reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.110. Award to Private Plaintiff

Sec. 36.110.  AWARD TO PRIVATE PLAINTIFF.  (a)  If the state proceeds with an action under this subchapter, the person bringing the action is entitled, except as provided by Subsection (b), to receive at least 15 percent but not more than 25 percent of the proceeds of the action, depending on the extent to which the person substantially contributed to the prosecution of the action.
(a-1)  If the state does not proceed with an action under this subchapter, the person bringing the action is entitled, except as provided by Subsection (b), to receive at least 25 percent but not more than 30 percent of the proceeds of the action.  The entitlement of a person under this subsection is not affected by any subsequent intervention in the action by the state in accordance with Section 36.104(b-1).
(b)  If the court finds that the action is based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a Texas or federal criminal or civil hearing, in a Texas or federal legislative or administrative report, hearing, audit, or investigation, or from the news media, the court may award the amount the court considers appropriate but not more than 10 percent of the proceeds of the action.  The court shall consider the significance of the information and the role of the person bringing the action in advancing the case to litigation.
(c)  A payment to a person under this section shall be made from the proceeds of the action.  A person receiving a payment under this section is also entitled to receive from the defendant an amount for reasonable expenses, reasonable attorney's fees, and costs that the court finds to have been necessarily incurred.  The court's determination of expenses, fees, and costs to be awarded under this subsection shall be made only after the defendant has been found liable in the action or the claim is settled.
(d)  In this section, "proceeds of the action" includes proceeds of a settlement of the action.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 13, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 5, eff. May 4, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.184, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.111. Reduction of Award

Sec. 36.111.  REDUCTION OF AWARD.  (a)  If the court finds that the action was brought by a person who planned and initiated the violation of Section 36.002 on which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action the person would otherwise receive under Section 36.110, taking into account the person's role in advancing the case to litigation and any relevant circumstances pertaining to the violation.
(b)  If the person bringing the action is convicted of criminal conduct arising from the person's role in the violation of Section 36.002, the court shall dismiss the person from the civil action and the person may not receive any share of the proceeds of the action.  A dismissal under this subsection does not prejudice the right of the state to continue the action.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.112. Award to Defendant for Frivolous Action

Sec. 36.112.  AWARD TO DEFENDANT FOR FRIVOLOUS ACTION.  Chapter 105, Civil Practice and Remedies Code, applies in an action under this subchapter with which the state proceeds.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.113. Certain Actions Barred

Sec. 36.113.  CERTAIN ACTIONS BARRED.  (a)  A person may not bring an action under this subchapter that is based on allegations or transactions that are the subject of a civil suit or an administrative penalty proceeding in which the state is already a party.
(b)  The court shall dismiss an action or claim under this subchapter, unless opposed by the attorney general, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a Texas or federal criminal or civil hearing in which the state or an agent of the state is a party, in a Texas legislative or administrative report, or other Texas hearing, audit, or investigation, or from the news media, unless the person bringing the action is an original source of the information.  In this subsection, "original source" means an individual who:
(1)  prior to a public disclosure under this subsection, has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or
(2)  has knowledge that is independent of and materially adds to the publicly disclosed allegation or transactions and who has voluntarily provided the information to the state before filing an action under this subchapter.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 572, Sec. 6, eff. September 1, 2013.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.114. State Not Liable for Certain Expenses

Sec. 36.114.  STATE NOT LIABLE FOR CERTAIN EXPENSES.  The state is not liable for expenses that a person incurs in bringing an action under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.115. Retaliation Against Person Prohibited

Sec. 36.115.  RETALIATION AGAINST PERSON PROHIBITED.  (a)  A person, including an employee, contractor, or agent, who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of a lawful act taken by the person or associated others in furtherance of an action under this subchapter, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this subchapter, or other efforts taken by the person to stop one or more violations of Section 36.002 is entitled to:
(1)  reinstatement with the same seniority status the person would have had but for the discrimination; and
(2)  not less than two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.
(b)  A person may bring an action in the appropriate district court for the relief provided in this section.
(c)  A person must bring suit on an action under this section not later than the third anniversary of the date on which the cause of action accrues.  For purposes of this section, the cause of action accrues on the date the retaliation occurs.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 7, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.116. Sovereign Immunity Not Waived

Sec. 36.116.  SOVEREIGN IMMUNITY NOT WAIVED.  Except as provided by Section 36.112, this subchapter does not waive sovereign immunity.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.117. Attorney General Compensation

Sec. 36.117.  ATTORNEY GENERAL COMPENSATION.  The office of the attorney general may retain a reasonable portion of recoveries under this subchapter, not to exceed amounts specified in the General Appropriations Act, for the administration of this subchapter.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter D. Revocation of Certain Occupational Licenses › Section 36.132. Revocation of Licenses

Sec. 36.132.  REVOCATION OF LICENSES.  (a)  In this section:
(1)  "License" means a license, certificate, registration, permit, or other authorization that:
(A)  is issued by a licensing authority;
(B)  is subject before expiration to suspension, revocation, forfeiture, or termination by an issuing licensing authority;  and
(C)  must be obtained before a person may practice or engage in a particular business, occupation, or profession.
(2)  "Licensing authority" means:
(A)  the Texas Medical Board;
(B)  the State Board of Dental Examiners;
(C)  the Texas Behavioral Health Executive Council;
(D)  the Texas Board of Nursing;
(E)  the Texas Board of Physical Therapy Examiners;
(F)  the Texas Board of Occupational Therapy Examiners; or
(G)  another state agency authorized to regulate a provider who receives or is eligible to receive payment for a health care service under a health care program.
(b)  A licensing authority shall revoke a license issued by the authority to a person if the person is convicted of a felony under Section 35A.02, Penal Code.  In revoking the license, the licensing authority shall comply with all procedures generally applicable to the licensing authority in revoking licenses.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.09, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.012, eff. Feb. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 15, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 70, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.005, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 273 (S.B. 745), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.001. Definitions

Sec. 40.001.  DEFINITIONS.  In this subtitle:
(1)  Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(1), eff. September 1, 2005.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(50), eff. April 2, 2015.
(2-a)  "Council" means the Family and Protective Services Council.
(3)  "Department" means the Department of Family and Protective Services.
(4)  "Commissioner" means the commissioner of the Department of Family and Protective Services.
(4-a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(50), eff. April 2, 2015.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(42), eff. September 1, 2015.
(6)  "State supported living center" has the meaning assigned by Section 531.002, Health and Safety Code.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 1.10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.75, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.129(1), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 23, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(50), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(42), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.0026. References in Law Meaning Department

Sec. 40.0026.  REFERENCES IN LAW MEANING DEPARTMENT.  In this code or any other law, a reference to the department or the commission in relation to a function described by Section 40.0025(b) means the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.19, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 28, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.0027. References in Law Meaning Commissioner or Designee

Sec. 40.0027.  REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE.  In this code or in any other law, a reference to the commissioner or the executive commissioner in relation to a function described by Section 40.0025(b) means the commissioner.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.19, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 28, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.003. Sunset Provision

Sec. 40.003.  SUNSET PROVISION.  The Department of Family and Protective Services is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2027.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.77, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.04, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.10, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.13, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 4.04, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.09, eff. June 10, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.004. Public Interest Information and Public Access

Sec. 40.004.  PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS.  (a)  The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department.
(b)  The commissioner, with the advice of the council, shall prepare information of public interest describing the functions of the department.  The commission shall make the information available to the public and appropriate state agencies.
(c)  The commissioner shall grant an opportunity for a public hearing before the council makes recommendations to the commissioner regarding a substantive rule if a public hearing is requested by:
(1)  at least 25 persons;
(2)  a governmental entity;  or
(3)  an association with at least 25 members.
(d)  The executive commissioner shall consider fully all written and oral submissions about a proposed rule.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff. Sept. 1, 2003.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.005. Confidentiality of Information

Sec. 40.005.  CONFIDENTIALITY OF INFORMATION.  (a)  The executive commissioner shall establish and the department shall enforce rules governing the custody, use, and preservation of the department's records, papers, files, and communications.
(b)  The executive commissioner shall prescribe safeguards to govern the use or disclosure of information relating to a recipient of a department service or to an investigation the department conducts in performing its duties and responsibilities.  The safeguards must be consistent with the purposes of the department's programs and must comply with applicable state and federal law and department rules.
(c)  Notwithstanding any other provision of law, the executive commissioner by rule may prescribe a process by which an administrative law judge may disclose requested confidential information that the department possesses.  The rules must provide that the information may be disclosed by the administrative law judge only if the administrative law judge:
(1)  provides notice to the department and any interested party; and
(2)  determines after an in camera review of the information that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual.
(d)  Except as otherwise provided, a person who is authorized to receive confidential information shall maintain its confidentiality and shall prevent disclosure of the information to a person who is not authorized to receive the information.
(e)  A person commits an offense if the person discloses without authorization confidential information contained in the department's records, papers, files, or communications.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.187, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.006. Application of Other Laws

Sec. 40.006.  APPLICATION OF OTHER LAWS.  (a)  The department is subject to Chapters 551, 2001, and 2002, Government Code.
(b)  The department is not required to comply with Chapter 53, Occupations Code, in issuing a license or conducting a background check under Chapter 42 or 43.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.007. Reporting Requirement; Professional Fees

Sec. 40.007.  REPORTING REQUIREMENT;  PROFESSIONAL FEES.  (a)  The department shall include in any report required by law concerning the department's expenditures information relating to fees for professional or consultative services provided for the general administration of the department.
(b)  The report required under Subsection (a) may not include:
(1)  professional fees paid for routine or special examinations to determine an individual's eligibility for a program administered by the department;
(2)  professional fees for treatment, services, or care for individual recipients;  or
(3)  fees for providing for the special needs of individual recipients, including the provision of appliances.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter A. General Provisions › Section 40.008. Program Accessibility

Sec. 40.008.  PROGRAM ACCESSIBILITY.  The department shall comply with federal and state laws related to program and facility accessibility.  The department shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.021. Family and Protective Services Council

Sec. 40.021.  FAMILY AND PROTECTIVE SERVICES COUNCIL.  (a) The Family and Protective Services Council is created to assist the commissioner in developing rules and policies for the department.
(b)  The council is composed of nine members of the public appointed by the governor.  In making appointments to the council, the governor shall consider persons who have a demonstrated knowledge of the department and the health and human services system in general, including former department employees, court-appointed special advocates, foster care providers, and employees of child advocacy centers.
Text of subsection effective until April 01, 2025
(c)  The council shall study and make recommendations to the commissioner regarding the management and operation of the department, including policies and rules governing the delivery of services to persons who are served by the department, the rights and duties of persons who are served or regulated by the department, and the consolidation of the provision of administrative support services as provided by Section 531.00553, Government Code.  The council may not develop policies or rules relating to administrative support services provided by the commission for the department.
Text of subsection effective on April 01, 2025
(c)  The council shall study and make recommendations to the commissioner regarding the management and operation of the department, including policies and rules governing the delivery of services to persons who are served by the department, the rights and duties of persons who are served or regulated by the department, and the consolidation of the provision of administrative support services as provided by Subchapter E, Chapter 524, Government Code.  The council may not develop policies or rules relating to administrative support services provided by the commission for the department.
(d)  Chapter 551, Government Code, applies to the council.
(e)  Chapter 2110, Government Code, does not apply to the council.
(f)  A majority of the members of the council constitute a quorum for the transaction of business.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 29, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.92, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.022. Appointments

Sec. 40.022.  APPOINTMENTS.  (a)  Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(b)  Appointments to the council shall be made so that each geographic area of the state is represented on the council. Notwithstanding Subsection (a), appointments to the council must reflect the ethnic diversity of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.023. Training Program for Council Members

Sec. 40.023.  TRAINING PROGRAM FOR COUNCIL MEMBERS.  (a)  A person who is appointed as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.
(b)  The training program must provide information to the member regarding:
(1)  the legislation that created the department and the council;
(2)  the programs operated by the department;
(3)  the role and functions of the department and the council, including detailed information regarding the advisory responsibilities of the council;
(4)  the role of the commission and the responsibilities of the commission in relation to the department;
(5)  the rules of the department, with an emphasis on rules that relate to disciplinary and investigatory authority;
(6)  the current budget for the department;
(7)  the results of the most recent formal audit of the department;
(8)  the requirements of the:
(A)  open meetings law, Chapter 551, Government Code;
(B)  public information law, Chapter 552, Government Code; and
(C)  administrative procedure law, Chapter 2001, Government Code;
(9)  the requirements of the conflict-of-interest laws and other laws relating to public officials; and
(10)  any applicable ethics policies adopted by the commissioner or the Texas Ethics Commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.024. Terms; Vacancy

Sec. 40.024.  TERMS; VACANCY.  (a)  Members of the council serve for staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year.
(b)  A member of the council may not serve more than two consecutive full terms as a council member.
(c)  A vacancy on the council shall be filled in the same manner as the original appointment.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.025. Reimbursement for Expenses

Sec. 40.025.  REIMBURSEMENT FOR EXPENSES.  A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the council as provided by the General Appropriations Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.026. Presiding Officer; Other Officers; Meetings

Sec. 40.026.  PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The governor shall designate a member of the council as the presiding officer to serve in that capacity at the pleasure of the governor.
(b)  The members of the council shall elect any other necessary officers.
(c)  The council shall meet quarterly and at other times at the call of the presiding officer. The council may hold meetings in different areas of the state.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.027. Commissioner

Sec. 40.027.  COMMISSIONER.  (a)  The governor, with the advice and consent of the senate, shall appoint a commissioner.  The commissioner is to be selected according to education, training, experience, and demonstrated ability.
(b)  The commissioner serves a term of two years.
(c)  The commissioner shall:
(1)  act as the department's chief administrative officer;
(2)  oversee the development and implementation of policies and guidelines needed for the administration of the department's functions;
(3)  oversee the development of rules relating to the matters within the department's jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and
(4)  serve as a liaison between the department and commission.
(d)  The commissioner shall administer this chapter and other laws relating to the department.
(e)  Notwithstanding any other law, the commissioner shall adopt rules and policies for the operation of and the provision of services by the department.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 2.04, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.188, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 30, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.030. Advisory Committees

Sec. 40.030.  ADVISORY COMMITTEES.  (a)  The commissioner or the commissioner's designee may appoint advisory committees in accordance with Chapter 2110, Government Code.
(b)  The commissioner shall adopt rules, in compliance with Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by the department.  The rules may include provisions governing:
(1)  an advisory committee's size and quorum requirements;
(2)  qualifications for membership of an advisory committee, including:
(A)  requirements relating to experience and geographic representation; and
(B)  requirements for the department to include as members of advisory committees youth who have aged out of foster care and parents who have successfully completed family service plans and whose children were returned to the parents, as applicable;
(3)  appointment procedures for an advisory committee;
(4)  terms for advisory committee members; and
(5)  compliance with Chapter 551, Government Code.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.78, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 70, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.13, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 31, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.0315. Investigation Unit for Adult Protective Services

Sec. 40.0315.  INVESTIGATION UNIT FOR ADULT PROTECTIVE SERVICES.  (a)  The adult protective services division of the department shall maintain an investigation unit to investigate allegations of abuse, neglect, and exploitation of elderly persons and persons with disabilities reported to the division.
(b)  An investigator in the unit shall determine whether an elderly person or person with a disability who is the subject of a report made under Section 48.051(a) may have suffered from abuse, neglect, or exploitation as a result of the criminal conduct of another person.  If the investigator determines that criminal conduct may have occurred, the investigator shall immediately notify:
(1)  the commission's office of inspector general if the person with a disability who is the subject of the report resides in a state supported living center or the ICF-IID component of the Rio Grande State Center; and
(2)  the appropriate law enforcement agency, unless the law enforcement agency reported the alleged abuse, neglect, or exploitation to the department.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.01, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 24, eff. June 11, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.189, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.032. Personnel

Sec. 40.032.  PERSONNEL.  (a)  The department may employ personnel necessary to administer the department's duties.
(b)  The department shall develop an intradepartmental career ladder program that addresses opportunities for mobility and advancement for employees within the department.  The program shall require the intradepartmental posting of all positions concurrently with any public posting.
(c)  The department shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for department employees must be based on the system established under this subsection.
(d)  The department shall provide to the department's employees, as often as is necessary, information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(e)  The department shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that comply with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department's workforce that meets federal and state laws, rules, and regulations and instructions adopted under those laws, rules, and regulations;
(3)  procedures by which a determination can be made about the extent of underuse in the department's workforce of all persons for whom federal or state laws, rules, and regulations and instructions adopted under those laws, rules, and regulations encourage a more equitable balance; and
(4)  reasonable methods to appropriately address those areas of underuse.
(f)  The policy statement required under Subsection (e) shall:
(1)  be filed with the governor's office;
(2)  cover an annual period;
(3)  be updated at least annually; and
(4)  be reviewed by the Texas Workforce Commission civil rights division for compliance with Subsection (e)(1).
(g)  The governor's office shall develop and deliver a biennial report to the legislature based on the information submitted under Subsection (f).  The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.190, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.0321. Salary Supplementation by County or Municipality

Sec. 40.0321.  SALARY SUPPLEMENTATION BY COUNTY OR MUNICIPALITY.  (a)  A county or municipality may supplement, from its own funds, the salary of a department employee whose duties include providing services as part of, or relating to, the provision of child protective services and adult protective services by the department.
(b)  A department employee who has worked in the same position for the department in a different region is not eligible for a salary supplement under Subsection (a) for a minimum of six months after assuming the position in the new region.
(c)  Section 659.020, Government Code, does not apply to the supplement authorized by this section.
(d)  The department may not require a salary supplement as a condition for creating or maintaining a position in the region.
Added by Acts 2001, 77th Leg., ch. 606, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.191, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.0322. Qualifications for Adult Protective Services Personnel; Recruitment

Sec. 40.0322.  QUALIFICATIONS FOR ADULT PROTECTIVE SERVICES PERSONNEL; RECRUITMENT.  (a)  In hiring department employees whose duties include providing services as part of, or relating to, the provision of adult protective services directly to an elderly person or person with a disability, the commissioner shall ensure that the department hires, as often as possible, persons with professional credentials related to adult protective services, including persons who are licensed master social workers, as defined by Section 505.002, Occupations Code, or licensed professional counselors.
(b)  Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement a recruiting program designed to attract and retain for employment in the adult protective services division persons with professional credentials described by Subsection (a).
(c)  Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement an incentive program to encourage each department employee whose duties include the duties described by Subsection (a) to obtain professional credentials described by that subsection if the employee does not have those credentials.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.02, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.192, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.0323. Coordination Regarding Recruitment for and Curriculum of Certain Certificate or Degree Programs

Sec. 40.0323.  COORDINATION REGARDING RECRUITMENT FOR AND CURRICULUM OF CERTAIN CERTIFICATE OR DEGREE PROGRAMS.  Subject to the availability of funds, the department and the Texas Higher Education Coordinating Board jointly shall develop strategies to:
(1)  promote certificate or degree programs in the fields of social work and psychology to individuals enrolled in or admitted to institutions of higher education in this state; and
(2)  ensure that persons receiving a certificate or degree, including a graduate degree, in social work or psychology from an institution of higher education in this state have the knowledge and skills regarding protective services that are provided directly to elderly persons or persons with disabilities and necessary for successful employment by the adult protective services division of the department.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.02, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.193, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.0325. Study of Caseworker Education Reimbursement

Sec. 40.0325.  STUDY OF CASEWORKER EDUCATION REIMBURSEMENT.  (a)  The department shall study the effect that providing reimbursement for certain educational expenses would have on recruiting and retaining qualified child protective services caseworkers.  The study must include a comparative analysis of the cost of training new caseworkers and the benefits of having an experienced caseworker staff with the cost of providing reimbursement for educational expenses.
(b)  In determining the cost of reimbursing caseworkers for educational expenses, the department shall consider reimbursing caseworkers for tuition, academic fees, and other academic expenses the caseworker paid to an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code, while the caseworker was enrolled in a bachelor's degree or advanced degree program in an academic program that the department determines provides necessary training for child protective services caseworkers.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(113), eff. June 17, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 24, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(113), eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.0326. Recruitment of Caseworkers

Sec. 40.0326.  RECRUITMENT OF CASEWORKERS.  When recruiting child protective services caseworkers, the department shall target its recruitment efforts toward individuals who hold a bachelor's degree or advanced degree in at least one of the following academic areas:
(1)  social work;
(2)  counseling;
(3)  early childhood education;
(4)  psychology;
(5)  criminal justice;
(6)  elementary or secondary education;
(7)  sociology; or
(8)  human services.
Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 24, eff. September 1, 2007.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.033. Merit System

Sec. 40.033.  MERIT SYSTEM.  (a)  Subject to rules adopted by the executive commissioner, the department may establish a merit system for its employees.
(b)  The merit system may be maintained in conjunction with other state agencies that are required by federal law to operate under a merit system.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.194, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.034. Prohibited Activities by Former Officers or Employees

Sec. 40.034.  PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES.  (a)  For one year after the date on which a former officer or employee of the department terminates service or employment with the department, the individual may not, directly or indirectly, attempt or aid in the attempt to procure a contract with the department that relates to a program or service in which the individual was directly concerned or for which the individual had administrative responsibility.
(b)  This section does not apply to:
(1)  a former employee who is compensated on the last date of service or employment below the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including a state employee who is exempt from the state's position classification plan;  or
(2)  a former officer or employee who is employed by another state agency or a community center.
(c)  A former officer or employee of the department commits an offense if the former officer or employee violates this section.  An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.