i 

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 ask whether the Texas Rehabilitation Commission 

[hereinafter the commission], under its Extended Rehabilitation Program, may contract now with "for-profit" 

agencies, or whether it miiy contract only with non-profit 

agencies. We conclude that it may contract now with both 

nfor-profit," as well as non-profit, agencies. 

The Extended Rehabilitation Program [hereinafter the 

program] was created in 1969. See Acts 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 for certain persons. Section 3 of 

the act declared: 

The state aaency vested with the authority 

to administer this Act mav contract with anY 

not-for-DrOfit aaen v. DUbliC 

for the provision ocf any 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 for the state. (Emphasis 

added.) 

See also V.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Article 2675m, V.T.C.S., was repealed in 1971, Acts 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 

p. 3829 
. I 

Mr. Vernon M. Arrell - Page 2 (JM-809) 

Leg., ch. 405, 552, at 1526. The Education Code section 

differed in no material way from its predecessor 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Section 30.73 of the Education Code was repealed, Acts 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 in no 

material respect from its predecessor statute. Finally, 

section 111.082 of the Human Resources Code was repealed 

at Acts 1983, 68th Leg., ch. 77, 55, at 345, and, 

substantially amended, was recodified as part of section 

111.052 of the Human Resources Code. 

Section 111.052 of the Human Resources Code is a part 

of subchapter C of 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 

or private resources to individuals determined by the commissioner to be eligible for 

the services under a vocational rehabilitation program, and extended rehabilitation 

services program, or other program established to provide rehabilitative services. 

(b) In carrying out the purposes of this 

chapter, the commission may: 

(1) cooperate with other departments, 

agencies, political subdivisions, and 

institutions, both public and private, 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; 

p. 3830 
Mr. Vernon M. Arrell - Page 3 (m-809) 

(3) establish or construct rehabilitation facilities and workshops, contract 

with or provide grants to agencies, 

organizations, or individuals as 

.necessary to 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 to be operated 

by severely handicapped individuals where 

their operation will be improved through 

the management and supervision of the 

commission: 

(6) contract with schools, hospitals, 

private industrial firms, and other 

agencies and with doctors, nurses, technicians, and other persons for training, 

physical restoration, transportation, and 

other rehabilitation services; and 

(7) contract with a DUbliC or orivate 

aaencv to Drovide and nav for rehabilitative services under the extended rehabilitation services oroaram. including 

sheltered emolovment or communitv residence for a oerson oarticioatina in the 

proaram. (Emphasis added.) 

Your concern arises from the omission from subsection 

(b)(7) of the phrase "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 

p. 3831 
Mr. Vernon M. Arrell - Page 4 (JM-809) 

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 [of the statute] appears to us 

to be plain and unambiguous and its meaning 

clear and obvious. We can only enforce the 

statute as written and have no right to 

create or to find an ambiguity where none 

exists in order to call into play generally 

recognized rules which are used as aids to 

the construction of ambiguous statutes. 

Col-Tex Refinina Co. v. Railroad Commission of Texas, 240 

S.W.2d 747, 750 (Tex. 1951). It is clear 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," 

as well as nonprofit, agencies under its 

Extended Rehabilitation Program. 

JIM MATTOX 

Attorney General of Texas 

WARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLKY 

Special Assistant.Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Jim Moellinger 

Assistant Attorney General 

p. 3832