JIM MATTOX 

Attorney General 

Supreme Court Bullding 

P. 0. BOX 12548 

AM,,“, TX. 78711.2548 

51214752501 

Telex 910/874-1387 

Telecopier 5121475-0288 

714 Jackson, Suite 700’ 

Dallas, TX. 7520215W 

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El Paso, TX. 798052793 

9151533.3484 

1001 Texas, Suite 700 

/4uston, TX. 77002-31 tl 

12255888 

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Lubbock, TX. 79401-3479 

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McAllen, TX. 78501-1685 

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San Antonlo, TX. 782052797 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

The Attorney Gendal of Texas 

January 11, 1984 

Mr. Vernon M. Arrell 

Commissioner 

Texas Rehabilitation Commission 

118 E. Riverside Drive 

Austin, Texas 78704 

Dear Mr. Arrell: 

Opinion No. ~~-124 

Re: Jurisdiction of the Texas 

Rehabilitation Conxaisslon with 

regard to residents of certain 

facilities 

You ask the following questions relating to certain facilities 

that are aubject,to the licensing requirements or exemptions provided 

by article 4442~. V.T.C.S.: 

1. If a facility is providing residential 

services to residents, some ,of whom are clients 

currently receiving services from the Texas 

Rehabilitation Commission, but others of whom are 

residents privately placed, or residents placed 

into the facility by a state agency other than the 

Texas Rehabilitation Commission, does the, Texas 

Rehabilitation Commission’s jurisdiction apply 

only to those clients residing in the facility 

currently receiving services from Texas 

Rehabilitation Commission or is our jurisdiction 

applicable to all residents in the facility? 

2. If the certifying state agency has 

jurisdiction only over those clients in the 

facility currently receiving services from the 

agency, which state agency, if any, is responsible 

for enforcing standards and for protecting the 

health, safety, and welfare of those residents 

residing in the facility but not receiving 

services, from the agency? 

Article 4442~ requires that “institutions,” as defined by that 

act, shall,be licensed by the Texas Department of Health. The act 

expressly exempts certain establishments from its application, 

including 

a facility operated within the jurisdiction of a 

state or federal governmental agency, including 

but not limited to the Texas Rehabilitation 

p. 525 
Mr. Vernon H. Arrell - Page 2 (J&&24) 

.,I’ ‘. 

Comission. the Texas Department of Mental Realth 

and Mental Retardation, the Texas Department. of 

~uttt&ti‘ Resdur&s,i~~the~ State Cosmission- for 'the 

Blind, the Texas Coaaaission on Alcoholism, the 

Texas Department of Corrections, and the Veterans' 

Administration, where the facility is primarily 

engaged in training. habilitation, rehabilitation. 

or education of clients or residents, and such 

facility has been certified through inspection or 

evaluation as having met standards establ,ished by 

the state or a federal governmental agency. .'~ 

V.T.C.,S. arti 4442~. §2(a)(6). 

You advise us that the Texas Rehabilitation Colmaission 

[hereinafter TRC] contracts with halfway houses or other residential 

facilities operated mainly by nonprofit assooiations. for services 

designed to enable handicapped or disabled persons to engage in a 

gainful occupation or independent ,living. Survey teems from the TRC 

examine.numsrous facilities and certify .them:as meeting standards for 

varying services which TRC then purahasas from the facilities for its 

clients. We understand that the services that the TRC purchases from 

the facilities Mayo not always be the type of care utilized by 

residents of the ~facilities placed there by.other agencies or by 

private persons., ':,a 

, 

Depending on ,facts and circumstances that also are varied, the 

facilities~ kertified.by the. TRC for its varying services may or may 

not be licensed by,the Department of Health. An institution subj,ect 

to licensure is one which provides to four or more persons unrelated 

to the proprietor food, shelter, and,either minor treatment under the 

direction and supervision of a physician or 'services which are 

classified as protective:~services. If, a facility's services are 

classified as non-protective ~setiices. they are not services ~for 

purposes of identifying institutions subject to licensure. See 

V.T.C.S. ,art. :4442c, ~12(a).; Texas ,Dept. of Health, RniZ 

301.54.06.OGl-.002. Some facilities certiffed'by the TRC may no,t be 

licensed because they-are operated within the jurisdiction of ,pther 

agencies,.such as the Texas Department ~of Mental Health and Mental 

Retardation and the i.Texas .Commission on Alcoholism. See Attorney - 

General Opinian JM-12~(1983). 

You inquire whether the TRC. is~~~responsible only for persons 

residing in a facility who are its clients receiving rehabilitation 

services, and, if,~fts authority extends only to its, clients, which 

state agency+ .if any,, is responsible for enforcing standards and 

,proteeting ..the welfare of,,the 'residents' who do not receive its 

services. 

It is our~opinion that~ the TRC is responsible for supervision of 

clients, that, it ,p~aees~~in~~residentlal~ facilities following its certif~ication.:~,and. purchase 'of rehabilitation services. We believe, 

-, 

p. 526 
. 

Mr. Vernon M. Arrell - Page 3 (~~-124) 

however, that TRC's responsibility extends only to its clients and 

that neither section 2(a)(6) of article 4442~ nor its contractual 

relationship with the facility for those services expands TRC's 

statutory authority to include authority for the supervision of or 

expenditure of funds for persons other ,than the handicapped or 

disabled individuals who are entitled to the TRC's services. 

The exemption from licensure provided by section 2(a)(6) of 

article 4442~ does not apply unless the facility is "operated within 

the jurisdiction of a state or federal agency" and is "certified 

through inspection or evaluation as having met standards established 

by the state or a federal governmental agency." See Attorney General 

Opinion JM-12. Under the facts presented to us, that does not appear 

to be the case. We believe that a contract between the TRC and a 

residential facility which is not operated within the TRC's 

jurisdiction, whereby the facility provides services to the 

commission's clients, does not alter the statutory power or duty of 

the licensing agency under article 4442~ to inspect the facility and 

to issue, deny, suspend, or revoke its license, when appropriate. 

If a facility with which the TRC contracts for services is exempt 

from licensure because it is operated within the jurisdiction of 

another state agency or a federal agency, that agency has responsibility for residents who are not the TRC's clients. In the case of 

any facility licensed under article 4442~ , the Department of Health is 

responsible for enforcing its licensing standards and supervising the 

safety and welfare of all residents. 

SUMMARY 

When the Texas Rehabilitation Commission 

purchases services for eligible persons from 

residential facilities, the commission's 

supervisory responsibility extends only to those 

residents receiving rehabilitation services 

purchased by the commission. The certification of 

facilities and purchase of services for persons by 

the Rehabilitation Commission does not exempt a 

facility from licensure by the Texas Health 

Department under article 4442~ or alter the 

responsibility of any agency to enforce standards 

and protect the health, safety, and welfare of the 

residents of the facility. 

JIM MATTOX 

Attorney General of Texas 

p. 527 
Mr. Vernon M. Arrell - Page 4 (m-124) 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICRARDS 

Executive Assistant Attorney General 

Prepared by Colin Carl 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

.Rick Gilpin. Chairman 

Colin Carl 

Susan Garrison 

Jim Moellinger 

Nancy Sutton 

p. 528