reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.103. Provision of Vocational Rehabilitation Services

Sec. 352.103.  PROVISION OF VOCATIONAL REHABILITATION SERVICES.  (a)  The commission by rule shall establish and maintain guidelines for providing vocational rehabilitation services that are consistent with state and federal laws and that include:
(1)  a system of organization for the delivery of vocational rehabilitation services statewide;
(2)  eligibility requirements for vocational rehabilitation services;
(3)  requirements for the rehabilitation planning process;
(4)  the types of services that may be provided to a client through a vocational rehabilitation program; and
(5)  requirements for client participation in the costs of vocational rehabilitation services, including documentation that a client has sought benefits for which the client is eligible from sources other than the commission and that may assist the client in obtaining vocational rehabilitation goods or services.
(b)  The commission shall annually assess the effectiveness of the state's vocational rehabilitation program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.104. Training and Supervision of Counselors

Sec. 352.104.  TRAINING AND SUPERVISION OF COUNSELORS.  (a)  The commission shall provide specific guidance to vocational rehabilitation counselors in:
(1)  selecting vocational objectives according to a client's skills, experience, and knowledge;
(2)  documenting a client's impediment to employment;
(3)  selecting rehabilitation services that are reasonable and necessary to achieve a client's vocational objective;
(4)  measuring client progress toward the vocational objective, including the documented, periodic evaluation of the client's rehabilitation and participation; and
(5)  determining eligibility of employed and unemployed applicants for rehabilitation services using criteria defined by commission rule to document whether a client is substantially underemployed or at risk of losing employment.
(b)  The commission by rule shall require monitoring and oversight of vocational rehabilitation counselor performance and decision making in accordance with this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.105. Specialized Training for Certain Employees

Sec. 352.105.  SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES.  (a)  The commission shall establish and require employee participation in a specialized training program for certain employees, including vocational rehabilitation transition specialists and transition counselors, whose duties involve assisting youth with disabilities to transition to post-schooling activities, services for adults, or community living.
Text of subsection effective until April 01, 2025
(b)  The training program must provide employees with information regarding:
(1)  supports and services available from health and human services agencies, as defined by Section 531.001, Government Code, for:
(A)  youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living; and
(B)  adults with disabilities;
(2)  community resources available to improve the quality of life for:
(A)  youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living; and
(B)  adults with disabilities; and
(3)  other available resources that may remove transitional barriers for youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living.
Text of subsection effective on April 01, 2025
(b)  The training program must provide employees with information regarding:
(1)  supports and services available from health and human services agencies, as defined by Section 521.0001, Government Code, for:
(A)  youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living; and
(B)  adults with disabilities;
(2)  community resources available to improve the quality of life for:
(A)  youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living; and
(B)  adults with disabilities; and
(3)  other available resources that may remove transitional barriers for youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living.
Text of subsection effective until April 01, 2025
(c)  In developing the training program required by this section, the commission shall collaborate with health and human services agencies, as defined by Section 531.001, Government Code, as necessary.
Text of subsection effective on April 01, 2025
(c)  In developing the training program required by this section, the commission shall collaborate with health and human services agencies, as defined by Section 521.0001, Government Code, as necessary.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.142, eff. April 1, 2025.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.106. Payment of Shift Differentials

Sec. 352.106.  PAYMENT OF SHIFT DIFFERENTIALS.  The commission by rule may develop and implement policies allowing shift differentials to be paid to employees in the vocational rehabilitation program under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.107. Client Orientation Materials

Sec. 352.107.  CLIENT ORIENTATION MATERIALS.  The commission shall develop and distribute at intake client orientation materials for the vocational rehabilitation program that include information on the commission's decision-making criteria.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.108. Coordination With Texas Education Agency

Sec. 352.108.  COORDINATION WITH TEXAS EDUCATION AGENCY.  (a)  For purposes of this section, "transition services" means services provided to students with disabilities to assist the students in making the transition from secondary school to postsecondary education programs or competitive integrated employment.
(b)  The commission and the Texas Education Agency shall collaborate to develop a mechanism to identify the areas of the state with the greatest needs for transition services for students with disabilities.  The mechanism must account for the commission's limited resources and a school district's needs, including:
(1)  the school district's resources for special education;
(2)  the number of students with disabilities in the school district; and
(3)  other factors that the commission and the Texas Education Agency consider important.
(c)  The commission and the Texas Education Agency shall update the mechanism developed under Subsection (b) on a periodic basis.
(d)  The commission shall develop uniform, statewide policies for transition services that include:
(1)  the goal that a transition counselor initiate contact with a student approximately three years before the student is expected to graduate from high school;
(2)  the minimum level of services to be provided to a student at the time that a transition counselor initiates contact with the student;
(3)  standards, based on the mechanism developed under Subsection (b), for assigning a transition counselor to a school that ensure consistency among regions but that are not too restrictive;
(4)  expectations for transition counselors to develop relationships with school personnel, including the employee designated to serve as the school district's designee on transition and employment services under Section 29.011(b), Education Code; and
(5)  expectations for regional commission staff to work with education service center representatives on a regular basis to identify areas of greatest need and to discuss local strategies for coordination between transition counselors and schools.
(e)  The commission and the Texas Education Agency shall enter into a memorandum of understanding to comply with the policies under this section and to improve coordination between the agencies.  The memorandum of understanding must include:
(1)  strategies to better inform transition clients, clients' families, and school personnel regarding the commission's available services and contact information for commission transition counselors; and
(2)  a process to be used by the commission and the Texas Education Agency to develop and update the mechanism used to identify students who may need services.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.001. Definitions

Sec. 355.001.  DEFINITIONS.  In this chapter:
(1)  "Blind person" means a person having not more than 20/200 visual acuity in the better eye with correcting lenses or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
(2)  "Vending facility" means a facility in which food, drinks, drugs, novelties, souvenirs, tobacco products, notions, or related items are sold regularly.  The term excludes facilities consisting solely of vending machines that do not compete directly or indirectly with a facility that is or could be operated by a person with a disability.
(3)  "State property" means land and buildings owned, leased, or otherwise controlled by the state.
(4)  "Agency" means the state agency in charge of state property.
(5)  "Disability" means a physical or mental condition that the commission determines to constitute a substantial vocational disadvantage.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.002. License or Permit Required

Sec. 355.002.  LICENSE OR PERMIT REQUIRED.  (a)  No person may operate a vending facility or a facility with vending machines or other coin-operated devices on state property unless the person is licensed to do so by the commission or is authorized to do so by an agency granted a permit to arrange for vending facilities.
(b)  Subsection (a) does not apply to a building in which the Texas Facilities Commission leases space to a private tenant under Subchapter E, Chapter 2165, Government Code.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.003. Licensing Procedure

Sec. 355.003.  LICENSING PROCEDURE.  (a)  On its own initiative or at the request of an agency that controls state property, the commission shall survey the property, or blueprints and other available information concerning the property, to determine whether the installation of a vending facility is feasible and consonant with the commission's vocational rehabilitation objectives.
(b)  If the installation of the facility is feasible, the commission shall either license a blind person to operate a facility to be installed by the commission or install a facility to be operated by a person with a disability who is not blind according to rules and procedures adopted by the commission.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.004. Location of Vending Facilities

Sec. 355.004.  LOCATION OF VENDING FACILITIES.  (a)  With the concurrence of the agency in charge of state property, the commission shall designate the location of vending facilities that have been requested by the agency.
(b)  The agency responsible for state property shall alter the property to make it suitable for the proper operation of the vending facilities.  To this end, the agency in charge of constructing new state property shall consult with the commission during the planning stage on the construction.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.005. Issuance of Licenses; Eligibility

Sec. 355.005.  ISSUANCE OF LICENSES; ELIGIBILITY.  (a)  The commission may issue a license to operate its vending facilities on state property to blind citizens of the state who are capable of operating the facilities in a manner that is reasonably satisfactory to all parties concerned.
(b)  Before issuing a license to a person, the commission shall determine whether the person has the physical, psychological, and personal traits and abilities required to operate a vending facility in a satisfactory manner.
(c)  The commission shall maintain a roster of the names of each person who has been certified as suitable for licensing.  If two or more equally qualified persons are listed on the roster and apply for a license to operate an available vending facility, the commission shall issue the license to the person who is most in need of employment.
(d)  The granting of a license does not vest the licensee with property or other rights which may constitute the basis of a cause of action, at law or in equity, against the state or its officers or employees.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.006. Expiration, Renewal, and Revocation of Licenses

Sec. 355.006.  EXPIRATION, RENEWAL, AND REVOCATION OF LICENSES.  (a)  A license or general permit to operate a vending facility on state property is valid for a period of three years from the date it is issued.
(b)  The commission shall review each license or permit prior to its expiration and shall issue a new or different license or permit as the circumstances warrant.
(c)  The commission and the agency may consent mutually to revoke a general permit prior to its expiration if changed circumstances warrant that action.
(d)  A blind person's wilful failure to comply with the commission's rules or the provisions of this chapter constitutes grounds for the automatic revocation of the person's license.
(e)  The commission shall adopt substantive and procedural rules governing the revocation of licenses.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.007. Operation of Vending Facilities by Certain Persons Who Are Not Blind

Sec. 355.007.  OPERATION OF VENDING FACILITIES BY CERTAIN PERSONS WHO ARE NOT BLIND.  If the commission determines that a blind person could not properly operate a vending facility at a particular location, the commission may survey the property to determine whether a person with a disability that is not of a visual nature could operate the facility in a proper manner.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.008. Closing Certain Facilities Prohibited

Sec. 355.008.  CLOSING CERTAIN FACILITIES PROHIBITED.  Neither a vending facility operated by an individual with a disability, nor a vending facility location surveyed by the commission, may be closed as a result of the transfer of state property from one agency to another, the alteration of a state building, or the reorganization of a state agency unless the commission agrees to the closing.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.009. Employment of Assistants

Sec. 355.009.  EMPLOYMENT OF ASSISTANTS.  (a)  If an individual licensed to operate a vending facility on state property requires an assistant, a qualified person with a disability of a visual nature must be given preference for employment.  If the commission determines that a person with a disability of a visual nature could not perform the labor for which an assistant is required, or if a person with a disability of a visual nature is not available, a person with a disability that is not of a visual nature must be given preference for employment.
(b)  An assistant employed by a blind person licensed by the commission must be approved by the commission, and the deliberate refusal of a blind licensee to comply with this section constitutes grounds for the revocation of the person's license.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.010. Competing Vending Machines

Sec. 355.010.  COMPETING VENDING MACHINES.  (a)  If the commission and an agency agree to the installation and operation of an additional vending facility or vending machine on property that already has a commission-sponsored vending facility, no additional permit or license is required.  However, the installation of a competing vending facility consisting of vending machines or other coin-operated devices must be authorized by the commission.  The commission's authorization must be made with a view toward providing the greatest economic benefits for blind persons consonant with supplying the additional services required at the building.
(b)  State agencies shall cooperate and negotiate in good faith to accomplish the purposes of this chapter.
(c)  Individuals with disabilities who operate vending facilities on state property are entitled to receive all commissions from vending machines installed on the same property.  If two or more vending facilities are operated by individuals with disabilities in a building in which vending machines are installed, the commission shall divide the commissions from the vending machines among the operators with disabilities in a manner that will achieve equity and equality in the incomes of those operators.  If the commission has decided not to locate a vending facility in a building, the agency to whom a general permit has been issued shall determine the assignment of the commissions from vending machines installed in the building.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.011. Vending Facility Equipment and Stock

Sec. 355.011.  VENDING FACILITY EQUIPMENT AND STOCK.  (a)  The commission may supply a blind vending facility operator with equipment and initial stock necessary for the operator to begin business.
(b)  The commission shall collect and set aside from the proceeds of the operation of its vending facilities enough money:
(1)  to insure a sufficient amount of initial stock for the facilities and for their proper maintenance;
(2)  to pay the costs of supervision and other expenses incidental to the operation of the facilities; and
(3)  to pay other program costs to the extent necessary to assure fair and equal treatment of the blind persons licensed to operate the facilities and to the extent allowed under federal programs that provide financial support to the commission.
(c)  Except for purchasing and installing original equipment, the operation of commission-sponsored vending facilities must be as self-supporting and self-sustaining as possible.  To achieve this end, the commission shall periodically review and, when necessary, revise its schedules for collecting and setting aside money from the proceeds of its vending facilities.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.012. Duties and Privileges of Parties

Sec. 355.012.  DUTIES AND PRIVILEGES OF PARTIES.  (a)  The commission may promulgate rules and initiate procedures necessary to implement this chapter.
(b)  A blind person licensed to operate a vending facility on state property shall operate the facility in accordance with law and the commission's rules and policies.
(c)  The agency in charge of state property shall cooperate with the commission and its blind licensees to accomplish the purposes of this chapter.  The agency shall also furnish all necessary utility service, including connections and outlets required for the installation of the facility, janitorial and garbage disposal services where feasible, and other related assistance.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.013. Training Programs

Sec. 355.013.  TRAINING PROGRAMS.  The commission may establish training or experimentation locations necessary to train blind persons who desire to be licensed to operate vending facilities and to develop techniques which will allow blind persons to operate the facilities or related types of small businesses more efficiently and productively.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.014. Conformity With Federal Statutes

Sec. 355.014.  CONFORMITY WITH FEDERAL STATUTES.  (a)  This chapter shall be construed in a manner consistent with the requirements of federal programs that provide financial assistance to the commission.
(b)  If a provision of this chapter conflicts with a federal program requirement, the commission may waive or modify the provision to the extent necessary to secure the full benefits of the federal program.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.015. Application of Chapter

Sec. 355.015.  APPLICATION OF CHAPTER.  (a)  This chapter does not apply to:
(1)  property over which the federal government maintains partial or complete control;
(2)  property maintained and operated by state-supported institutions of higher education; provided, however, that the commission may enter into agreements with state institutions of higher education concerning the use of blind labor in vending facilities at the institutions; or
(3)  property purchased by the state or an agency of the state, property to which title is transferred from one state agency to another, or property control of which is transferred from one state agency to another, if:
(A)  at the time of purchase or transfer of title or control, a vending facility is being operated on the property under lease, license, or contract; and
(B)  prior to the time of purchase or transfer of title or control, the provisions of this chapter were rendered inapplicable to such property by this section or other law.
(b)  This chapter does not apply to vending facilities operated by an institution for persons with mental illness or intellectual disabilities that is under the control of the Department of State Health Services, the Department of Aging and Disability Services, or a successor to one of those departments, if the vending facilities are operated without profit for the benefit of the patients at the institution.
(c)  This chapter does not prohibit the commission from selecting blind persons to operate other suitable types of vending facilities or business enterprises, and the chapter does not prohibit the installation of automated vending facilities serviced by blind persons.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 355 - Vending Facilities Operated by Blind Persons › Section 355.016. Business Enterprises Program

Sec. 355.016.  BUSINESS ENTERPRISES PROGRAM.  (a)  The commission is authorized to administer the Business Enterprises Program in accordance with the provisions of the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.).
(b)  The commission is authorized to administer a retirement program for individuals licensed to operate vending facilities in accordance with applicable state and federal laws.
(c)  A trust fund for a retirement program for individuals licensed to operate vending facilities under the Business Enterprises Program is established with the comptroller.  This trust fund will be set up in the state treasury.
(d)  All federal vending machine income shall be credited to this Business Enterprises Program trust fund.  Vending machine income, as defined by 34 C.F.R. Section 395.1(z), means receipts (other than those of a blind vendor) from vending machine operations on federal property, after deducting the cost of goods sold (including reasonable service and maintenance costs) in accordance with customary business practices of commercial vending concerns, where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind vendor) by a commercial vending concern which operates, services, and maintains vending machines on federal property for, or with the approval of, a department, agency, or instrumentality of the United States.
(e)  All expenditures authorized by the Randolph-Sheppard Act from federal vending revenue funds shall be paid from the Business Enterprises Program trust fund.
(f)  The commission may contract with a professional management service to administer the Business Enterprises Program trust fund.  In administering the trust fund, the professional management service may acquire, exchange, sell, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire, exchange, sell, or retain under the circumstances, taking into consideration the investment of all the assets of the trust fund.
(g)  With the approval of the comptroller, the commission may select a commercial bank, depository trust company, or other entity to serve as a custodian of the Business Enterprises Program trust fund's securities, and money realized from those securities, pending completion of an investment transaction.  Money realized from those securities must be:
(1)  reinvested not later than one business day after the date it is received; or
(2)  deposited in the treasury not later than the fifth business day after the date it is received.
Transferred, redesignated and amended from Human Resources Code, Chapter 94 by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter A. Short Title; Application of Sunset Act › Section 401.001. Short Title

Sec. 401.001.  SHORT TITLE.  This subtitle may be cited as the Texas Workers' Compensation Act.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter A. Short Title; Application of Sunset Act › Section 401.003. Activities of the State Auditor

Sec. 401.003.  ACTIVITIES OF THE STATE AUDITOR.  (a)  The division is subject to audit by the state auditor in accordance with Chapter 321, Government Code.  The state auditor may audit:
(1)  the structure and internal controls of the division;
(2)  the level and quality of service provided by the division to employers, injured employees, insurance carriers, self-insured governmental entities, and other participants;
(3)  the implementation of statutory mandates by the division;
(4)  employee turnover;
(5)  information management systems, including public access to nonconfidential information;
(6)  the adoption and implementation of administrative rules by the commissioner; and
(7)  assessment of administrative violations and the penalties for those violations.
(b)  Nothing in this section limits the authority of the state auditor under Chapter 321, Government Code.
Added by Acts 2001, 77th Leg., ch. 1456, Sec. 7.02, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.002, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter B. Definitions › Section 401.012. Definition of Employee

Sec. 401.012.  DEFINITION OF EMPLOYEE.  (a)  In this subtitle, "employee" means each person in the service of another under a contract of hire, whether express or implied, or oral or written.
(b)  The term "employee" includes:
(1)  an employee employed in the usual course and scope of the employer's business who is directed by the employer temporarily to perform services outside the usual course and scope of the employer's business;
(2)  a person, other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer;  and
(3)  a person who is a trainee under the Texans Work program established under Chapter 308.
(c)  The term "employee" does not include:
(1)  a master of or a seaman on a vessel engaged in interstate or foreign commerce;  or
(2)  a person whose employment is not in the usual course and scope of the employer's business.
(d)  A person who is an employee for the purposes of this subtitle and engaged in work that otherwise may be legally performed is an employee despite:
(1)  a license, permit, or certificate violation arising under state law or municipal ordinance;  or
(2)  a violation of a law regulating wages, hours, or work on Sunday.
(e)  This section may not be construed to relieve from fine or imprisonment any individual, firm, or corporation employing or performing work or a service prohibited by a statute of this state or a municipal ordinance.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 456, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter B. Definitions › Section 401.013. Definition of Intoxication

Sec. 401.013.  DEFINITION OF INTOXICATION.  (a)  In this subtitle, "intoxication" means the state of:
(1)  having an alcohol concentration to qualify as intoxicated under Section 49.01(2), Penal Code;  or
(2)  not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of:
(A)  an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;
(B)  a controlled substance or controlled substance analogue, as defined by Section 481.002, Health and Safety Code;
(C)  a dangerous drug, as defined by Section 483.001, Health and Safety Code;
(D)  an abusable glue or aerosol paint, as defined by Section 485.001, Health and Safety Code;  or
(E)  any similar substance, the use of which is regulated under state law.
(b)  The term "intoxication" does not include the loss of normal use of mental or physical faculties resulting from the introduction into the body of a substance:
(1)  taken under and in accordance with a prescription written for the employee by the employee's doctor;  or
(2)  listed under Subsection (a) by inhalation or absorption incidental to the employee's work.
(c)  On the voluntary introduction into the body of any substance listed under Subsection (a)(2)(B), based on a blood test or urinalysis, it is a rebuttable presumption that a person is intoxicated and does not have the normal use of mental or physical faculties.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.48, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1426, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.004, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter B. Definitions › Section 401.014. Franchisors Excluded

Sec. 401.014.  FRANCHISORS EXCLUDED.  (a)  In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1.
(b)  For purposes of this subtitle, a franchisor is not considered to be an employer of:
(1)  a franchisee; or
(2)  a franchisee's employees.
(c)  With respect to a specific claim for relief under this subtitle made by a franchisee or a franchisee's employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Added by Acts 2015, 84th Leg., R.S., Ch. 1156 (S.B. 652), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.021. Application of Other Acts

Sec. 401.021.  APPLICATION OF OTHER ACTS.  Except as otherwise provided by this subtitle:
(1)  a proceeding, hearing, judicial review, or enforcement of a commissioner order, decision, or rule is governed by the following subchapters and sections of Chapter 2001, Government Code:
(A)  Subchapters A, B, D, E, G, and H, excluding Sections 2001.004(3) and 2001.005;
(B)  Sections 2001.051, 2001.052, and 2001.053;
(C)  Sections 2001.056 through 2001.062; and
(D)  Section 2001.141(c);
(2)  a proceeding, hearing, judicial review, or enforcement of a commissioner order, decision, or rule is governed by Subchapters A and B, Chapter 2002, Government Code, excluding Sections 2002.001(3) and 2002.023;
(3)  Chapter 551, Government Code, applies to a proceeding under this subtitle, other than:
(A)  a benefit review conference;
(B)  a contested case hearing;
(C)  a proceeding of the appeals panel;
(D)  arbitration; or
(E)  another proceeding involving a determination on a workers' compensation claim; and
(4)  Chapter 552, Government Code, applies to a workers' compensation record of the division, the department, or the office of injured employee counsel.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.92, 5.95(82), (88), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.005, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.022. Discrimination Prohibited

Sec. 401.022.  DISCRIMINATION PROHIBITED.  (a)  This subtitle may not be applied to discriminate because of race, sex, national origin, or religion.
(b)  This section does not prohibit consideration of an anatomical difference in application of the impairment guidelines under Chapter 408 in rating an injury or a disease such as, but not limited to, breast cancer or an inguinal hernia.  If an impairment rating assigns different values to the same injury for males and females, the higher value shall be applied.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.023. Interest or Discount Rate

Sec. 401.023.  INTEREST OR DISCOUNT RATE.  (a)  Interest or a discount under this subtitle shall be computed at the rate provided by this section.
(b)  The division shall compute and publish the interest and discount rate quarterly, using the treasury constant maturity rate for one-year treasury bills issued by the United States government, as published by the Federal Reserve Board on the 15th day preceding the first day of the calendar quarter for which the rate is to be effective, plus 3.5 percent.  For this purpose, calendar quarters begin January 1, April 1, July 1, and October 1.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 2, eff. Oct. 1, 1999;  Acts 2001, 77th Leg., ch. 1456, Sec. 15.01, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.006, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.024. Transmission of Information

Sec. 401.024.  TRANSMISSION OF INFORMATION.  (a)  In this section, "electronic transmission" means the transmission of information by facsimile, electronic mail, electronic data interchange, or any other similar method.
(b)  Notwithstanding another provision of this subtitle that specifies the form, manner, or procedure for the transmission of specified information, the commissioner by rule may permit or require the use of an electronic transmission instead of the specified form, manner, or procedure.  If the electronic transmission of information is not authorized or permitted by rule, the transmission of that information is governed by any applicable statute or rule that prescribes the form, manner, or procedure for the transmission, including standards adopted by the Department of Information Resources.
(c)  The commissioner may designate and contract with one or more data collection agents to fulfill the data collection requirements of this subtitle.  To qualify as a data collection agent, an organization must demonstrate at least five years of experience in data collection, data maintenance, data quality control, accounting, and related areas.
(d)  The commissioner may prescribe the form, manner, and procedure for transmitting any authorized or required electronic transmission, including requirements related to security, confidentiality, accuracy, and accountability.
(e)  A data collection agent may collect from a reporting insurance carrier, other than a governmental entity, any fees necessary for the agent to recover the necessary and reasonable costs of collecting data from that reporting insurance carrier.
(f)  A reporting insurance carrier, other than a governmental entity, shall pay the fee to the data collection agent for the data collection services provided by the data collection agent.
(g)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 1999, 76th Leg., ch. 954, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.007, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 410 (S.B. 800), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.025. References to Commission and Executive Director

Sec. 401.025.  REFERENCES TO COMMISSION AND EXECUTIVE DIRECTOR.  (a)  A reference in this code or other law to the Texas Workers' Compensation Commission or the executive director of that commission means the division or the commissioner as consistent with the respective duties of the commissioner and the division under this code and other workers' compensation laws of this state.
(b)  A reference in this code or other law to the executive director of the Texas Workers' Compensation Commission means the commissioner.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.008, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.026. Applicability to Certain Emergency Response Personnel

Sec. 401.026.  APPLICABILITY TO CERTAIN EMERGENCY RESPONSE PERSONNEL.  For purposes of this subtitle, the travel of a firefighter, peace officer, or emergency medical personnel en route to an emergency call is considered to be in the course and scope of the firefighter's, peace officer's, or emergency medical personnel's employment.
Added by Acts 2015, 84th Leg., R.S., Ch. 365 (H.B. 2771), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 852 (H.B. 3335), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 401 - General Provisions › Subchapter C. Miscellaneous Provisions › Section 401.027. Applicability to Certain Members of Texas Military Forces

Sec. 401.027.  APPLICABILITY TO CERTAIN MEMBERS OF TEXAS MILITARY FORCES.  (a)  In this section, "state active duty," "state training and other duty," and "Texas military forces" have the meanings assigned by Section 437.001, Government Code.
(b)  For purposes of this subtitle, the travel of a member of the Texas military forces to or from the member's duty location while serving on state active duty and engaged in authorized duty under written orders or while on state training and other duty is considered to be in the course and scope of the member's employment.
Added by Acts 2023, 88th Leg., R.S., Ch. 660 (H.B. 90), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter A. General Administration of System; Workers' Compensation Division › Section 402.001. Administration of System: Texas Department of Insurance; Workers' Compensation Division

Sec. 402.001.  ADMINISTRATION OF SYSTEM:  TEXAS DEPARTMENT OF INSURANCE; WORKERS' COMPENSATION DIVISION.  (a)  Except as provided by Section 402.002, the Texas Department of Insurance is the state agency designated to oversee the workers' compensation system of this state.
(b)  The division of workers' compensation is established as a division within the Texas Department of Insurance to administer and operate the workers' compensation system of this state as provided by this title.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.02, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.003, eff. September 1, 2005.