Honorable ,S. E. Peavy, M.D. Commissionerof Health Texas State Department of Health Austin, Texas Opinion No. C-556

Re: Constructionof Senate Bill 527, Acts of the~59thLe Regular Session, fislature,

19 5, relating to the financingof services to crippled childrenwith blindness, Dear Dr. Peavy: and related questions.'

Your request for an opinion on the above subjectmatter asks the followingquestions:

1. Does Section 3 of Senate Bill 527,. Acts of the 59th Legislature,Regular Session, 1965, "place upon the State Commissionfor the Blind the responsibility of financing services to crippled childrenwith blindnessand other crippling conditions?"
2. Is Section 2 of Senate Bill 527, Acts of the 59th Legislature, Regular Session, 1965, in conflictwith Article &%lgc, Vernon'sCivil Statute's,

as amended by House Bill 268, Acts of the 59th Legislature, Regular Session, 1965?
3. Is Section 2 of Senate Bill 527, Acts of the 59th Legislature, Regular Session, 1965, in conflictwith a Federal regulationrelating to the administration of programs for crippled children,providing in part: '!With respect to the crippled children's servicesprogram for the establishment,

in the State agency, of a separate organizational

unit charged primarilywith responsibilitiesin the field of health services for crippled children and including, at least, the planning,promotingand coordinatingof crippled

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children's servicesand the administration of the unit and its staff as provided under the'statePlan: Provided,That, where the major functions of the State Agency relate to the provision of health services to children, as in the case of a Crippled Children'sCommission, such commission shall itself be consideredas the separate organizational unit required."?
4. Is the State Board of Health required to approve any physicianswho may be used by the State Commissionfor the Blind in admlnistering Section 2 of Senate Bill 527'1
5. Is the Commission for the Blind financially responsibleas well as otherwiseresponsiblefor renderingall services to the visuallyhandicapped?

House Bill 268 passed the Legislatureon April 22na, 1965, and Senate Bill 527 passed the Legislatureon May 13, 1965. Section 2 of Article &419c, Vernon's Civil Statutes,as amended by Section 1 of House Bill 268, defines a crippled child as follows:

"A crippled child is defined as any person under twenty-one (21) years of age whose physical functions or movementsare impairedby reason of a joint, bone, or muscle defect or deformity,to the extent that the child is or may be expected to be totally or partially incapacitated for education or remunerativeoccupation. To be eligible for rehabilitationservice under this Act, the child's disabilitymust be such that it is reasonable to expect that such child can be improved throughhospitalization,

medical or surgical care, artificial appliances, ices." or through a combinationof these servThe definition in House Bill 268 of a crippled child, abovequoted, was again changed by the provisionsof Section 3 of Senate Bill 527, Acts of the 59th Legislature, and such definition,being the latest expressionof the Legislature, will control. A crippled child is now defined as:

"A crippled child is defined as any person under twenty-one (21) years of age, whose physical

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Hon. J. E. Peavy, M.D., page 3 (c-556)

functions or movementsare impairedby reason of a joint, bone, or muscle defect or deformity, to the extent that the child is or may be expected to be totally or partially incapacitated for education or remunerativeoccupation. To be ,eligible for rehabilitation serviceunder this Act, the child's disabilitymust be such that it is reasonableto expect that child can be improved throughhospitalization, medical or surgicalcare, artificialappliances,or througha combinationof these services. For the purpose of this Act a 'crippled

child' includesa child whose sole or primary handicap is blindness or other substantial visual handicap,but the responsibility for rendering services to a child crippled with blindness or other substantial

visual handicap is that of the Commission for the Blind."

In view of the foregoing,a child whose sole or primary handicap is blindness or other substantial visual handicap is the responsibility of the Commissionfor the Blind rather than the responsibility of the State Department of Health. All other crippled children,as defined,are the responsibility of the State Department of He'alth.
Senate Bill'527 does not amend or modify the provisionsof Article &+lgc, Vernon's Civil Statutes,designatingthe State Department of Health as the agency to receive funds which are appropriatedby the Federal Government to be used in the State of Texas in matching State funds which are appropriated by the Legislature or to receive any other funds which are not required to be matched by the Legislaturefor the physical restorationof crippled children. Article 441gc, Section 8,'Vemonls Civil Statutes. Section 2 of Senate Bill 527 is not in conflictwith the Federal regulationrelating to the administration of 1rograms for crippled children set out in your request. Article 4 1% does not require the approvalby the State Departmentof Health of physiciansused by the State Commissionfor the Blind in administering the visual care provided for in Senate Bill 527.
SUMMARY Section 2 of Senate Bill 527, Acts of the 59th Legislature,Regular Session, 1965, relating to the responsibilities of the State Commissionfor the Blind, amends the

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Hon. J. E. Peavy, M.D., page 4 (C- 556)

definitionof a Crippled child definedby the provisionsof Article 4419c, Vernon's Civil Statutes, to includea crippled~child who is handicappedby blindness or. other substantial

visual handicap,but the responsibilityfor rendering services to a child crippled with blindness or other substantial visual handicap is that of the Commissionfor the Blind. In all other respects, the responsibility for a crippled child is that of the State Department of Health, and Article 4419c, Vernon's Civil Statutes, is not amended in any other respect.

Yours very truly,
WAGGONER CARR Attorney General

By@!k?%ee+ Assistant JR:ms
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman Pat Bailey Terry Goodman Ralph Rash Mario Obleao
APPROVED FOR THE ATTORNEY QENERAL By: T. B. Wright

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