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Mr.Vernon M.Arrell Commissioner Opinion No.JM-809
Texas Rehabilitation Commission Re: Whether the Texas 118 E.Riverside Drive Rehabilitation Commission Austin, Texas 78704-9982 may contract with a "forprofit" agency under its Extended Rehabilitation Program
Dear Commissioner Arrell:
You askwhether the Texas Rehabilitation Commission [hereinafter the commission], under itsExtended Rehabilitation Program, may contract now with "for-profit" agencies, orwhether it miiy contract onlywith non-profit agencies. We conclude that itmay contract nowwith both nfor-profit," aswell asnon-profit, agencies. The Extended Rehabilitation Program [hereinafter the program] was created in 1969. SeeActs 1969, 61st Leg., ch. 49, at 144. It was first codified as article 2675m, V.T.C.S., and provided, inter alia, extended vocational rehabilitation services forcertain persons. Section 3of the act declared:

The state aaency vested with the authority to administer thisActmav contract with anY not-for-DrOfit aaen v. DUbliC for theprovision ocfany extende? Drivate,rehabilitation services, including extended shelter workshop employment or extended community residence for persons participating in vocational rehabilitation and pay for such services purchased forthe state. (Emphasis added.)
See alsoV.T.C.S. art. 2695m, 554-7. Article 2675m, V.T.C.S., was repealed in 1971, Acts 1971, 62nd Leg., ch. 405, §54(2), at 1533, and recodified as section 30.73 of the Education Code. Acts 1971, 62nd

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Leg., ch. 405, 552, at 1526. The Education Code section differed innomaterial way from itspredecessor statute. Section 30.73 of the Education Code was repealed, Acts 1979, 66th Leg., ch. 842, at 2429,243o and, again, recodified as section 111.082 of the Human Resources Code. Acts 1979, 66th Leg., ch. 842, art. 1, 52(2),eat 2429. Section 111.082 of the Human Resources Code differed inno material respect from itspredecessor statute. Finally, section 111.082 of the Human Resources Code was repealed atActs 1983, 68th Leg., ch. 77, 55, at 345, and, substantially amended, was recodified aspart of section 111.052 of the Human Resources Code. Section 111.052 of the Human Resources Code isapart of subchapter Cof the code, which details the powers and duties of the commission. The section sets forth the general functions of the commission and provides the following:

of (a)The commission shall, to the extent resources available and priorities established by the board, provide rehabilitation services directly or through public orprivate resources to individuals determined by the commissioner tobe eligible for the services under avocational rehabilitation program, and extended rehabilitation services program, or other program established toprovide rehabilitative services. (b)In carrying out thepurposes of this chapter, the commission may:

(1)cooperate with other departments, agencies, political subdivisions, and institutions, both public andprivate, in providing the services authorized by this chapter to eligible individuals, in studying the problems involved, and in planning, establishing, developing, and providing necessary or desirable programs, facilities, and services, including those jointly administered with state agencies: (2)enter into reciprocal agreements with other states;

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(3)establish or construct rehabilitation facilities andworkshops, contract with or provide grants to agencies, organizations, or individuals **as** .necessaryto implement.this chapter, make contracts or other arrangements with public and other nonprofit agencies, organizations, or institutions for the establishment of workshops and rehabilitation facilities, and operate facilities for carrying out the purposes of this chapter; (4)conduct research and compile statistics relating to the provision of services to or the need for services by disabled individuals; (5)provide for the establishment, supervision, management, and control of small business enterprises tobe operated by severely handicapped individuals where their operation will be improved through themanagement and supervision of the commission: (6)contract with schools, hospitals, private industrial firms, and other agencies andwith doctors, nurses, technicians, and other persons for training, physical restoration, transportation, and other rehabilitation services; and (7)contract with a **DUbliC** or orivate aaencv toDrovide and nav for rehabilitative services under the extended rehabilitation services oroaram. including sheltered emolovment or communitv residence fora oerson oarticioatina in the proaram. (Emphasis added.)
Your concern arises from the omission from subsection (b)(7)of thephrase "non-profit" from the phrase denoting the sort of agency with which the commission may contract.
Statutes must be construed as written. Jones v. State, 610 S.W.2d 535 (Tex. Civ. APP. - Dist.] 1980, Houston [lst

writ ref'd n.r.e.); Youna v. Del Mar Homes, Inc., 608 S.W.Zd 804 (Tex. Civ. APP. - Houston [14th

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Dist.] 1980,writ ref'd n.r.e.). We are governed by the rule that has been enunciated by the Texas Supreme Court:

The language [ofthe statute] appears to us tobeplain andunambiguous and its meaning clear and obvious. We can only enforce the statute as written andhave no right to create or to find an ambiguity where none exists inorder to call intoplay generally recognized rules which are used as aids to the construction of ambiguous statutes. Col-Tex Refinina Co.v. Railroad Commission ofTexas, 240 S.W.2d 747, 750 (Tex. 1951). It isclear from a reading, of section 111.052 of the Human Resources Code that the commission's contracting authority now extends to "forprofit," as well as nonprofit, agencies: the prior restrictions have been removed. Accordingly, we conclude that the commission may contract with "for-profit," as well as nonprofit, agencies.
SUMMARY
Pursuant to section 111.052 of the Human Resources Code, the Texas Rehabilitation Commission may contract with "for-profit," aswell as nonprofit, agencies under its Extended Rehabilitation Program.

JIM MATTOX Attorney General ofTexas
WARY KELLER Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLKY Special Assistant.Attorney General
RICK GILPIN Chairman, Opinion Committee Prepared byJim Moellinger Assistant Attorney General

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