reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.0074. Provisional Certificate

Sec. 81.0074.  PROVISIONAL CERTIFICATE.  (a)  The department may issue a provisional certificate to an applicant currently certified in another jurisdiction who seeks a certificate in this state and who:
(1)  has been certified in good standing as an interpreter for at least two years in another jurisdiction, including a foreign country, that has certification requirements substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the department relating to the practice of interpretation for people who are deaf or hard of hearing; and
(3)  is sponsored by a person certified by the department under this chapter with whom the provisional certificate holder will practice during the time the person holds a provisional certificate.
(b)  The department may waive the requirement of Subsection (a)(3) for an applicant if the department determines that compliance with that subdivision would be a hardship to the applicant.
(c)  A provisional certificate is valid until the date the department approves or denies the provisional certificate holder's application for a certificate.  The department shall issue a certificate under this chapter to the provisional certificate holder if:
(1)  the provisional certificate holder is eligible to be certified under Section 81.007(f); or
(2)  the provisional certificate holder passes the part of the examination under this chapter that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of interpretation for people who are deaf or hard of hearing in this state, and:
(A)  the department verifies that the provisional certificate holder meets the academic and experience requirements for a certificate under this chapter; and
(B)  the provisional certificate holder satisfies any other certification requirements under this chapter.
(d)  The department must approve or deny a provisional certificate holder's application for a certificate not later than the 180th day after the date the provisional certificate is issued.  The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.
(e)  The executive commissioner by rule may establish a fee for provisional certificates in an amount reasonable and necessary to cover the cost of issuing the certificate.
Added by Acts 1999, 76th Leg., ch. 122, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.327, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.013. Private Outdoor Training Programs for Children Who Are Deaf or Hard of Hearing

Sec. 81.013.  PRIVATE OUTDOOR TRAINING PROGRAMS FOR CHILDREN WHO ARE DEAF OR HARD OF HEARING.  (a)  The department may contract with private entities to provide for the participation of children who are deaf or hard of hearing at outdoor recreational programs operated for the purpose of providing skill training and recreational experiences for children who are deaf or hard of hearing.  Outdoor training programs under this section may also provide for participation by the parents of children who are deaf or hard of hearing.
(b)  In selecting children to attend programs under this section, the department shall select qualified children from across the state that will benefit from the program.
(c)  The department may request criminal history record information on any person who applies for a staff position in an outdoor training program from the Department of Public Safety in accordance with Section 411.1131, Government Code.
Added by Acts 1981, 67th Leg., p. 288, ch. 113, Sec. 1, eff. May 13, 1981.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 9, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 118, Sec. 5, eff. May 23, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.328, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.015. Advertisement

Sec. 81.015.  ADVERTISEMENT. (a) The executive commissioner may not adopt rules restricting competitive bidding or advertising by a person regulated by the department under this chapter except to prohibit false, misleading, or deceptive practices by the person.
(b)  The executive commissioner may not include in department rules to prohibit false, misleading, or deceptive practices by a person regulated by the department under this chapter a rule that:
(1)  restricts the person's use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person; or
(4)  restricts the person's advertisement under a trade name.
(c)  The department may advertise to promote awareness and use of the programs, services, and activities conducted by the department under this chapter.  The department may not use money derived from state tax revenue to pay for advertisements under this subsection.
Added by Acts 1985, 69th Leg., ch. 619, Sec. 16, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 118, Sec. 7, eff. May 23, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.329, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.016. Contracts for Services

Sec. 81.016.  CONTRACTS FOR SERVICES.  (a)  Before the department contracts with or provides grant funding to an agency, organization, or individual to provide direct services to persons who are deaf or hard of hearing, the department shall make reasonable efforts to notify all potential service providers of the availability and purpose of the contract or grant.
(b)  The notice shall include a request that all interested service providers submit within a specified period a contract or grant proposal for the department's consideration.  The notice must also clearly state the criteria that the department will consider in determining which applicant will be awarded the contract or grant.
(c)  The department shall review all proposals submitted under this section and shall award the contract or grant to the applicant that the department determines is best able to provide the needed services.  The department may not award contracts or grants to a former employee of the department's Office for Deaf and Hard of Hearing Services within two years after the person's employment with that office ceased.
(d)  To ensure an equitable distribution of contract or grant funds, the department shall develop a formula, based on population and region, to allocate those funds among the agencies, organizations, or individuals that are awarded the contracts or grants.
(e)  The executive commissioner shall adopt rules to implement this section.
Added by Acts 1985, 69th Leg., ch. 619, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 343, Sec. 8, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 835, Sec. 10, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 118, Sec. 8, eff. May 23, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.330, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.017. Memorandum of Understanding

Sec. 81.017.  MEMORANDUM OF UNDERSTANDING.
(a)  The department and each of the following agencies shall adopt a memorandum of understanding to coordinate the delivery of services to persons who are deaf or hard of hearing and to reduce duplication of services:
(1)  the Department of Aging and Disability Services;
(2)  the Department of State Health Services;
(3)  the Texas Workforce Commission;
(4)  the Health and Human Services Commission;
(5)  the Texas Higher Education Coordinating Board;
(6)  the Texas Education Agency;
(7)   the Texas School for the Deaf;
(8)  the Texas Department of Criminal Justice; and
(9)  any other state agency that provides or is required by law to provide services to persons who are deaf or hard of hearing.
(b)  If gaps in the delivery of services are identified while developing a memorandum, the involved agencies shall formulate in the memorandum methods to reduce or eliminate those gaps.
(c)  Not later than the last month of each state fiscal year, the department and the other agencies shall review their respective memorandums.
Added by Acts 1987, 70th Leg., ch. 343, Sec. 9, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 11, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 6.63, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 122, Sec. 13, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 118, Sec. 9, eff. May 23, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.117, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.331, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.019. Symbols or Other Forms of Identification for Persons With Hearing Impairments

Sec. 81.019.  SYMBOLS OR OTHER FORMS OF IDENTIFICATION FOR PERSONS WITH HEARING IMPAIRMENTS.  (a)  The department shall design and provide for the issuance of a symbol or other form of identification that may be attached to a motor vehicle regularly operated by a person who is deaf or hard of hearing.
(b)  A person who is deaf or hard of hearing may apply to the department for the symbol or other form of identification. The department may require acceptable medical proof that a person is deaf or hard of hearing and may collect a fee for each symbol or other form of identification to defray the costs of administering this section.  The executive commissioner shall establish the fee.
(c)  The department may contract with a state or local agency for the distribution of the symbol or other form of identification.
Added by Acts 1987, 70th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.017 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(27), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 12, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 122, Sec. 14, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 118, Sec. 10, eff. May 23, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.332, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.020. Assistance Regarding Telecommunications Devices

Sec. 81.020.  ASSISTANCE REGARDING TELECOMMUNICATIONS DEVICES.  The department may not advertise, distribute, or publish the name or address or other related information received by the department about an individual who applies for assistance regarding telecommunications devices.
Added by Acts 1999, 76th Leg., ch. 122, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.333, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 81 - Functions of Department of Assistive and Rehabilitative Services Relating to Persons Who Are Deaf or Hard of Hearing › Section 81.021. Specialized License Plate Program

Sec. 81.021.  SPECIALIZED LICENSE PLATE PROGRAM.  The department shall develop and the executive commissioner shall adopt rules and guidelines for the use of funds collected from the sale of specialized license plates under Section 504.619, Transportation Code, that are deposited in accordance with Section 504.6012, Transportation Code, and appropriated to the department for direct services programs, training, and education.
Added by Acts 2003, 77th Leg., ch. 118, Sec. 11, eff. May 23, 2003;  Acts 2003, 78th Leg., ch. 118, Sec. 12, eff. May 23, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.334, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 82 - Confidentiality of Interpreted, Transliterated, or Relayed Conversations › Section 82.001. Definitions

Sec. 82.001.  DEFINITIONS.  In this chapter:
(1)  "Qualified interpreter" means a person employed as an interpreter who holds a current certification issued by the Board for Evaluation of Interpreters, or another current certificate that the Department of Assistive and Rehabilitative Services determines is comparable or appropriate and approves.
(2)  "Relay agent" means a person employed to relay conversations for a person who is hearing impaired or speech impaired over a dual-party telephone system.
Added by Acts 1991, 72nd Leg., ch. 333, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 21, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.335, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 82 - Confidentiality of Interpreted, Transliterated, or Relayed Conversations › Section 82.002. Confidentiality of Conversations

Sec. 82.002.  CONFIDENTIALITY OF CONVERSATIONS.  A qualified interpreter or relay agent who is employed to interpret, transliterate, or relay a conversation between a person who can hear and a person who is hearing impaired or speech impaired is a conduit for the conversation and may not disclose or be compelled to disclose, through reporting or testimony or by subpoena, the contents of the conversation.
Added by Acts 1991, 72nd Leg., ch. 333, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Human Resources Code › Title 4 - Services for Persons Who Are Deaf or Hard of Hearing › Chapter 82 - Confidentiality of Interpreted, Transliterated, or Relayed Conversations › Section 82.003. Criminal Penalty

Sec. 82.003.  CRIMINAL PENALTY.  (a)  A qualified interpreter or relay agent who is employed to interpret, transliterate, or relay a conversation between a person who can hear and a person who is hearing impaired or speech impaired commits an offense if the qualified interpreter or relay agent discloses the contents of the conversation, unless the qualified interpreter or relay agent obtains the consent of each party to the conversation.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 333, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter A. General Provisions › Section 91.002. Definitions

Sec. 91.002.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(79), eff. April 2, 2015.
(2)  "Blind" 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.
(3)  "Child with visual impairments" means a child who is blind or visually impaired or who has a visual condition that requires treatment, psychological assistance counseling, or other assistance that the department can provide.
(3-a)  "Commissioner" means the commissioner of assistive and rehabilitative services.
(3-b)  "Department" means the Department of Assistive and Rehabilitative Services.
(3-c)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Visual disability" includes blindness, an eye condition for which there is a medical prognosis indicating that the condition is of a progressive nature and may deteriorate either to blindness or to a substantial loss of vision, and physical or psychological disabilities that accompany or complement a disorder or imperfection of the eye.
(5)  "Visually impaired" means a visual acuity of not more than 20/70 in the better eye with correcting lenses, or visual acuity greater than 20/70 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 30 degrees.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 2, eff. Sept. 1, 1985;  Acts 1999, 76th Leg., ch. 213, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.338, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(79), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter B. Administrative Provisions › Section 91.012. Authority of Commissioner

Sec. 91.012.  AUTHORITY OF COMMISSIONER.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(81), eff. April 2, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(81), eff. April 2, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(81), eff. April 2, 2015.
(d)  The commissioner may:
(1)  delegate to an employee a power of the commissioner under this chapter or Subchapter E, Chapter 117, except the power to appoint personnel;
(2)  accept and use gifts and grants to the department to carry out the purposes of this title or Subchapter E, Chapter 117, if the commissioner determines that the conditions of the gift or grant are consistent with this title or Subchapter E, Chapter 117; and
(3)  take other actions that the commissioner considers necessary or appropriate to carry out the department's purposes under this chapter or Subchapter E, Chapter 117.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 4, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 8.144, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 693, Sec. 7, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 213, Sec. 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1460, Sec. 2.10, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.339, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.340, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(81), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter B. Administrative Provisions › Section 91.014. Funds

Sec. 91.014.  FUNDS.  (a)  All sums of money paid to the department under this title or Subchapter E, Chapter 117, shall be deposited in the state treasury.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(83), eff. April 2, 2015.
Added by Acts 1983, 68th Leg., p. 3821, ch. 594, Sec. 1, eff. June 19, 1983.  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 6, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.341, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(83), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter B. Administrative Provisions › Section 91.016. Compensation of Certain Employees

Sec. 91.016.  COMPENSATION OF CERTAIN EMPLOYEES.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(85), eff. April 2, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(85), eff. April 2, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(85), eff. April 2, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(85), eff. April 2, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1138 , Sec. 30(2), eff. September 1, 2015.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 8, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 213, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.342, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.343, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(85), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 30(2), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter B. Administrative Provisions › Section 91.018. Complaints

Sec. 91.018.  COMPLAINTS.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(87), eff. April 2, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(87), eff. April 2, 2015.
(c)  Except as required by federal regulations for resolving complaints received from people who are receiving service from the department, under this chapter or Subchapter E, Chapter 117, the department shall maintain a file in the manner prescribed by Section 117.072(a) on each written complaint filed with the department.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(87), eff. April 2, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(87), eff. April 2, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(87), eff. April 2, 2015.
(g)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(87), eff. April 2, 2015.
Added by Acts 1985, 69th Leg., ch. 793, Sec. 10, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 213, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.344, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.345, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(87), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.0205. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective until April 01, 2025
Sec. 91.0205.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.   To the extent a power or duty given to the commissioner  by this chapter, or another law relating to services for the blind or persons with visual disabilities, conflicts with Section 531.0055, Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.347, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.101, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.0205. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective on April 01, 2025
Sec. 91.0205.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner  by this chapter, or another law relating to services for the blind or persons with visual disabilities, conflicts with any of the following provisions of the Government Code, the Government Code provision controls:
(1)  Subchapter A, Chapter 524;
(2)  Section 524.0101;
(3)  Sections 524.0151(a)(2) and (b);
(4)  Section 524.0202; and
(5)  Section 525.0254.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.347, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.101, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.0211. Service Delivery by Texas Workforce Commission

Sec. 91.0211.  SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION.  The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 91.021(a) and subject to receipt of any required federal approval to administer those services and programs.  A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 6, eff. September 1, 2016.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.023. Assistance With Rehabilitation Services

Sec. 91.023.  ASSISTANCE WITH REHABILITATION SERVICES.  The department may furnish materials, tools, books, and other necessary apparatus and assistance for use in rehabilitating the blind and persons with visual disabilities.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.350, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.027. Blindness Education, Screening, and Treatment Program

Sec. 91.027.  BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM.  (a)  To the extent that funds are available under Sections 521.008 and 522.0295, Transportation Code, the department shall operate a Blindness Education, Screening, and Treatment Program to provide:
(1)  blindness prevention education and screening and treatment to prevent blindness for residents who are not covered under an adequate health benefit plan; and
(2)  transition services to individuals with visual disabilities eligible for vocational rehabilitation services.
(b)  The program shall include:
(1)  public education about blindness and other eye conditions;
(2)  screenings and eye examinations to identify conditions that may cause blindness;
(3)  treatment procedures necessary to prevent blindness;  and
(4)  transition services.
(c)  The executive commissioner by rule shall prescribe eligibility requirements for the program.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 510, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.115(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1140, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(11), eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.351, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 614 (H.B. 3798), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.028. Services for Children With Visual Impairments

Sec. 91.028.  SERVICES FOR CHILDREN WITH VISUAL IMPAIRMENTS.  (a)  The department may provide services to children with visual impairments to supplement the services provided by other state agencies if the department determines that the provision of the services is appropriate and that the services will assist the children in achieving financial self-sufficiency and a fuller and richer life.  It is the intention of the legislature that all state agencies concerned with children with visual impairments cooperate fully to achieve this purpose.
(b)  The executive commissioner shall establish, by rule, the income level at which the Medicaid eligibility of a client applying for services under Subsection (a) shall be verified.
(c)  The department shall verify the Medicaid eligibility of a client applying for services under Subsection (a) whose income level is equal to or less than the income level established by the executive commissioner under Subsection (b).
(d)  The department shall verify the Medicaid eligibility of a client who is required by the department to apply for Medicaid not later than the 90th day after the date the application for services from the department under Subsection (a) is made.
(e)  In verifying Medicaid eligibility, an employee of the department shall:
(1)  examine appropriate state or private Medicaid eligibility databases; and
(2)  record on each client's case records whether Medicaid eligibility was verified, the source of the verification, and the date of the verification.
(f)  Except as provided by Subsection (g), a person may not solicit, disclose, receive, use, or knowingly permit the use of records or other information concerning an applicant for or recipient of children's program services that is directly or indirectly acquired by an officer or employee of the state or its political subdivisions in the course of the officer's or employee's official duties.
(g)  A person may use the information provided under Subsection (f) in accordance with department rules only for purposes directly connected with the administration of the children's program and for the investigation of a complaint filed against an agency, employee, or contracted provider of services.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.352, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.0301. Loans for Visual AIDS

Sec. 91.0301.  LOANS FOR VISUAL AIDS.  (a)  The department may establish a program to make loans to finance the purchase of technological aids for persons with visual disabilities.  Interest on the loans may not exceed 10 percent a year.
(b)  The executive commissioner may promulgate rules to administer the loan program.
Added by Acts 1981, 67th Leg., p. 317, ch. 126, Sec. 2, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 13, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.353, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.031. Contracts for Service

Sec. 91.031.  CONTRACTS FOR SERVICE.  (a)  The department shall include in its contracts with service providers under this chapter or Subchapter E, Chapter 117, provisions relating to:
(1)  clearly defined and measurable program performance standards that directly relate to the service provided;
(2)  clearly defined penalties for nonperformance of a contract term; and
(3)  clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
(b)  The department shall monitor a service provider's performance under a contract for service under this chapter or Subchapter E, Chapter 117.  In monitoring performance, the department shall:
(1)  use a risk-assessment methodology to institute statewide monitoring of contract compliance of service providers; and
(2)  evaluate service providers based on clearly defined and measurable program performance objectives.
Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.354, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter C. General Powers and Duties › Section 91.032. Contracts for Assistive Technology

Sec. 91.032.  CONTRACTS FOR ASSISTIVE TECHNOLOGY.  The department shall include in a contract under this chapter or Subchapter E, Chapter 117, with a supplier of assistive technology equipment provisions that require the supplier to provide training for clients receiving the assistive technology equipment.
Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.355, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter E. Central Media Depository › Section 91.081. Purpose

Sec. 91.081.  PURPOSE.  (a)  The purpose of this subchapter is to establish a comprehensive central state depository for braille, large print, slow speed records and machines, tape recordings and tape players, and related forms of media that will enable the Texas State Library and Archives Commission, the Texas Education Agency, the department, volunteer organizations involved in the production of braille or recorded materials for the blind, the Library of Congress, and related types of organizations to work together more closely and effectively.
(b)  It is the intent of this subchapter to allow various agencies and organizations interested in or responsible for such services to work together cooperatively in one facility without requiring one central management.
Renumbered from Sec. 92.051 by Acts 1979, 66th Leg., p. 2438, ch. 842, art. 2, Sec. 15, eff. Sept. 1, 1979;  Amended by Acts 1985, 69th Leg., ch. 793, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.64, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.357, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter E. Central Media Depository › Section 91.082. Establishment of Central Media Depository

Sec. 91.082.  ESTABLISHMENT OF CENTRAL MEDIA DEPOSITORY.  (a)  The Texas State Library and Archives Commission shall generally supervise the establishment and operation of a central media depository in Austin to house materials and devices required by the blind and individuals with visual disabilities or by other individuals who are unable to use ordinary printed materials.
(b)  With the approval of the Texas State Library and Archives Commission, the agencies and organizations maintaining and operating the central media depository shall develop and periodically evaluate and modify specific arrangements for administrative support, sharing of staff and equipment, and related matters involved in the operation of the program.
Renumbered from Sec. 92.052 and amended by Acts 1979, 66th Leg., p. 2438, ch. 842, art. 2, Sec. 15, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.358, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter E. Central Media Depository › Section 91.083. Ancillary Services

Sec. 91.083.  ANCILLARY SERVICES.  The Texas State Library and Archives Commission shall allow the central media depository to be used for the repair of special media and equipment required by individuals who are unable to use ordinary print and for research and demonstration, training, and the production of materials in special media by volunteer organizations.
Renumbered from Sec. 92.053 and amended by Acts 1979, 66th Leg., p. 2438, ch. 842, art. 2, Sec. 15, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.359, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 5 - Services for the Blind and Persons With Visual Disabilities › Chapter 91 - Functions of Department of Assistive and Rehabilitative Services Relating to the Blind and Persons With Visual Disabilities › Subchapter E. Central Media Depository › Section 91.084. Funding

Sec. 91.084.  FUNDING.  The cost of establishing and operating the central media depository shall be paid with:
(1)  funds appropriated by the legislature for that purpose;
(2)  gifts, grants, bequests, and donations received by cooperating agencies for the establishment and support of the depository;
(3)  reasonable fees customarily charged for services by the agencies and organizations using or occupying the facility;  and
(4)  funds budgeted by the cooperating agencies and organizations for that purpose pursuant to interagency contracts and agreements.
Renumbered from Sec. 92.054 by Acts 1979, 66th Leg., p. 2438, ch. 842, art. 2, Sec. 15, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter A. General Provisions › Section 101A.001. Definitions

Sec. 101A.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of aging and disability services.
(2)  "Department" means the Department of Aging and Disability Services.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter A. General Provisions › Section 101A.002. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective until April 01, 2025
Sec. 101A.002.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner by this chapter or another law relating to state services for the aging conflicts with Section 531.0055, Government Code, Section 531.0055 controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.102, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter A. General Provisions › Section 101A.002. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective on April 01, 2025
Sec. 101A.002.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner by this chapter or another law relating to state services for the aging conflicts with any of the following provisions of the Government Code, the Government Code provision controls:
(1)  Subchapter A, Chapter 524;
(2)  Section 524.0101;
(3)  Sections 524.0151(a)(2) and (b);
(4)  Section 524.0202; and
(5)  Section 525.0254.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.102, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter A. General Provisions › Section 101A.003. Cooperation With Federal and State Agencies

Sec. 101A.003.  COOPERATION WITH FEDERAL AND STATE AGENCIES.  (a)  The department is the state agency designated to handle federal programs relating to the aging that require action within the state and that are not the specific responsibility of another state agency under federal or state law.
(b)  The department is not intended to supplant or to take over from the counties and municipalities of this state or from other state agencies or facilities any of the specific responsibilities relating to services for the aging that they hold.  The department shall cooperate with federal and state agencies, counties, and municipalities and private agencies or facilities in the state in accomplishing the purposes of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter B. Powers and Duties of Department and Executive Commissioner › Section 101A.051. Rules

Sec. 101A.051.  RULES.  The executive commissioner shall adopt rules governing the functions of the department under this chapter, including rules that prescribe the policies and procedures followed by the department in the administration of any local services programs, employment programs for the aged, volunteer programs for the aged, or other programs.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter B. Powers and Duties of Department and Executive Commissioner › Section 101A.052. General Functions of Department Related to Aging Services

Sec. 101A.052.  GENERAL FUNCTIONS OF DEPARTMENT RELATED TO AGING SERVICES.  (a)  The department shall provide expertise and advice to state agencies and the legislature and other elected officials on aging issues, including recommendations to meet the needs of this state's elderly population.
(b)  The department shall develop and strengthen the services available for the aged in the state by coordinating services provided by governmental and private agencies and facilities.
(c)  The department shall extend and expand services for the aged by coordinating the interest and efforts of local communities in studying the problems of the aged citizens of this state.
(d)  The department shall encourage, promote, and aid in the establishment of area agencies on aging for the development of programs and services on a local level that improve the living conditions of the aged by enabling them to more fully enjoy and participate in family and community life.
(e)  The department shall sponsor voluntary community rehabilitation and recreational facilities to improve the general welfare of the aged.
(f)  The department shall cooperate with state and federal agencies and other organizations in conducting studies and surveys on the special problems of the aged in matters such as mental and physical health, housing, family relationships, employment, income, vocational rehabilitation, recreation, transportation, insurance, legal rights, and education.  The department shall make appropriate reports and recommendations to the governor and to state and federal agencies.
(g)  The department shall conduct research and long-range planning regarding long-term care, community care, and other issues that affect elderly individuals.
(h)  The department shall make recommendations to the governor, the legislature, and state agencies regarding:
(1)  opportunities to coordinate programs for elderly individuals;
(2)  unnecessary duplication in providing services to elderly individuals;  and
(3)  gaps in services to elderly individuals.
(i)  The department shall:
(1)  cooperate with the Texas Department of Housing and Community Affairs to provide affordable housing for elderly individuals and for families in which an elderly individual is head of the household;
(2)  assess the need for housing for elderly individuals and for families in which an elderly individual is head of the household in different localities;
(3)  set standards relating to the design and construction of housing for elderly individuals;
(4)  provide planning assistance to builders;  and
(5)  publicize the availability of the housing program to potential developers and residents.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter B. Powers and Duties of Department and Executive Commissioner › Section 101A.053. Older Americans Act; State Plan

Sec. 101A.053.  OLDER AMERICANS ACT;  STATE PLAN.  (a)  The department shall develop this state's plan on aging, as required by the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.).
(b)  The department shall conduct a statewide needs assessment for long-term care and other services for older individuals and their caregivers.  The assessment shall include input from:
(1)  area agencies on aging;
(2)  regional and local state agency staff;  and
(3)  community-based organizations.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.