The Honorable Jess M. Irvin, Jr. Commissioner for Rehabilitation 1600W. 38th Street Austin, Texas 78731 Opinion No. H- 192 Re: May Texas Rehabilitation Commission enter into contract with Dept. of HEW to make disability determinations under Title XVI, Social Security Act, and related questions. Dear Mr. Irvin: In requesting an opinion ofthis office onthe above referenced subject matter, you advised us that, in administering the disability benefit provisions ofthe Social Security Act, the Secretary of Health, Education and Welfare has entered into agreements with the several states relative to the making ofdeterminations ofdisability by state agencies onbehalf ofthe Secretary, and that the Department of Health, Education and Welfare has designated the Texas Rehabilitation Commission as the state agency to make disability determinations under Title XVI, Social Security Act, as amended. You have attached~.to your opinion request apresent agreement between the Secretary ofHealth, Education and Welfare and the Texas Rehabilitation Commission, successor state agency to the Commission for Rehab,ilitation, which agreement has been in effect since September 1, 1969, and was supplemented onJune 12, 1970. You have also attached aproposed modification to the above agreement and supplement thereto which the Depart,ment ofHealth, Education and Welfare has requested you, as Commissioner for Rehabilitation, to execute. You have asked our opinion onthe following questions:

“(1) Is the Texas Rehabilitation Commission empowered to act onbehalf ofthe State ofTexas and enter an agreep. 902’

The HoncP-able Jess M. Irvin, Jr., page 2 (H-192)

ment with the Secretary ofHealth, Education, and Welfare to carry out theprovisions ofTitle XVI of the Social Security Act, as amended; and

“(2) Am I, as Commissioner ofthe Texas Rehabilitation Commission, the proper State official to execute the Modification to the present agreement?” The Texas Rehabilitation Commission is asuccessor agency to the Division ofVocational Rehabilitation and the Division of Disability Determination of~the Central Education Agency. The changes in legislation affecting the Commission are outlined in Attorney General Opinion M-617 (1970) which held: (1) that the Commission for Rehabilitation (now the Texas Rehabilitation Commission) was the legal successor to all functions, duties and responsibilities ofthe Division ofVocational Rehabilitation and the Division ofDisability Determination ofthe Central Education Agency, and

(2) that the Commissioner of the Commission for Rehabilitation is the proper State official empowerd to execute an agreement onbehalf ofthe State ofTexas with t~heSecretary ofHealth, Education and Welfare to carry out the provision of $221ofthe Social Security Act to replace a prior agreement entered into by the Central Education Agency. Ac.cordingly, on June 12, 1970, the Commission for Rehabilitation entered into a supplement ofthe 1969agreement. Sugsequent to that opinion, the statutes affecting the Commission were codified inthe Texas Education Code without substantive change. Vernon’s Texas Education Code, 530.48 provides in part:

“All contract:s and a.greements between the Central Education Agency and the Social Security Administration relating to the activities ofthe division ofvocational rehabilitat~ion and the division ofdisability determination of the Central Education Agency shall be continued for the benefit ofthe Commission. ‘I

p* 903The Honorable Jess M. Irvin, Jr., page 3 (H-1921

Texas Education Code, 530.43 provides:

“The agency shall make agreements, arrangements, or plans to cooperate with the federal government in carrying out the purposes ofthis chapter or ofany federal statutes pertaining to rehabilitation, and to this end may adopt the methods ofadministration as are found bythe federal government tobe necessary, and are not contrary to existing State laws, for the proper and efficient operation ofsuch agreements, arrangements, or plans for rehabilitation. ” Our answer toyour first question is that $30.43, Title II, Texas Education Code, constitutes the authority for the Texas Rehabilitation Commission to execute the proposed agreement. Our answer to-your second is controlled by §30.16, Title II, Texas Education Code, which provides as follows:

“This chapter shall be administered by the Commissioner under operational policies established bythe board. The commissioner shall be appointed by the board on the basis ofhis education, training, experience, and demonstrated ability. He shall serve atthe pleasure ofthe board. He shall be secretary to the board, as well as chief administrative officer ofthe agency. ” This section constitutes the authority for you, as Commissioner for Rehabilitation ofthe Texas Rehabilitation Commission, to execute the proposed modification to the present agreement. SUMMARY - The Texas Rehabilitation Commission is empowered toact onbehalf ofthe State of Texas in entering into an agreement with the Secretary of Health, Education and

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**,** The Honorable Jess M. Irvin, Jr., page 4 (H-192)

Welfare to carry out the provisions ofTitle XVI ofthe Social Security Act, as amended, and the Commissioner ofthe Texas Rehabilitation Commission is the proper state official to execute such agreement. Yours very truly, A

//- Attorney General ofTexas

DAVID M. KENDALL, Chairman Opinions Committee

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