The Governor's Committee on People with Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this chapter expires September 1, 2027. (9074)

Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.08, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 37, Sec. 4, eff. Sept. 1, 1999. (9075)

Amended by: (9076)

Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 2.04, eff. September 1, 2005. (9077)

Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.06, eff. June 15, 2007. (9078)

Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.12, eff. July 10, 2009. (9079)

Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.18, eff. June 17, 2011. (9080)

Acts 2015, 84th Leg., R.S., Ch. 98 (H.B. 1678), Sec. 1, eff. September 1, 2015. (9081)

Sec. 115.006. STAFF; FUNDING. (9082)

(a) The governor's office shall employ, subject to the approval of the committee, an executive director for the committee at a salary as determined by legislative appropriation. (9083)

(b) The governor's office shall provide other administrative support to the committee. The executive director of the committee shall coordinate the provision of the administrative support and shall supervise the staff. (9084)

(c) The committee shall be funded through the governor's office. (9085)

Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1, 1991. (9086)

Sec. 115.0061. STANDARDS OF CONDUCT. (9087)

The executive director or the executive director's designee shall provide to members of the committee and to committee employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. (9088)

Added by Acts 1999, 76th Leg., ch. 37, Sec. 5, eff. Sept. 1, 1999. (9089)

Sec. 115.007. RULES AND SUBCOMMITTEES. (9090)

(a) The committee shall adopt rules and designate subcommittees and task forces as it considers advisable for the conduct of the committee's functions. (9091)

(b) The committee may appoint persons other than committee members to serve on its subcommittees and task forces as appropriate to obtain needed expertise and broaden representation from its constituencies. Those persons may not receive compensation for their services but may be reimbursed for travel and lodging expenses. (9092)

Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1, 1991. (9093)

Sec. 115.008. GIFTS, GRANTS, AND DONATIONS. (9094)

The committee may solicit and accept gifts, grants, and donations to support the committee or carry out the committee's functions. (9095)

Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1, 1991. (9096)

Sec. 115.009. FUNCTIONS. (9097)

The committee shall: (9098)

(1) serve as a central source of information and education on the abilities, rights, problems, and needs of persons with disabilities and, as necessary, issue reports; (9099)

(2) provide information to and advise the governor and the governor's staff on matters relating to the full participation of persons with disabilities in all aspects of life; (9100)

(3) before the end of each even-numbered year, submit to the governor and to the legislature a report that includes any recommended changes in state laws relating to persons with disabilities; (9101)

(4) serve as the state's liaison agency in working with the Office of Disability Employment Policy and other entities involved in activities or concerns affecting persons with disabilities; (9102)

(5) develop and work with a statewide network of volunteer community-level committees to promote dissemination of information about and implementation of federal and state laws addressing rights and opportunities for persons with disabilities; (9103)

(6) provide information and technical assistance to public and private agencies and businesses to promote and facilitate implementation of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and other federal and state statutes relating to rights and opportunities of persons with disabilities; (9104)

(7) work with legislative committees and with state agencies on the development of laws and policies that affect persons with disabilities; (9105)

(8) promote the compilation and publication of state laws relating to persons with disabilities; (9106)

(9) issue awards and other forms of recognition to persons and organizations making outstanding contributions to the employment of persons with disabilities and to public awareness of issues impacting persons with disabilities; (9107)

(10) identify each current long-range plan relating to persons with disabilities in this state created by a state agency, a committee of a state agency, or a nonprofit organization required by federal law to produce such a plan, and publish the link to the Internet website address for each long-range plan, if available, on the Internet website of the Governor's Committee on People with Disabilities; and (9108)

(11) review and analyze the long-range plans described by Subdivision (10) to identify gaps in state laws and services for persons with disabilities and make biennial recommendations in the committee's report required under Subdivision (3) to address identified gaps. (9109)

Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 37, Sec. 4, eff. Sept. 1, 1999. (9110)

Amended by: (9111)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.410, eff. April 2, 2015. (9112)

Acts 2015, 84th Leg., R.S., Ch. 98 (H.B. 1678), Sec. 2, eff. September 1, 2015. (9113)

Sec. 115.010. GOVERNMENTAL COOPERATION. (9114)

The agencies of state and local government shall cooperate with and assist the committee in the performance of its functions. (9115)

Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1, 1991. (9116)

Sec. 115.011. COMPLAINTS. (9117)

(a) The committee shall maintain a file on each written complaint filed with the committee. The file must include: (9118)

(1) the name of the person who filed the complaint; (9119)

(2) the date the complaint is received by the committee; (9120)

(3) the subject matter of the complaint; (9121)

(4) the name of each person contacted in relation to the complaint; (9122)

(5) a summary of the results of the review of the complaint; and (9123)

(6) an explanation of the reason the file was closed, if the committee closed the file without taking action other than to review the complaint. (9124)

(b) The committee, until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the review of the complaint. (9125)

Added by Acts 1999, 76th Leg., ch. 37, Sec. 5, eff. Sept. 1, 1999. (9126)

CHAPTER 117. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES (9127)

Sec. 117.001. DEFINITIONS. (9128)

In this chapter: (9129)

(1) "Caseworker" means a department employee who manages a client's case under a direct services program and provides direct services to the client under the program. (9130)

(1-a) "Center for independent living" has the meaning assigned by Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796a). (9131)

(1-b) "Commission" means the Health and Human Services Commission. (9132)

(2) "Commissioner" means the commissioner of assistive and rehabilitative services. (9133)

(3) "Council" means the Assistive and Rehabilitative Services Council. (9134)

(4) "Department" means the Department of Assistive and Rehabilitative Services. (9135)

(4-a) "Direct services" means services provided to a client by a department employee, including counseling, facilitating the purchase of services from a source other than the department, and purchasing equipment and other items and providing other services necessary for the client to successfully complete a department program. (9136)

(4-b) "Direct services program" means a program operated by the department through which direct services are provided. (9137)

(5) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (9138)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29, 2003. (9139)

Amended by: (9140)

Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 1, eff. September 1, 2015. (9141)

Sec. 117.003. SUNSET PROVISION. (9142)

Unless the commission is continued in existence as provided by Chapter 325, Government Code, after the review required by Section 531.004, Government Code, this chapter expires on the date the commission is abolished under that section. (9143)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29, 2003. (9144)

Amended by: (9145)

Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.07, eff. June 15, 2007. (9146)

Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.13, eff. July 10, 2009. (9147)

Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.19, eff. June 17, 2011. (9148)

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 4.05, eff. September 1, 2015. (9149)

Sec. 117.033. CRIMINAL HISTORY RECORD INFORMATION. (9150)

(a) The department may obtain criminal history record information from the Texas Department of Criminal Justice and from the Texas Department of Public Safety if the criminal history records relate to: (9151)

(1) an applicant selected for employment with the department; (9152)

(2) an applicant for services of the department; or (9153)

(3) a client of the department. (9154)

(b) The Texas Department of Criminal Justice and the Texas Department of Public Safety upon request shall supply to the department criminal history record information relating to applicants selected for employment with the department, applicants for services of the department, or clients of the department. The department shall treat all criminal history record information as privileged and confidential and for department use only. (9155)

Added by Acts 1979, 66th Leg., p. 2435, ch. 842, art. 2, Sec. 7, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 142, Sec. 10, eff. May 17, 1993. (9156)

Amended by: (9157)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.118, eff. September 1, 2009. (9158)

Transferred, redesignated and amended from Human Resources Code, Section 111.058 by Acts 2013, 83rd Leg., R.S., Ch. 391 (S.B. 128), Sec. 2, eff. June 14, 2013. (9159)

Sec. 117.034. CRIMINAL HISTORY RECORD INFORMATION: APPLICANTS FOR EMPLOYMENT. (9160)

The executive commissioner by rule shall establish criteria for denying a person's application for employment based on criminal history record information obtained pursuant to Section 411.117, Government Code. (9161)

Added by Acts 1999, 76th Leg., ch. 393, Sec. 22, eff. Sept. 1, 1999. (9162)

Transferred, redesignated and amended from Human Resources Code, Section 111.0581 by Acts 2013, 83rd Leg., R.S., Ch. 391 (S.B. 128), Sec. 2, eff. June 14, 2013. (9163)

SUBCHAPTER C. PERSONNEL (9164)
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT (9165)
Sec. 117.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. (9166)

The department is responsible for administering human services programs to provide early childhood intervention services and rehabilitation and related services to persons who are blind, deaf, or hard of hearing. The department is also responsible for providing and coordinating programs for the rehabilitation of persons with disabilities so that those persons may prepare for and engage in a gainful occupation or achieve maximum personal independence. (9167)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29, 2003. (9168)

Sec. 117.0713. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. (9169)

The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 117.071 and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs. (9170)

Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 8, eff. September 1, 2016. (9171)

Sec. 117.073. RULES. (9172)

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule. (9173)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29, 2003. (9174)

Sec. 117.074. RATES FOR MEDICAL SERVICES. (9175)