specialized license plates under Section 504.619, Transportation Code, that are deposited in accordance with Section 504.6012, Transportation Code, and appropriated to the department for direct services programs, training, and education. (7120)

Added by Acts 2003, 77th Leg., ch. 118, Sec. 11, eff. May 23, 2003; Acts 2003, 78th Leg., ch. 118, Sec. 12, eff. May 23, 2003. (7121)

Amended by: (7122)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.334, eff. April 2, 2015. (7123)

TITLE 4. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (7124)

CHAPTER 82. CONFIDENTIALITY OF INTERPRETED, TRANSLITERATED, OR RELAYED CONVERSATIONS (7125)(1-click HTML)
Sec. 82.001. DEFINITIONS. (7126)(1-click HTML)

In this chapter: (7127)

(1) "Qualified interpreter" means a person employed as an interpreter who holds a current certification issued by the Board for Evaluation of Interpreters, or another current certificate that the Department of Assistive and Rehabilitative Services determines is comparable or appropriate and approves. (7128)

(2) "Relay agent" means a person employed to relay conversations for a person who is hearing impaired or speech impaired over a dual-party telephone system. (7129)

Added by Acts 1991, 72nd Leg., ch. 333, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 21, eff. Sept. 1, 1995. (7130)

Amended by: (7131)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.335, eff. April 2, 2015. (7132)

Sec. 82.002. CONFIDENTIALITY OF CONVERSATIONS. (7133)(1-click HTML)

A qualified interpreter or relay agent who is employed to interpret, transliterate, or relay a conversation between a person who can hear and a person who is hearing impaired or speech impaired is a conduit for the conversation and may not disclose or be compelled to disclose, through reporting or testimony or by subpoena, the contents of the conversation. (7134)

Added by Acts 1991, 72nd Leg., ch. 333, Sec. 1, eff. Sept. 1, 1991. (7135)

Sec. 82.003. CRIMINAL PENALTY. (7136)(1-click HTML)

(a) A qualified interpreter or relay agent who is employed to interpret, transliterate, or relay a conversation between a person who can hear and a person who is hearing impaired or speech impaired commits an offense if the qualified interpreter or relay agent discloses the contents of the conversation, unless the qualified interpreter or relay agent obtains the consent of each party to the conversation. (7137)

(b) An offense under this section is a Class C misdemeanor. (7138)

Added by Acts 1991, 72nd Leg., ch. 333, Sec. 1, eff. Sept. 1, 1991. (7139)

  

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