Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES

(a) The executive commissioner by rule shall adopt standards governing the determination of rates paid for medical services provided under this chapter. The rules must provide for an annual reevaluation of the rates. (9176)

(b) The executive commissioner shall establish a schedule of rates based on the standards adopted under Subsection (a). In adopting the rate schedule, the executive commissioner shall: (9177)

(1) compare the proposed rate schedule to other cost-based and resource-based rates for medical services, including rates paid under the Medicaid and Medicare programs; and (9178)

(2) for any rate adopted that exceeds the Medicaid or Medicare rate for the same or a similar service, document the reasons why the adopted rate reflects consideration of the best value, provider availability, and consumer choice. (9179)

(c) The executive commissioner shall provide notice to interested persons and allow those persons to present comments before adopting the standards and schedule of rates under Subsections (a) and (b). (9180)

Added by Acts 2005, 79th Leg., Ch. 211 (H.B. 1912), Sec. 1, eff. September 1, 2005. (9181)

Sec. 117.076. INFORMATION REGARDING VELOCARDIOFACIAL SYNDROME. (9182)(1-click HTML)

(a) The commission shall ensure that each health and human services agency that provides intervention services to young children is provided with information developed by the commission regarding velocardiofacial syndrome. (9183)

(b) Each health and human services agency described by Subsection (a) shall provide the information regarding velocardiofacial syndrome to appropriate health care coordinators and therapists and to parents of a child who is known by the agency to have at least two of the following conditions: (9184)

(1) hypotonicity; (9185)

(2) communication delay; (9186)

(3) articulation disorder; (9187)

(4) resonance disorder; (9188)

(5) nasal regurgitation during feeding as an infant with no history of a cleft palate; (9189)

(6) recurrent ear infections as well as diagnosis of cardiac anomaly, feeding disorder, cleft palate, or submucosal cleft palate; or (9190)

(7) fine motor or gross motor skills delay. (9191)

(c) The commission shall develop the information required under Subsection (a) using medically accurate, peer-reviewed literature. The information must include: (9192)

(1) an explanation of velocardiofacial syndrome symptoms, diagnosis, and treatment options; (9193)

(2) information on relevant state agency and nonprofit resources, parent support groups, and available Medicaid waiver programs; and (9194)

(3) a recommendation for follow-up with a health care provider for evaluation of the underlying etiology and an explanation that the existence of any of the conditions listed in Subsection (b) will not necessarily result in a diagnosis of velocardiofacial syndrome. (9195)

(d) The executive commissioner may adopt rules as necessary to implement this section. (9196)

Added by Acts 2009, 81st Leg., R.S., Ch. 818 (S.B. 1612), Sec. 1, eff. September 1, 2009. (9197)

Sec. 117.077. DATA ANALYSIS IN FAMILY COST SHARE PROVISIONS IN EARLY CHILDHOOD INTERVENTION PROGRAM. (9198)(1-click HTML)

(a) In this section, "cost-effective" means the family cost share revenue generated is greater than total administrative costs. (9199)

(b) The department shall collect data, including data on administrative costs and adjusted family income, sufficient to evaluate: (9200)

(1) the cost-effectiveness of the family cost share provisions of the early childhood intervention program; and (9201)

(2) changes necessary to improve the cost-effectiveness of the program. (9202)

(c) The department shall: (9203)

(1) as necessary, modify the Texas Kids Intervention Data System to accept adjusted family income data submitted by early childhood intervention program providers; and (9204)

(2) require all providers to enter adjusted family income data into the system. (9205)

(d) The department shall use the data collected under this section to evaluate the cost-effectiveness of existing family cost share provisions in the early childhood intervention program and consider changes that may improve the cost-effectiveness of the program, including the adoption of a family cost share provision described by Section 117.078(a). (9206)

(e) The department shall implement any changes considered under Subsection (d) that the department determines will make the family cost share provisions of the early childhood intervention program more cost-effective, if the changes will not make access to early childhood intervention services cost prohibitive for families. If none of the considered changes is determined to make the program more cost-effective, or if the department determines that the changes will make access to early childhood intervention services cost prohibitive for families, the department may decline to implement the changes. (9207)

(f) The department shall evaluate existing family cost share provisions and consider and implement changes, if appropriate, to the early childhood intervention program as required by this section: (9208)

(1) on a periodic basis established by the department; and (9209)

(2) at other times at the request of the Legislative Budget Board. (9210)

Added by Acts 2013, 83rd Leg., R.S., Ch. 468 (S.B. 1060), Sec. 1, eff. September 1, 2013. (9211)

Sec. 117.078. FAMILY COST SHARE PROVISION IN EARLY CHILDHOOD INTERVENTION PROGRAM. (9212)(1-click HTML)

(a) The department shall consider implementing a family cost share provision under which the amount a family pays to participate in the early childhood intervention program is based on the amount of service the family receives under the program. (9213)

(b) A family cost share provision implemented by the department under Subsection (a) must establish a maximum amount to be paid by a family participating in the early childhood intervention program that is based on the family's size and adjusted gross income, with families in higher income brackets required to pay more under the provision than those families paid before the provision's implementation. (9214)

Added by Acts 2013, 83rd Leg., R.S., Ch. 468 (S.B. 1060), Sec. 1, eff. September 1, 2013. (9215)

Sec. 117.080. PROVISION OF INDEPENDENT LIVING SERVICES. (9216)(1-click HTML)

(a) The department shall ensure that all services provided under the independent living services program that the department operates under Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et seq.) are directly provided by centers for independent living, except as provided by Subsection (b), and are not directly provided by the department. (9217)

(b) If an area of the state does not have a center for independent living, or no center for independent living in that area is able to provide certain necessary services under the independent living services program, the department shall seek to identify a center for independent living that is willing and able to contract with a nonprofit organization or other person to provide the independent living services in the area under the program. If no center for independent living is willing and able to contract with another organization or other person, the department may directly contract with an organization or other person who is not a center for independent living to provide the independent living services in the area under the program. (9218)

(c) The department shall evaluate the independent living services provided by a center for independent living and shall provide necessary training or technical assistance to help the center for independent living expand its capacity to provide a full range of independent living services. (9219)

(d) The department shall monitor the performance of each center for independent living in providing independent living services, including how the center for independent living monitors the performance of the organizations and other persons with whom it contracts to provide independent living services. (9220)

(e) The executive commissioner shall adopt rules to implement this section that include: (9221)

(1) an equitable and transparent methodology for allocating funds to centers for independent living under the independent living services program; (9222)

(2) requirements applicable to the department in contracting with centers for independent living to provide independent living services under the program; (9223)

(3) requirements applicable to centers for independent living in contracting with organizations and other persons to provide independent living services under the program; (9224)

(4) requirements applicable to the department in contracting with organizations or other persons who are not centers for independent living to provide independent living services under the program; (9225)

(5) a process for the department to monitor independent living services contracts; (9226)

(6) guidelines on the department's role in providing technical assistance and training to centers for independent living as necessary; and (9227)

(7) expectations for department employees to refer persons who contact the department seeking independent living services to centers for independent living. (9228)

Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 2, eff. September 1, 2015. (9229)

Sec. 117.081. COMPREHENSIVE REHABILITATION SERVICES PROGRAM. (9230)(1-click HTML)

The department shall operate a comprehensive rehabilitation services program to provide comprehensive rehabilitation services to persons with traumatic brain or spinal cord injuries. The executive commissioner shall adopt rules for the program that include: (9231)

(1) a system of organization for the delivery of the comprehensive rehabilitation services; (9232)

(2) eligibility requirements for the comprehensive rehabilitation services; (9233)

(3) the types of services that may be provided to a client under the program; and (9234)

(4) requirements for client participation in the costs of the comprehensive rehabilitation services. (9235)

Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 2, eff. September 1, 2015. (9236)

Sec. 117.082. CHILDREN'S AUTISM PROGRAM. (9237)(1-click HTML)

The department shall operate a children's autism program to provide services to children with autism spectrum disorders. The executive commissioner shall adopt rules for the program that include: (9238)

(1) a system of organization for the delivery of the autism services; (9239)

(2) eligibility requirements for the autism services; (9240)

(3) the types of services that may be provided to a client under the program; and (9241)

(4) requirements for participation by the client's family in the costs of the autism services. (9242)

Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 2, eff. September 1, 2015. (9243)

SUBCHAPTER D-1. ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN GENERAL (9244)(1-click HTML)
Sec. 117.091. DIRECT SERVICES PROGRAM CASEWORKER GUIDELINES. (9245)(1-click HTML)

(a) The department shall use program data and best practices to establish and maintain guidelines that provide direction for caseworkers' decisions in all of the department's direct services programs. The guidelines: (9246)

(1) must categorize direct services program cases based on the types of services provided and, for each category, include provisions addressing: (9247)

(A) the recommended length of time a case in that category should last; and (9248)

(B) the recommended total expenditures for a case in that category; (9249)

(2) must include provisions for creating intermediate goals for a client receiving services through a direct services program that will allow: (9250)

(A) the caseworker to monitor the client's progress; and (9251)

(B) the caseworker's supervisor to evaluate how the client's case is advancing; (9252)

(3) must include criteria for caseworkers to use in evaluating progress on the intermediate goals described in Subdivision (2); and (9253)

(4) may include other provisions designed to assist caseworkers and their supervisors to achieve successful outcomes for clients. (9254)

(b) A caseworker may exceed the recommended guidelines described in Subsection (a)(1) in a direct services program case but must obtain the approval of the caseworker's supervisor after documenting the need to exceed the guidelines. (9255)

(c) The guidelines established under this section are not intended to limit the provision of appropriate or necessary services to a client. (9256)

(d) The department shall provide the guidelines established under this section to caseworkers in a format that allows caseworkers to easily access the information. (9257)

Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 3, eff. September 1, 2015. (9258)

Sec. 117.092. DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM. (9259)(1-click HTML)

(a) The department shall establish and maintain a single, uniform case review system for all direct services programs. (9260)

(b) The case review system must: (9261)

(1) include risk assessment tools that account for the different risks involved in each direct services program; (9262)

(2) require that case reviews: (9263)

(A) be used to consistently evaluate each direct services program across all regions, with the goal of evaluating at least 10 percent of all cases in each program and region annually; (9264)

(B) focus on areas of highest risk and prioritize the review of the following cases: (9265)

(i) except as provided by Subparagraph (ii), cases in which direct services have been provided for more than two years; (9266)

(ii) cases in the Blind Children's Vocational Discovery and Development Program in which direct services have been provided for more than five years; and (9267)

(iii) cases that are significantly outside the expenditure guidelines for that type of case; (9268)

(C) be used to evaluate a caseworker's eligibility determinations and decisions to close a case before a service plan is developed or without the client reaching the client's goal; and (9269)

(D) focus on the quality of a caseworker's decision-making and compliance with program requirements; and (9270)

(3) require a caseworker's supervisor to use the reviews of a caseworker's cases in conducting the caseworker's performance evaluation and in providing informal guidance to the caseworker to improve the caseworker's performance. (9271)

Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 3, eff. September 1, 2015. (9272)

Sec. 117.093. DIRECT SERVICES PROGRAM MONITORING. (9273)(1-click HTML)

(a) Department personnel not employed to perform functions directly under a direct services program must be designated to monitor those programs from a statewide perspective. The designated personnel shall collect, monitor, and analyze data relating to direct services programs and report outcomes and trends to program managers and, as necessary, the commissioner or other appropriate executive management. (9274)

(b) The monitoring function under Subsection (a) must include monitoring of: (9275)

(1) performance data from all regions and all direct services programs to identify trends; and (9276)

(2) case review data to ensure compliance with the case review system under Section 117.092. (9277)

(c) Personnel designated to perform the monitoring function required by this section shall work with direct services program staff to develop objective and detailed outcome measures for the programs. (9278)

(d) The department may conduct internal peer reviews of the department's field offices at regular intervals to assess the field offices' compliance with federal regulations and department policies and to compare each field office's compliance with the compliance of the other field offices. The department may use personnel designated to perform the monitoring function required by this section to facilitate the internal peer reviews. (9279)

Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 3, eff. September 1, 2015. (9280)

TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES (9281)(1-click HTML)

CHAPTER 121. PARTICIPATION IN SOCIAL AND ECONOMIC ACTIVITIES (9282)(1-click HTML)

Sec. 121.001. STATE POLICY. (9283)(1-click HTML)

The policy of the state is to encourage and enable persons with disabilities to participate fully in the social and economic life of the state, to achieve maximum personal independence, to become gainfully employed, and to otherwise fully enjoy and use all public facilities available within the state. (9284)

Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 2, eff. Sept. 1, 1997. (9285)

Sec. 121.0014. VISION STATEMENT. (9286)(1-click HTML)

(a) The Health and Human Services Commission, each health and human services agency, and each state agency that administers a workforce development program shall adopt the following statement of vision: (9287)

The State of Texas shall ensure that all Texans with disabilities have the opportunity and support necessary to work in individualized, competitive employment in the community and to have choices about their work and careers. (9288)

(b) In this section, "health and human services agency" means an agency listed by Section 531.001(4), Government Code. (9289)

Added by Acts 1995, 74th Leg., ch. 655, Sec. 6.02(a), eff. Sept. 1, 1995. (9290)

Amended by: (9291)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.415, eff. April 2, 2015. (9292)

Sec. 121.002. DEFINITIONS. (9293)(1-click HTML)

In this chapter: (9294)

(1) "Assistance animal" and "service animal" mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability. (9295)

(2) "Harass" means any conduct that: (9296)

(A) is directed at an assistance animal that impedes or interferes with, or is intended to impede or interfere with, the animal's performance of its duties; or (9297)

(B) places a person with a disability who is using an assistance animal, or a trainer who is training an assistance animal, in danger of injury. (9298)

(3) "Housing accommodations" means all or part of real property that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, except a single-family residence whose occupants rent, lease, or furnish for compensation only one room. (9299)

(4) "Person with a disability" means a person who has: (9300)

(A) a mental or physical disability; (9301)

(B) an intellectual or developmental disability; (9302)

(C) a hearing impairment; (9303)

(D) deafness; (9304)

(E) a speech impairment; (9305)

(F) a visual impairment; (9306)

(G) post-traumatic stress disorder; or (9307)

(H) any health impairment that requires special ambulatory devices or services. (9308)

(5) "Public facility" includes a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other educational facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited. (9309)

(6) "White cane" means a cane or walking stick that is metallic or white in color, or white tipped with a contrasting color, and that is carried by a blind person to assist the blind person in traveling from place to place. (9310)

Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec. 1, eff. June 5, 1985; Acts 1995, 74th Leg., ch. 890, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 3, eff. Sept. 1, 1997. (9311)

Amended by: (9312)

Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 2, eff. January 1, 2014. (9313)

Sec. 121.003. DISCRIMINATION PROHIBITED. (9314)(1-click HTML)

(a) Persons with disabilities have the same right as persons without disabilities to the full use and enjoyment of any public facility in the state. (9315)

(b) No common carrier, airplane, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation operating within the state may refuse to accept as a passenger a person with a disability because of the person's disability, nor may a person with a disability be required to pay an additional fare because of his or her use of a service animal, wheelchair, crutches, or other device used to assist a person with a disability in travel. (9316)

(c) No person with a disability may be denied admittance to any public facility in the state because of the person's disability. No person with a disability may be denied the use of a white cane, assistance animal, wheelchair, crutches, or other device of assistance. (9317)

(d) The discrimination prohibited by this section includes a refusal to allow a person with a disability to use or be admitted to any public facility, a ruse or subterfuge calculated to prevent or discourage a person with a disability from using or being admitted to a public facility, and a failure to: (9318)

(1) comply with Chapter 469, Government Code; (9319)

(2) make reasonable accommodations in policies, practices, and procedures; or (9320)

(3) provide auxiliary aids and services necessary to allow the full use and enjoyment of the public facility. (9321)

(e) Regulations relating to the use of public facilities by any designated class of persons from the general public may not prohibit the use of particular public facilities by persons with disabilities who, except for their disabilities or use of assistance animals or other devices for assistance in travel, would fall within the designated class. (9322)

(f) It is the policy of the state that persons with disabilities be employed by the state, by political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as persons without disabilities, unless it is shown that there is no reasonable accommodation that would enable a person with a disability to perform the essential elements of a job. (9323)

(g) Persons with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons. (9324)

(h) A person with a total or partial disability who has or obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this section, and may not be required to pay extra compensation or make a deposit for the animal but is liable for damages done to the premises by the animal except for reasonable wear and tear. (9325)

(i) A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer. (9326)

(j) A person may not assault, harass, interfere with, kill, or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal. (9327)

(k) Except as provided by Subsection (l), a person is not entitled to make demands or inquiries relating to the qualifications or certifications of a service animal for purposes of admittance to a public facility except to determine the basic type of assistance provided by the service animal to a person with a disability. (9328)

(l) If a person's disability is not readily apparent, for purposes of admittance to a public facility with a service animal, a staff member or manager of the facility may inquire about: (9329)

(1) whether the service animal is required because the person has a disability; and (9330)

(2) what type of work or task the service animal is trained to perform. (9331)

Acts 1979, 66th Leg., p. 2426, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, Sec. 2, eff. Aug. 31, 1981; Acts 1983, 68th Leg., 1st C.S., p. 57, ch. 7, Sec. 10.03(c), eff. Sept. 23, 1983; Acts 1985, 69th Leg., ch. 278, Sec. 2, eff. June 5, 1985; Acts 1989, 71st Leg., ch. 249, Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 890, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 261, Sec. 1, eff. May 22, 2001; Acts 2003, 78th Leg., ch. 710, Sec. 1, eff. Sept. 1, 2003. (9332)

Amended by: (9333)

Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 3, eff. January 1, 2014. (9334)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.416, eff. April 2, 2015. (9335)

Sec. 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION. (9336)(1-click HTML)

(a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates a provision of Section 121.003 commits an offense. An offense under this subsection is a misdemeanor punishable by: (9337)

(1) a fine of not more than $300; and (9338)

(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year. (9339)

(b) In addition to the penalty provided in Subsection (a), a person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. Subject to Section 121.0041, if applicable, the person with a disability deprived of his or her civil liberties may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability. (9340)

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 890, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 5, eff. Sept. 1, 1997. (9341)

Amended by: (9342)

Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 4, eff. January 1, 2014. (9343)

Acts 2017, 85th Leg., R.S., Ch. 342 (H.B. 1463), Sec. 1, eff. September 1, 2017. (9344)

Sec. 121.0041. PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY TO CURE. (9345)(1-click HTML)

(a) In this section: (9346)

(1) "Claimant" means a person filing or intending to file an action under Section 121.004(b). (9347)

(2) "Respondent" means the person against whom a claimant files or intends to file an action under Section 121.004(b). (9348)

(b) This section applies only to an action under Section 121.004(b) alleging a failure to comply with applicable design, construction, technical, or similar standards required under Chapter 469, Government Code, or other applicable state or federal laws that require compliance with specified design, construction, technical, or similar standards, including Internet website accessibility guidelines, to accommodate persons with disabilities. (9349)

(c) Not later than the 60th day before the date an action to which this section applies is filed, the claimant must give written notice of the claim to the respondent. The notice may be given in a manner prescribed for service of process in a civil action. The written notice: (9350)

(1) must state: (9351)

(A) the name of the individual alleging a failure to comply with applicable design, construction, technical, or similar standards; (9352)

(B) in reasonable detail, each alleged violation; and (9353)

(C) the date, place, and manner in which the claimant discovered the alleged violation; and (9354)

(2) may not demand a sum of damages, request settlement, or offer to settle the claim without a determination of whether a condition stated in the notice is excused by law or may be remedied. (9355)

(d) A respondent who has received a written notice under Subsection (c) may correct the alleged violation before the earliest date on which the claimant may file the action. (9356)

(e) A respondent who has corrected an alleged violation shall provide a notice of the correction to the claimant that describes each correction and the manner in which the correction addresses the alleged violation. If the respondent concludes that an alleged violation has not occurred and that a correction is not necessary, the respondent shall provide the claimant an explanation of the respondent's conclusion. The notice of correction or explanation may be given in a manner prescribed for service of process in a civil action. (9357)

(f) If a claimant files an action to which this section applies, the claimant must establish by a preponderance of the evidence that the respondent has not corrected one or more of the alleged violations stated in the written notice provided under Subsection (c). (9358)

(g) If an action is filed, the respondent may file a plea in abatement and request an evidentiary hearing on the plea. The court shall abate the action for a period not to exceed 60 days after the date of the hearing if the court finds by a preponderance of the evidence that: (9359)

(1) the respondent initiated action to correct the alleged violation during the time allowed under Subsection (d); (9360)

(2) the respondent could not complete the corrections within that time; and (9361)

(3) the corrections will be completed by the end of the period of abatement. (9362)

(h) If a respondent has provided the notice of correction or has completed corrections during a period of abatement under Subsection (g): (9363)

(1) the claimant may file a motion to dismiss the action without prejudice; or (9364)

(2) the respondent may file a motion for summary judgment in accordance with the Texas Rules of Civil Procedure. (9365)

Added by Acts 2017, 85th Leg., R.S., Ch. 342 (H.B. 1463), Sec. 2, eff. September 1, 2017. (9366)

Sec. 121.005. RESPONSIBILITIES OF PERSONS WITH DISABILITIES. (9367)(1-click HTML)

(a) A person with a disability who uses an assistance animal for assistance in travel is liable for any damages done to the premises or facilities by the animal. (9368)

(b) A person with a disability who uses an assistance animal for assistance in travel or auditory awareness shall keep the animal properly harnessed or leashed, and a person who is injured by the animal because of the failure of a person with a disability to properly harness or leash the animal is entitled to maintain a cause of action for damages in a court of competent jurisdiction under the same law applicable to other causes brought for the redress of injuries caused by animals. (9369)

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, Sec. 3, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec. 3, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, Sec. 6, eff. Sept. 1, 1997. (9370)

Sec. 121.006. PENALTIES FOR IMPROPER USE OF ASSISTANCE ANIMALS. (9371)(1-click HTML)

(a) A person who uses a service animal with a harness or leash of the type commonly used by persons with disabilities who use trained animals, in order to represent that his or her animal is a specially trained service animal when training has not in fact been provided, is guilty of a misdemeanor and on conviction shall be punished by: (9372)

(1) a fine of not more than $300; and (9373)

(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year. (9374)

(b) A person who habitually abuses or neglects to feed or otherwise neglects to properly care for his or her assistance animal is subject to seizure of the animal under Subchapter B, Chapter 821, Health and Safety Code. (9375)

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, Sec. 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec. 4, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, Sec. 7, eff. Sept. 1, 1997. (9376)

Amended by: (9377)

Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 5, eff. January 1, 2014. (9378)

Sec. 121.008. DISSEMINATION OF INFORMATION RELATING TO PERSONS WITH DISABILITIES. (9379)(1-click HTML)

(a) To ensure maximum public awareness of the policies set forth in this chapter, the governor shall issue a proclamation each year taking suitable public notice of October 15 as White Cane Safety and Service Animal Recognition Day. The proclamation must contain appropriate comment about the significance of various devices and animals used by persons with disabilities to assist them in traveling, and must call to the attention of the public the provisions of this chapter and of other laws relating to the safety and well-being of this state's citizens with disabilities. (9380)

(b) The comptroller, the secretary of state, and other state agencies that regularly mail forms or information to significant numbers of public facilities and businesses operating within the state shall cooperate with state agencies responsible for the rehabilitation of persons with disabilities by sending information about this chapter to those to whom regular mailings are sent. The information, which must be sent at the request of state agencies responsible for the rehabilitation of persons with disabilities and at least once each year, may be included in regular mailings or sent separately. If sent separately, the cost of mailing is borne by the state rehabilitation agency or agencies requesting the mailing and, regardless of whether sent separately or as part of a regular mailing, the cost of preparing information about this chapter is borne by the state rehabilitation agency or agencies requesting distribution of this information. (9381)

Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 9, eff. Sept. 1, 1997. (9382)

Amended by: (9383)

Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 6, eff. January 1, 2014. (9384)

Sec. 121.009. CONSTRUCTION OF CHAPTER. (9385)(1-click HTML)

The provisions of this chapter must be construed in a manner compatible with other state laws relating to persons with disabilities. (9386)

Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 10, eff. Sept. 1, 1997. (9387)

Sec. 121.010. TESTING ADULTS WITH DISABILITIES. (9388)(1-click HTML)

(a) A test that evaluates an adult with a disability for a job position in business, government, or industry, or a test to determine that person's educational level, must measure individual abilities and not specific disabilities. (9389)

(b) If an examiner knows that an adult examinee has a disability, the examiner may use an alternate form of testing. The alternate form of testing may assess the aptitude of the examinee by using that person's primary learning mode. (9390)

(c) The examiner may use as an alternate form of testing any procedure or adaption that will help ensure the best performance possible by an adult with a disability, including oral or visual administration of the test, oral or manual response to the test, the use of readers, tape recorders, interpreters, large print, or braille text, the removal of time constraints, and multiple testing sessions. (9391)

(d) An examiner shall select and administer a test to an examinee who has a disability that impairs sensory, manual, or speaking skills so that the test accurately reflects the factor the test is intended to measure and does not reflect the examinee's impaired sensory, manual, or speaking skills. (9392)

(e) An examiner may not use a test that has a disproportionate, adverse effect on an adult with a disability or a class of adults with disabilities unless: (9393)

(1) the test has been validated as a predictor of success in the program or activity for which the adult with a disability is applying; and (9394)

(2) alternate tests or alternative forms of testing that have a less disproportionate, adverse effect do not exist or are not available. (9395)

Added by Acts 1981, 67th Leg., p. 2482, ch. 645, Sec. 1, eff. Aug. 31, 1981. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 11, eff. Sept. 1, 1997. (9396)

Sec. 121.011. ACCESSIBILITY OF EXAMINATION OR COURSE OFFERED BY PRIVATE ENTITY. (9397)(1-click HTML)

(a) A private entity that offers an examination or a course related to applications, certification, credentialing, or licensing for secondary or postsecondary education, a profession, or a trade shall: (9398)

(1) offer the examination or course in a place and manner that is accessible to persons with disabilities or make alternative accessible arrangements for persons with disabilities; (9399)

(2) offer the examination or course to persons with disabilities: (9400)

(A) as often as the entity offers the examination or course to persons without disabilities; (9401)

(B) at a location that is as convenient as the location at which the entity offers the examination or course to persons without disabilities; and (9402)

(C) at a time that is as appropriate as the time when the entity offers the examination or course to persons without disabilities; and (9403)

(3) make auxiliary test guides and other resources available in alternative formats. (9404)

(b) A private entity that offers an examination or a course described by Subsection (a) may require persons with disabilities to provide reasonable documentation of their disabilities and reasonable advance notice of any necessary modifications or aids. The deadline for advance notice may not be earlier than the application deadline for the examination or course. The entity may not refuse a request for modifications or aids from a person with a disability on the grounds that the person, because of the person's disability, would not meet other requirements of the profession or occupation for which the course or examination is given. (9405)

Added by Acts 1997, 75th Leg., ch. 649, Sec. 12, eff. Sept. 1, 1997. (9406)

CHAPTER 122. PURCHASING FROM PEOPLE WITH DISABILITIES (9407)(1-click HTML)

Sec. 122.001. PURPOSE. (9408)(1-click HTML)

The purpose of this chapter is to further the state's policy of encouraging and assisting persons with disabilities to achieve maximum personal independence by engaging in useful and productive employment activities and, in addition, to provide state agencies, departments, and institutions and political subdivisions of the state with a method for achieving conformity with requirements of nondiscrimination and affirmative action in employment matters related to persons with disabilities. (9409)

Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995. (9410)

Sec. 122.0012. SUNSET PROVISION. (9411)(1-click HTML)

(a) The comptroller's authority to perform any act under this chapter that relates to state purchasing is subject to Chapter 325, Government Code (Texas Sunset Act). Notwithstanding any other law, that authority expires September 1, 2021, unless continued in existence as provided by Chapter 325, Government Code. (9412)

(b) The Texas Workforce Commission's authority to administer and oversee the program administered under this chapter is subject to Chapter 325, Government Code (Texas Sunset Act). Notwithstanding any other law, that authority expires September 1, 2021, unless continued in existence as provided by Chapter 325, Government Code. (9413)

Added by Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 21, eff. September 1, 2013. (9414)

Amended by: (9415)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 3, eff. September 1, 2015. (9416)

Sec. 122.002. DEFINITIONS. (9417)(1-click HTML)

In this chapter: (9418)

(1) "Central nonprofit agency" means an agency designated as a central nonprofit agency under contract under Section 122.019. (9419)

(2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(103), eff. April 2, 2015. (9420)

(3) "Community rehabilitation program" means a government or nonprofit private program operated under criteria established by the council and under which persons with severe disabilities produce products or perform services for compensation. (9421)

(4) Repealed by Acts 2015, 84th Leg., R.S., Ch. 672 , Sec. 27(1), eff. September 1, 2015. (9422)

(5) "Disability" means a mental or physical impairment, including blindness, that impedes a person who is seeking, entering, or maintaining gainful employment. (9423)

(6) "Workforce commission" means the Texas Workforce Commission. (9424)

Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 132, Sec. 1, eff. Sept. 1, 2003. (9425)

Amended by: (9426)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(103), eff. April 2, 2015. (9427)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 4, eff. September 1, 2015. (9428)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 27(1), eff. September 1, 2015. (9429)

Sec. 122.0057. ADVISORY COMMITTEE. (9430)(1-click HTML)

(a) The workforce commission shall establish an advisory committee to assist the workforce commission in establishing: (9431)

(1) performance goals for the program administered under this chapter; and (9432)

(2) criteria for certifying a community rehabilitation program for participation in the program administered under this chapter. (9433)

(b) The advisory committee consists of 13 members appointed by the workforce commission as follows: (9434)

(1) four representatives from community rehabilitation programs that participate in the program administered under this chapter; (9435)

(2) four representatives from organizations that advocate for persons with disabilities; (9436)

(3) the executive commissioner of the health and human services commission or designee; and (9437)

(4) four persons with disabilities, of whom two are employed by a community rehabilitation program that participates in the program administered under this chapter. (9438)

(c) Members of the advisory committee serve at the will of the workforce commission. (9439)

(d) The workforce commission shall appoint a presiding officer from among the advisory committee members. (9440)

(e) The members of the advisory committee serve staggered four-year terms, with the terms of either six or seven members expiring February 1 of each odd-numbered year. A member may not serve more than two terms. (9441)

(f) A vacancy on the committee shall be filled in the same manner as the original appointment for that position. (9442)

(g) The advisory committee shall meet semiannually. (9443)

(h) The advisory committee shall: (9444)

(1) establish specific objectives for the program administered under this chapter that are appropriate given the program's status as one of several employment-related services this state offers to persons with disabilities; (9445)

(2) develop performance measures that may be used by the workforce commission to evaluate whether the program is meeting the objectives established under Subdivision (1); and (9446)

(3) recommend criteria for certifying community rehabilitation programs for participation in the program. (9447)

(i) In developing the performance measures under Subsection (h), the advisory committee must consider the following factors as applicable to the program administered under this chapter: (9448)

(1) the percentage of total sales revenue attributable to the program: (9449)

(A) paid in wages to persons with disabilities; and (9450)

(B) spent on direct training and professional development services for persons with disabilities; (9451)

(2) the average hourly wage earned by a person participating in the program; (9452)

(3) the average annual salary earned by a person participating in the program; (9453)

(4) the number of persons with disabilities participating in the program paid less than minimum wage; (9454)

(5) the average number of hours worked each week by a person with a disability who participates in the program; (9455)

(6) the percentage of persons with disabilities who participate in the program and who are placed into competitive positions, including competitive management or administrative positions within community rehabilitation programs; and (9456)

(7) the percentage of work performed by persons with disabilities who participate in the program that is purely repackaging labor. (9457)

(j) The advisory committee shall meet at the call of the presiding officer at least once each fiscal year to review and, if necessary, recommend changes to program objectives, performance measures, and criteria established under Subsection (h). (9458)

  

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