reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.152. Nature of Voluntary Disclosure

Sec. 1101.152.  NATURE OF VOLUNTARY DISCLOSURE.  (a)  A disclosure is voluntary for purposes of this subchapter only if:
(1)  the disclosure was made:
(A)  promptly after knowledge of the information disclosed is obtained by the person making the disclosure; or
(B)  not later than the 45th day after the acquisition closing date, if the violation was discovered during an audit conducted before the acquisition closing date by a person considering the acquisition of the regulated facility or operation;
(2)  the disclosure was made in writing by certified mail to an agency that has regulatory authority with regard to the violation disclosed;
(3)  an investigation of the violation was not initiated or the violation was not independently detected by an agency with enforcement jurisdiction before the disclosure was made using certified mail;
(4)  the disclosure arises out of a voluntary environmental or health and safety audit;
(5)  the person making the disclosure initiates an appropriate effort to achieve compliance, pursues that effort with due diligence, and corrects the noncompliance within a reasonable time;
(6)  the person making the disclosure cooperates with the appropriate agency in connection with an investigation of the issues identified in the disclosure; and
(7)  the violation did not result in:
(A)  injury or imminent and substantial risk of serious injury to one or more persons at the site; or
(B)  off-site substantial actual harm or imminent and substantial risk of harm to persons, property, or the environment.
(b)  For a disclosure described by Subsection (a)(1)(B), the person making the disclosure must certify in the disclosure that before the acquisition closing date:
(1)  the person was not responsible for the environmental, health, or safety compliance at the regulated facility or operation that is subject to the disclosure;
(2)  the person did not have the largest ownership share of the seller;
(3)  the seller did not have the largest ownership share of the person; and
(4)  the person and the seller did not have a common corporate parent or a common majority interest owner.
(c)  A disclosure is not voluntary for purposes of this subchapter if the disclosure is a report to a regulatory agency required solely by a specific condition of an enforcement order or decree.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.153. Burden of Proof With Respect to Voluntary Disclosure

Sec. 1101.153.  BURDEN OF PROOF WITH RESPECT TO VOLUNTARY DISCLOSURE.  (a)  In a civil or administrative enforcement action brought against a person for a violation for which the person claims to have made a voluntary disclosure, the person claiming the immunity created by this subchapter has the burden of establishing a prima facie case that the disclosure was voluntary.
(b)  After the person claiming the immunity establishes a prima facie case of voluntary disclosure, other than a case in which immunity does not apply under Section 1101.157, the enforcement authority has the burden of rebutting the presumption by a preponderance of the evidence.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.154. Notice Requirement

Sec. 1101.154.  NOTICE REQUIREMENT.  (a)  This section does not apply to an environmental or health and safety audit conducted before the acquisition closing date by a person considering the acquisition of the regulated facility or operation that is the subject of the audit.
(b)  To receive immunity under this subchapter, a facility conducting an environmental or health and safety audit under this chapter must provide notice to an appropriate regulatory agency of the fact that it is planning to begin the audit.
(c)  The notice must specify:
(1)  the facility or portion of the facility to be audited;
(2)  the anticipated time the audit will begin; and
(3)  the general scope of the audit.
(d)  The notice may provide notification of more than one scheduled environmental or health and safety audit at a time.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.155. Notice Requirement for Certain Audits Begun Before Acquisition Closing Date

Sec. 1101.155.  NOTICE REQUIREMENT FOR CERTAIN AUDITS BEGUN BEFORE ACQUISITION CLOSING DATE.  (a)  A person that begins an environmental or health and safety audit before becoming the owner of the regulated facility or operation that is the subject of the audit may continue the audit after the acquisition closing date if, not later than the 45th day after the acquisition closing date, the person provides notice to an appropriate regulatory agency of the fact that the person intends to continue an ongoing audit.
(b)  The notice must specify:
(1)  the facility or portion of the facility being audited;
(2)  the date the audit began; and
(3)  the general scope of the audit.
(c)  The person must certify in the notice that before the acquisition closing date:
(1)  the person was not responsible for the scope of the environmental, health, or safety compliance being audited at the regulated facility or operation;
(2)  the person did not have the largest ownership share of the seller;
(3)  the seller did not have the largest ownership share of the person; and
(4)  the person and the seller did not have a common corporate parent or a common majority interest owner.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.156. Identification of Violation in Compliance History Report

Sec. 1101.156.  IDENTIFICATION OF VIOLATION IN COMPLIANCE HISTORY REPORT.  A violation that has been voluntarily disclosed and to which immunity applies under this subchapter must be identified in a compliance history report as being voluntarily disclosed.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.157. Exception to Immunity: Certain Violations and Offenses; Imposition of Penalty; Mitigating Factors

Sec. 1101.157.  EXCEPTION TO IMMUNITY:  CERTAIN VIOLATIONS AND OFFENSES; IMPOSITION OF PENALTY; MITIGATING FACTORS.  (a)  The immunity established by this subchapter does not apply and an administrative or civil penalty may be imposed under applicable law if:
(1)  the person who made the disclosure intentionally or knowingly committed or was responsible within the meaning of Section 7.02, Penal Code, for the commission of the disclosed violation;
(2)  the person who made the disclosure recklessly committed or was responsible within the meaning of Section 7.02, Penal Code, for the commission of the disclosed violation and the violation resulted in substantial injury to one or more persons at the site or off-site harm to persons, property, or the environment;
(3)  the offense was committed intentionally or knowingly by a member of the person's management or an agent of the person and the person's policies or lack of prevention systems contributed materially to the occurrence of the violation;
(4)  the offense was committed recklessly by a member of the person's management or an agent of the person, the person's policies or lack of prevention systems contributed materially to the occurrence of the violation, and the violation resulted in substantial injury to one or more persons at the site or off-site harm to persons, property, or the environment; or
(5)  the violation has resulted in a substantial economic benefit that gives the violator a clear advantage over its business competitors.
(b)  A penalty that is imposed under Subsection (a) should, to the extent appropriate, be mitigated by factors such as:
(1)  the voluntariness of the disclosure;
(2)  efforts by the disclosing party to conduct environmental or health and safety audits;
(3)  remediation;
(4)  cooperation with government officials investigating the disclosed violation;
(5)  the period of ownership of the regulated facility or operation; or
(6)  other relevant considerations.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.158. Exception to Immunity: Violations That Constitute Pattern of Disregard of Environmental or Health and Safety Laws

Sec. 1101.158.  EXCEPTION TO IMMUNITY:  VIOLATIONS THAT CONSTITUTE PATTERN OF DISREGARD OF ENVIRONMENTAL OR HEALTH AND SAFETY LAWS.  (a)  The immunity established by this subchapter does not apply if a court or administrative law judge finds that the person claiming the immunity has, after May 23, 1995, repeatedly or continuously committed significant violations and not attempted to bring the facility or operation into compliance, so as to constitute a pattern of disregard of environmental or health and safety laws.
(b)  For violations committed by a person to be considered a "pattern" under Subsection (a), the person must have committed a series of violations that were due to separate and distinct events occurring within a three-year period at the same facility or operation.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes).  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the general and permanent human resources law more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1979, 66th Leg., p. 2334, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision of this code, except as otherwise expressly provided by this code.
Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 75, eff. Sept. 1, 1985.
2023 Texas Statutes › Human Resources Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Internal References

Sec. 1.003.  INTERNAL REFERENCES.  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of this code in which the reference appears.
Added by Acts 1989, 71st Leg., ch. 352, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 11 - General Provisions › Section 11.001. Definitions

Sec. 11.001.  DEFINITIONS.  In this title:
(1)   "Assistance" means all forms of assistance and services for needy persons authorized by Subtitle C.
(2)  "Commission" means the Health and Human Services Commission.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Financial assistance" means money payments for needy persons authorized by Chapter 31.
(5)  "Medical assistance" means assistance for needy persons authorized by Chapter 32.
Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 264, Sec. 5, eff. Aug. 26, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 8.012, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 920, Sec. 6, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 980, Sec. 50, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1505, Sec. 2.01, eff. Sept. 1, 2005.
Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 11 - General Provisions › Section 11.002. Purpose of Title; Construction

Sec. 11.002.  PURPOSE OF TITLE;  CONSTRUCTION.  (a)  The purpose of this title is to establish a program of social security to provide necessary and prompt assistance to the citizens of this state who are entitled to avail themselves of its provisions.
(b)  This title shall be liberally construed in order that its purposes may be accomplished as equitably, economically, and expeditiously as possible.
Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 11 - General Provisions › Section 11.003. Responsibility of Counties and Municipalities Not Affected

Sec. 11.003.  RESPONSIBILITY OF COUNTIES AND MUNICIPALITIES NOT AFFECTED.  No provision of this title is intended to release the counties and municipalities in this state from the specific responsibilities they have with regard to the support of public welfare, child welfare, and relief services.  Funds which the counties and municipalities may appropriate for the support of those programs may be administered through the local or regional offices of the commission or Department of Aging and Disability Services, and if administered in that manner must be devoted exclusively to the programs in the county or municipality making the appropriation.
Acts 1979, 66th Leg., p. 2335, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 11 - General Provisions › Section 11.004. Powers and Functions Not Affected

Text of section effective on April 01, 2025
Sec. 11.004.  POWERS AND FUNCTIONS NOT AFFECTED.  The provisions of this title are not intended to interfere with the powers and functions of the commission, the health and human services agencies, as defined by Section 521.0001, Government Code, or county juvenile boards.
Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 19, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.72, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 11 - General Provisions › Section 11.004. Powers and Functions Not Affected

Text of section effective until April 01, 2025
Sec. 11.004.  POWERS AND FUNCTIONS NOT AFFECTED.  The provisions of this title are not intended to interfere with the powers and functions of the commission, the health and human services agencies, as defined by Section 531.001, Government Code, or county juvenile boards.
Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 19, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.002, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.72, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 12 - Penal Provisions › Section 12.001. Prohibited Activities

Sec. 12.001.  PROHIBITED ACTIVITIES.  (a)  A person who is not licensed to practice law in Texas commits an offense if the person charges a fee for representing or aiding an applicant or recipient in procuring assistance from the state agency administering the assistance.
(b)  A person commits an offense if the person advertises, holds himself or herself out for, or solicits the procurement of assistance from the state agency administering the assistance.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.003, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 12 - Penal Provisions › Section 12.002. Unlawful Use of Funds

Sec. 12.002.  UNLAWFUL USE OF FUNDS.  (a)  A person charged with the duty or responsibility of administering, disbursing, auditing, or otherwise handling the grants, funds, or money provided for in this title commits an offense if the person misappropriates the grants, funds, or money or by deception or fraud wrongfully distributes the grants, funds, or money to any person.
(b)  An offense under this section is a felony punishable by confinement in the Texas Department of Criminal Justice for a term of not less than two or more than seven years.
Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.113, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.003, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle A - General Provisions › Chapter 12 - Penal Provisions › Section 12.003. Disclosure of Information Prohibited

Sec. 12.003.  DISCLOSURE OF INFORMATION PROHIBITED.  (a)  Except for purposes directly connected with the administration of the assistance programs of the commission or Department of Aging and Disability Services, as applicable, it is an offense for a person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of the names of, or any information concerning, persons applying for or receiving assistance if the information is directly or indirectly derived from the records, papers, files, or communications of the commission or department or acquired by employees of the commission or department in the performance of their official duties.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.003, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 21 - Administrative Provisions Relating to Agencies Administering Assistance Programs › Section 21.011. Annual Report on Department of Aging and Disability Services

Sec. 21.011.  ANNUAL REPORT ON DEPARTMENT OF AGING AND DISABILITY SERVICES.   On or before December 31 of each year the Department of Aging and Disability Services shall prepare and submit to the commission a full report on the operation and administration of the department under this title together with the department's recommendations for changes.   The commission shall submit the report to the governor and the legislature.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 18, Sec. 1, eff. April 3, 1985;  Acts 1987, 70th Leg., ch. 1052, Sec. 1.05, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1169, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(101), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.007, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 21 - Administrative Provisions Relating to Agencies Administering Assistance Programs › Section 21.012. Confidentiality of Information

Sec. 21.012.  CONFIDENTIALITY OF INFORMATION.  (a)  The executive commissioner shall establish reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the commission and the Department of Aging and Disability Services under this title.  The commission and the department shall:
(1)  enforce the agency's rules; and
(2)  provide safeguards which restrict the use or disclosure of information concerning applicants for or recipients of the commission's and the department's assistance programs to purposes directly connected with the administration of the programs.
(b)  If under a provision of law lists of the names and addresses of recipients of the commission's or the department's assistance programs are furnished to or held by a governmental agency other than the commission or the department, that agency or the person with responsibility for adopting rules for that agency shall adopt rules necessary to prevent the publication of the lists or the use of the lists for purposes not directly connected with the administration of the assistance programs.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.007, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 21 - Administrative Provisions Relating to Agencies Administering Assistance Programs › Section 21.013. Oaths and Acknowledgments

Sec. 21.013.  OATHS AND ACKNOWLEDGMENTS.  A local representative of the commission or the Department of Aging and Disability Services who is responsible for investigating and determining the eligibility of an applicant for assistance authorized in this title may administer oaths and take acknowledgments concerning all matters relating to the administration of this title.  The representative shall sign the oaths or acknowledgments and indicate the representative's position and title but need not seal the instruments.  The representative has the same authority as a notary public coextensive with the limits of the state for the purpose of administering the provisions of this title.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.007, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.0001. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective until April 01, 2025
Sec. 22.0001.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.   To the extent a power or duty given to the commissioner of aging and disability services by this title or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.009, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.73, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.0001. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective on April 01, 2025
Sec. 22.0001.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner of aging and disability services by this title or another law conflicts with any of the following provisions of the Government Code, the Government Code provision controls:
(1)  Subchapter A, Chapter 524, Government Code;
(2)  Section 524.0101;
(3)  Sections 524.0151(a)(2) and (b), Government Code;
(4)  Section 524.0202, Government Code; and
(5)  Section 525.0254, Government Code.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.009, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.73, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.001. General Powers and Duties of Commission

Sec. 22.001.  GENERAL POWERS AND DUTIES OF COMMISSION.  (a)  The executive commissioner is responsible for supervising the administration of the welfare functions authorized in this title.
(b)  The commission shall administer medical assistance to needy persons and financial and medical assistance to families with dependent children.
(b-1)  The executive commissioner shall supervise general relief services.
(c)  The commission shall assist other governmental agencies in performing services in conformity with the purposes of this title when so requested and shall cooperate with the agencies when expedient.
(d)  The commission shall conduct research and compile statistics on public welfare programs in the state.  The research must include all phases of dependency and delinquency and related problems.  The commission shall cooperate with other public and private agencies in developing plans for the prevention and treatment of conditions giving rise to public welfare problems.
Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 1.07, 1.08, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 747, Sec. 61(3), eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 8.013, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 162, Sec. 1, eff. May 27, 2003;  Acts 2003, 78th Leg., ch. 198, Sec. 2.129, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 13.06, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 4.04, eff. June 14, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(54), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 32(f), eff. September 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 3, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.010, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.0011. Definitions

Sec. 22.0011.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of Aging and Disability Services.
(2)  "Long-term care services" means the provision of personal care and assistance related to health and social services given episodically or over a sustained period to assist individuals of all ages and their families to achieve the highest level of functioning possible, regardless of the setting in which the assistance is given.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.011, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.0015. Evaluation and Improvement of Programs

Sec. 22.0015.  EVALUATION AND IMPROVEMENT OF PROGRAMS.  The commission and the department shall conduct research, analysis, and reporting of the programs administered by each agency under this title to evaluate and improve the programs.  The commission and the department may contract with one or more independent entities to assist the commission or the department, as applicable, with the research, analysis, and reporting required by this section.
Added by Acts 1997, 75th Leg., ch. 323, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.011, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.003. Research and Demonstration Projects

Sec. 22.003.  RESEARCH AND DEMONSTRATION PROJECTS.  (a)  The commission and the department may conduct research and demonstration projects that in the judgment of the executive commissioner will assist in promoting the purposes of the commission's and the department's assistance programs.  The commission and the department may conduct the projects independently or in cooperation with a public or private agency.
(b)  The executive commissioner may authorize the use of state or federal funds available for commission or department assistance programs or for research and demonstration projects to support the projects.  The projects must be consistent with the state and federal laws making the funds available.
Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.012, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.0031. Projects for High-Risk Pregnant Women and High-Risk Children

Sec. 22.0031.  PROJECTS FOR HIGH-RISK PREGNANT WOMEN AND HIGH-RISK CHILDREN.  (a)  The commission shall establish programs of case management for high-risk pregnant women and high-risk children to age one as provided under Section 1915(g) of the federal Social Security Act (42 U.S.C. Section 1396n).
(b)  Case management programs may be developed using contracts with public health entities, hospitals, community health clinics, physicians, or other appropriate entities which have the capacity to carry out the full scope of case management activities.  The case manager shall assess the needs of the pregnant woman and the child and serve as a broker to assure that all needs as defined in this subsection are met to the greatest extent possible given existing services available in the project area.  These activities shall include:
(1)  assuring that the pregnant woman seeks and receives early and appropriate prenatal care that conforms to prescribed medical regimes;
(2)  assisting the pregnant woman and child in gaining access to appropriate social, educational, nutritional, and other ancillary services as needed in accordance with federal Medicaid law;  and
(3)  assuring appropriate coordination within the medical community.
(c)  The provisions of Subsection (b) of this section shall not be construed to allow a case manager to interfere with the physician-patient relationship and shall not be construed as conferring any authority to practice medicine.
(d)  The commission shall use existing funds of the commission or any other lawful source to fund and support the projects for high-risk pregnant women and high-risk children.
Added by Acts 1989, 71st Leg., ch. 1215, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.013, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.0033. Prohibited Activities by Former Officers or Employees

Sec. 22.0033.  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 1991, 72nd Leg., ch. 76, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.004. Provision of Legal Services

Sec. 22.004.  PROVISION OF LEGAL SERVICES.  (a)  On request, the commission may provide legal services to an applicant for or recipient of assistance at a hearing before the commission.
(b)  The services must be provided by an attorney licensed to practice law in Texas or by a law student acting under the supervision of a law teacher or a legal services organization, and the attorney or law student must be approved by the commission.
(c)  The executive commissioner shall adopt a reasonable fee schedule for the legal services.  The fees may not exceed those customarily charged by an attorney for similar services for a private client.  The fees may be paid only from funds appropriated to the commission for the purpose of providing these legal services.
Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.014, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.005. Custodian of Assistance Funds

Sec. 22.005.  CUSTODIAN OF ASSISTANCE FUNDS.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(b), eff. April 2, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(21), eff. April 2, 2015.
(f)  The comptroller is the designated custodian of all funds administered by the commission and the department and received by the state from the federal government or any other source for the purpose of implementing the provisions of the Social Security Act.  The comptroller may receive the funds, pay them into the proper fund or account of the general fund of the state treasury, provide for the proper custody of the funds, and make disbursements of the funds on the order of the commission or the department and on warrant of the comptroller.
Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.   Amended by Acts 1985, 69th Leg., ch. 264, Sec. 10, eff. Aug. 26, 1985;  Acts 1987, 70th Leg., ch. 1052, Sec. 1.09, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 599, Sec. 14, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 8.137, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 9.01, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 14, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 16, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.015, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.016, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(21), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(b), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.007. Public Information Contract Requirement

Sec. 22.007.  PUBLIC INFORMATION CONTRACT REQUIREMENT.  (a)  Each contract between the commission or the department and a provider of services under this title must contain a provision that authorizes the commission or the department to display at the service provider's place of business public awareness information on services provided by the commission or the department.
(b)  Notwithstanding Subsection (a), the commission or department may not require a physician to display in the physician's private offices public awareness information on services provided by the commission or department.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.017, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.008. Enforcement and Alteration of Service Delivery Standards

Sec. 22.008.  ENFORCEMENT AND ALTERATION OF SERVICE DELIVERY STANDARDS.  (a)  The executive commissioner shall adopt rules for the department's community care program that relate to the service delivery standards required of persons who contract with the department to carry out its community care program.  The department shall apply the rules consistently across the state.
(b)  At the same time the department sends written notice to a regional department office of a change or interpretation of a service delivery standard relating to the community care program, the department shall send a copy of the notice to each community care program contractor affected by the change or interpretation.
(c)  Each decision on whether to enter into a contract in the community care program that results from a department request for bids or proposals must be made by one or more persons employed at the department's state headquarters.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.018, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.009. Advisory Committees

Sec. 22.009.  ADVISORY COMMITTEES.  (a)  The executive commissioner shall appoint advisory committees to assist the executive commissioner, commission, and department in performing their duties.
(b)  The executive commissioner shall appoint each advisory committee to provide for a balanced representation of the general public, providers, consumers, and other persons, state agencies, or groups with knowledge of and interest in the committee's field of work.
(c)  The executive commissioner shall specify each advisory committee's purpose, powers, and duties and shall require each committee to report to the executive commissioner in a manner specified by the executive commissioner concerning the committee's activities and the results of its work.
(d)  The executive commissioner shall establish procedures for receiving reports concerning activities and accomplishments of advisory committees established to advise the executive commissioner, commission, or department.  The executive commissioner may appoint additional members to those committees and establish additional duties of those committees as the executive commissioner determines to be necessary.
(e)  The executive commissioner shall adopt rules to implement this section.  Those rules must provide that during the development of rules relating to an area in which an advisory committee exists the committee must be allowed to assist in the development of and to comment on the rules before the rules are finally adopted.
(f)  A member of an advisory committee receives no compensation but is entitled to reimbursement for transportation expenses and the per diem allowance for state employees in accordance with the General Appropriations Act.
(g)  Subsections (c) through (f) apply to each advisory committee created under this section.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.019, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.011. Memorandum of Understanding on Services to Persons With Disabilities

Sec. 22.011.  MEMORANDUM OF UNDERSTANDING ON SERVICES TO PERSONS WITH DISABILITIES.  (a)  The commission, the department, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and the Texas Education Agency shall enter into a joint memorandum of understanding to facilitate the coordination of services to persons with disabilities.  The memorandum shall:
(1)  clarify the financial and service responsibilities of each agency in relation to persons with disabilities; and
(2)  address how the agency will share data relating to services delivered to persons with disabilities by each agency.
(b)  These agencies in the formulation of this memorandum of understanding shall consult with and solicit input from advocacy and consumer groups.
(c)  Not later than the last month of each state fiscal year, the agencies shall review and update the memorandum.
(d)  The executive commissioner and the commissioner of education by rule shall adopt the memorandum of understanding and all revisions to the memorandum.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 7, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 835, Sec. 19, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 6.52, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.013. Memorandum of Understanding on Public Awareness Information

Sec. 22.013.  MEMORANDUM OF UNDERSTANDING ON PUBLIC AWARENESS INFORMATION.  (a)  The commission, the department, the Department of State Health Services, and the Department of Assistive and Rehabilitative Services shall enter into a joint memorandum of understanding that authorizes and requires the exchange and distribution among the agencies of public awareness information relating to services provided by or through the agencies.
(b)  Not later than the last month of each state fiscal year, the agencies shall review and update the memorandum.
(c)  The executive commissioner by rule shall adopt the memorandum of understanding and all revisions to the memorandum.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.016. Special Purchasing Procedures

Sec. 22.016.  SPECIAL PURCHASING PROCEDURES.  The department shall coordinate with the commission in complying with any special purchasing procedures requiring competitive review under Subtitle D, Title 10,  Government Code, for purchasing under this title.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.020, eff. April 2, 2015.