April 22, 1970

Hon. Jess M. Irwln, Jr. OpinionNo. M- 617 Commissioner.

Texas Rehabilitation Commission Re: Authority of the ComMedical Park Tower missioner to execute 1301 West 38th Street a contractwith the Austin, Texas 78705 Secretary of Health, Education and Welfare to carry out the provisions of Section 221 of the Social Security Act, and related quesDear Mr. Irwin: tlons.

Your request for an opinion on the above subjedt'matter asks the following questions concerninga new agreement to replace
a prior agreement entered into by the Texas Central Education Ae=ncYf namely whether:

"(1) I, as Commissioner of the Commlssion for Rehabilitation, am the proper State official to execute the agreement; "(2) the Commissionfor Rehabllltatlon Is the legal successorto all functions,duties, and responsibilities of the Division of VocationalRehabilitation and the Division of DisabilityDeterminationof the Central Education Agency; and
"(3) the Commission for Rehabilitation is empowered to act on behalf of the State of Texas and enter an agreementwith the Secretary of Health, Education,and Welfare to carry out provisions of Section 221 of the Sotlal Security Act as set forth in said agreement.

You state in your request that these questionsarise for the reason that it is necessary to enter into a new agreement

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with the Secretary of Health, Education and Welfare to replace the agreementbetween the Secretary of Health, Educationand Welfare and the Texas Central EducationAgency since the Leglslature has created the Commissionfor Rehabllltatlon to take the place of the former Division of VocationalRehabilitation and the Division of DisabilityDetermination of the Central Education Agency. You further state that Mr. Paul E. Webb, AssistantDirector, Bureau of Disability Insurance,Social Security Administration, has stated that prior to approval of agreements to carry out the provisions of Section 221 of the Social Security Act, it will be necessary to obtain an opinion from this office on the above quoted questions.

The Commission for Rehabilitation was created by the Legislatureby the enactment of Senate Bill 110, Acts 61st Leglslature,Regular Session, Chapter 40, page 103 (Art. 26751. V.C.S.) Section 13 reads as follows:

"All functions of the Division of VocationalRehabilitation and the Division of DisabilityDetermination of the Central Education Agency, togetherwith all personnel, property, records, and unexpendedbalances of appropriations, allocations,and other funds available or to be made available are hereby transferredto the agency on September 1, 1969. Wherever under existing statutes, duties, obligations, and responsibilities are placed upon the Division of VocationalRehabilitationor the Division of Disability Determinationof the Central EducationAgency or duties, obligations, and responslblllties relating to vocationalrehabilitation of the handicapped Individualare imposedupon the State Board for VocationalEducation, such duties, obligationsand responsibilities shall hereafterbe assumed and carried out by the commission. All contracts and agreementsbetween the Central EducationAgency and the Social SecurityAdministration relating to the activities of the Division of VocationalRehabilitationand the Division of Disability Determinationof the Central EducationAgency shall be continued for the benefit of the commission."

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Hon. Jess M. Irwin, Jr., page 3 (B-617)

In view of the above quoted provlslons,~ you are advised that the Commission for RehabilitationIs the legal successor to all functions,duties and responsibilities of the former Division of VocationalRehabilitation and the Division of DisabilityDeterminationof the Central EducationAgency.

Subdivision (a) of Section 5 of Senate Bill 110, supra, provides8
"(a) This Act shall be administered by the Commissioner

under operational

policies establishedby the Board. The Commissioner shall be appointedby the Board on the basis of his education,training, experience,and demonstratedability. He shall serve at the pleasure of the Board. He shall be secretary to the Board, as well $+s chief administrative officer of the agency.
See also Section 6 of Senate Bill 110.

You are thereforeadvised that the Commissioneris the proper officer to execute agreements on behalf of the Commissionfor Rehabilitationin carrying out the provisions of Senate Bill 110, supra.

The agreement submittedwith your request 1s~substantially identicalwith the agreementpreviously entered Into by the Central EducationAgency for the purpose of carrying out the provisions of Section 221 of the Social Security Act. The Commissfon for RehabilitationIs the legal successor to all functions, duties and responsfbilitfes of the Division of Vocational Rehabilitation

and the Division of DisabilityDeterminationof the Central Education Agency; and you are advised that the Commissioner is empowered to act on behalf of the State of Texas and enter into
an agreementwfth the Secretary of Health, Education and Welfare to carry out the provfsions of Section 221 of the Social Security Act as set forth in the agreementand Is the proper State official to execute the agreement.

SUMMARY
The Commissionfor Rehabilitationcreated by the provisions of Senate Bill 110, Acts 1969, 61st Legfslature,

Regular Session, Chapter 40, page 103 (Art. 26751, V.C.S.) is the legal successor to all functions,duties and responsfbflitfes

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of the Division of VocationalRehabilitation and the Division of DlsabllltyDeterminationof the Central EducationAgency; and the Commissionerof the Commission for Rehabilitationis the proper State official empowered to execute an agreement on behalf of the State of Texas with the Secretary of Health, Education and Welfare to carry out the provisions of Section 221 of the Social Security Act to replace a prior agreement entered into by the Central EducationAgency.

Preparedby John Reeves AssistantAttorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Austin Bray Glenn Brown Sarah E. Phillips Ed Esquivel

MEADE F. GRIFFIN Staff Legal Assistant

ALFRED WALKER Executive Assistant

NOLAWHITE First Assistant

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