Goto previous pageGoto next page
pg. 276

Texas Laws | Human Resource Code
HUMAN RESOURCES CODE
TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES

Added by Acts 1995, 74th Leg., ch. 746, Sec. 10, eff. Aug. 28, 1995. Renumbered from Human Resources Code Sec. 122.020 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(62), eff. Sept. 1, 1997. (9663)

Sec. 122.028. PROGRAM PROMOTION. (9664)(Text)

The workforce commission shall establish procedures for the promotion of the program administered under this chapter. (9665)

Added by Acts 2003, 78th Leg., ch. 132, Sec. 14, eff. Sept. 1, 2003. (9666)

Amended by: (9667)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 24, eff. September 1, 2015. (9668)

Sec. 122.029. DUTIES OF STATE AUDITOR. (9669)(Text)

(a) As part of an audit of a state agency authorized under Section 2161.123, Government Code, the state auditor shall: (9670)

(1) conduct an audit of a state agency for compliance with this chapter; and (9671)

(2) report to the workforce commission a state agency that is not complying with this chapter. (9672)

(b) If the state auditor reports to the workforce commission that a state agency is not complying with this chapter, the workforce commission shall assist the agency in complying. (9673)

Added by Acts 2003, 78th Leg., ch. 132, Sec. 15, eff. Sept. 1, 2003. (9674)

Amended by: (9675)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 25, eff. September 1, 2015. (9676)

Sec. 122.030. MANAGEMENT FEE RATE; REVIEW PROCESS. (9677)(Text)

(a) The workforce commission shall develop a formal review process for the annual review conducted under Section 122.019(e). The review process must include: (9678)

(1) notice to affected parties, including community rehabilitation programs; (9679)

(2) solicitation of public comment; and (9680)

(3) documentation provided by a central nonprofit agency in support of a proposed management fee rate change. (9681)

(b) Before making a decision relating to the management fee rate, the workforce commission shall consider: (9682)

(1) any public comment received; (9683)

(2) documentation provided by a central nonprofit agency; and (9684)

(3) any documentation provided by a community rehabilitation program or the public. (9685)

(c) The workforce commission shall adopt rules to implement this section. (9686)

Added by Acts 2003, 78th Leg., ch. 132, Sec. 16, eff. Sept. 1, 2003. (9687)

Amended by: (9688)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 26, eff. September 1, 2015. (9689)

CHAPTER 123. COMMUNITY HOMES FOR PERSONS WITH DISABILITIES (9690)(Text)

Sec. 123.001. SHORT TITLE. (9691)(Text)

This chapter may be cited as the Community Homes for Persons With Disabilities Act. (9692)

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. (9693)

Amended by: (9694)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.430, eff. April 2, 2015. (9695)

Sec. 123.002. DEFINITION. (9696)(Text)

In this chapter, "person with a disability" means a person whose ability to care for himself or herself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has: (9697)

(1) an orthopedic, visual, speech, or hearing impairment; (9698)

(2) Alzheimer's disease; (9699)

(3) pre-senile dementia; (9700)

(4) cerebral palsy; (9701)

(5) epilepsy; (9702)

(6) muscular dystrophy; (9703)

(7) multiple sclerosis; (9704)

(8) cancer; (9705)

(9) heart disease; (9706)

(10) diabetes; (9707)

(11) an intellectual disability; (9708)

(12) autism; or (9709)

(13) mental illness. (9710)

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. (9711)

Amended by: (9712)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.431, eff. April 2, 2015. (9713)

Sec. 123.003. ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED. (9714)(Text)

(a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential. (9715)

(b) A restriction, reservation, exception, or other provision in an instrument created or amended on or after September 1, 1985, that relates to the transfer, sale, lease, or use of property may not prohibit the use of the property as a community home. (9716)

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. (9717)

Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. (9718)(Text)

To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be: (9719)

(1) a community-based residential home operated by: (9720)

(A) the Department of Aging and Disability Services; (9721)

(B) a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities; (9722)

(C) an entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; or (9723)

(D) an entity certified by the Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or (9724)

(2) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. (9725)

Goto previous page276Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.