The Honorable Jess M. Irvin, Jr. 

Commissioner for Rehabilitation 

1600 W. 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 of this office on the above referenced subject 

matter, you advised us that, in administering the disability benefit provisions 

of the Social Security Act, the Secretary of Health, Education and Welfare 

has entered into agreements with the several states relative to the making 

of determinations of disability by state agencies on behalf of the 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 a present agreement between 

the Secretary of Health, 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 on June 12, 1970. You have also attached a proposed modification to 

the above agreement and supplement thereto which the Depart,ment of Health, 

Education and Welfare has requested you, as Commissioner for Rehabilitation, 

to execute. 

You have asked our opinion on the following questions: 

“(1) Is the Texas Rehabilitation Commission empowered 

to act on behalf of the State of Texas and enter an agreep. 902 
’ 

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

ment with the Secretary of Health, Education, and 

Welfare to carry out theprovisions of Title XVI of 

the Social Security Act, as amended; and 

“(2) Am I, as Commissioner of the Texas Rehabilitation 

Commission, the proper State official to execute the 

Modification to the present agreement?” 

The Texas Rehabilitation Commission is a successor agency to the 

Division of Vocational 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 of the Division of Vocational Rehabilitation and the 

Division of Disability Determination of the Central Education Agency, and 

(2) that the Commissioner of the Commission for Rehabilitation 

is the proper State official empowerd to execute an agreement on behalf 

of the State of Texas with t~he Secretary of Health, Education and Welfare 

to carry out the provision of $ 221 of the 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 of the 1969 agreement. 

Sugsequent to that opinion, the statutes affecting the Commission were 

codified in the Texas Education Code without substantive change. Vernon’s 

Texas Education Code, 5 30.48 provides in part: 

“All contract:s and a.greements between the 

Central Education Agency and the Social Security 

Administration relating to the activities of the 

division of vocational rehabilitat~ion and the division 

of disability determination of the Central Education 

Agency shall be continued for the benefit of the 

Commission. ‘I 

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

Texas Education Code, 5 30.43 provides: 

“The agency shall make agreements, arrangements, or plans to cooperate with the federal government in carrying out the purposes of this chapter or 

of any federal statutes pertaining to rehabilitation, 

and to this end may adopt the methods of administration 

as are found by the federal government to be necessary, 

and are not contrary to existing State laws, for the 

proper and efficient operation of such agreements, 

arrangements, or plans for rehabilitation. ” 

Our answer to your 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 

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 as chief administrative officer of the agency. ” 

This section constitutes the authority for you, as Commissioner for 

Rehabilitation of the Texas Rehabilitation Commission, to execute the 

proposed modification to the present agreement. 

SUMMARY 

- 

The Texas Rehabilitation Commission is empowered 

to act on behalf of the State of Texas in entering into an 

agreement with the Secretary of Health, Education and 

p. 904 
‘I 

, 

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

Welfare to carry out the provisions of Title XVI 

of the Social Security Act, as amended, and the 

Commissioner of the Texas Rehabilitation 

Commission is the proper state official to execute 

such agreement. 

Yours very truly, 

A 

//- 

Attorney General of Texas 

DAVID M. KENDALL, Chairman 

Opinions Committee 

p. 905