April 22, 1970 

Hon. Jess M. Irwln, Jr. Opinion No. M- 617 

Commissioner. Texas Rehabilitation 

Commission Re: Authority of the ComMedical Park Tower missioner to execute 

1301 West 38th Street a contract with 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 concerning a 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 Commission for Rehabllltatlon 

Is the legal successor to all functions, duties, 

and responsibilities of the Division of Vocational Rehabilitation and the Division of 

Disability Determination of the Central Education Agency; and 

"(3) the Commission for Rehabilitation 

is empowered to act on behalf of the State of 

Texas and enter an agreement with 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 questions arise 

for the reason that it is necessary to enter into a new agreement 

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Hon. Jess M. Irwin, Jr,, page 2 (M-617) 

with the Secretary of Health, Education and Welfare to replace 

the agreement between the Secretary of Health, Education and 

Welfare and the Texas Central Education Agency since the Leglslature has created the Commission for Rehabllltatlon to take the 

place of the former Division of Vocational Rehabilitation and 

the Division of Disability Determination of the Central Education 

Agency. You further state that Mr. Paul E. Webb, Assistant Director, 

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 

Legislature by 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 Vocational Rehabilitation and the Division of 

Disability Determination of the Central Education Agency, together with all personnel, 

property, records, and unexpended balances 

of appropriations, allocations, and other 

funds available or to be made available are 

hereby transferred to the agency on September 

1, 1969. Wherever under existing statutes, 

duties, obligations, and responsibilities are 

placed upon the Division of Vocational Rehabilitation or the Division of Disability 

Determination of the Central Education Agency 

or duties, obligations, and responslblllties 

relating to vocational rehabilitation of the 

handicapped Individual are imposed upon the 

State Board for Vocational Education, such 

duties, obligations and responsibilities shall 

hereafter be assumed and carried out by the 

commission. All contracts and agreements between the Central Education Agency and the 

Social Security Administration relating to the 

activities of the Division of Vocational Rehabilitation and the Division of Disability 

Determination of the Central Education Agency 

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 Rehabilitation Is the legal successor to all functions, duties and responsibilities of the 

former Division of Vocational Rehabilitation and the Division 

of Disability Determination of the Central Education Agency. 

Subdivision (a) of Section 5 of Senate Bill 110, supra, 

provides8 

"(a) This Act shall be administered by 

the Commissioner under operational policies 

established by the Board. The Commissioner 

shall be appointed by the Board on the basis 

of his education, training, experience, and 

demonstrated ability. 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 therefore advised that the Commissioner is 

the proper officer to execute agreements on behalf of the 

Commission for Rehabilitation in carrying out the provisions 

of Senate Bill 110, supra. 

The agreement submitted with your request 1s~ substantially identical with the agreement previously entered Into 

by the Central Education Agency for the purpose of carrying out 

the provisions of Section 221 of the Social Security Act. The 

Commissfon for Rehabilitation Is the legal successor to all functions, duties and responsfbilitfes of the Division of Vocational 

Rehabilitation and the Division of Disability Determination of 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 agreement wfth 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 agreement and Is the proper State official to 

execute the agreement. 

SUMMARY 

The Commission for Rehabilitation created 

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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Hon. Jess M. Irwln, Jr., Page 4 (M-617) 

of the Division of Vocational Rehabilitation and 

the Division of Dlsablllty Determination of the 

Central Education Agency; and the Commissioner of 

the Commission for Rehabilitation is 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 Education Agency. 

Prepared by John Reeves 

Assistant Attorney 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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