reglab/statecodes huggingface dataset:
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 22.017. Program Accessibility

Sec. 22.017.  PROGRAM ACCESSIBILITY.  The commission shall prepare and maintain a written plan that describes how persons who do not speak English or who have physical, mental, or developmental disabilities can be provided reasonable access to the commission's and the department's programs under this title. The commission may solicit the assistance of a health and human services agency in the preparation or maintenance of the plan.
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 22.018. Cooperation With State Office of Administrative Hearings

Sec. 22.018.  COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  The department and the chief administrative law judge of the State Office of Administrative Hearings shall enter into a memorandum of understanding under which the State Office of Administrative Hearings, on behalf of the department, conducts all contested case hearings authorized or required by law to be conducted under this title by the department under the administrative procedure law, Chapter 2001, Government Code.
(b)  The memorandum of understanding shall require the chief administrative law judge, the department, and the executive commissioner to cooperate in connection with a contested case hearing and may authorize the State Office of Administrative Hearings to perform any administrative act, including giving of notice, that is required to be performed by the department or commissioner of aging and disability services.
(c)  The memorandum of understanding shall address whether the administrative law judge who conducts a contested case hearing for the State Office of Administrative Hearings on behalf of the department shall:
(1)  enter the final decision in the case after completion of the hearing; or
(2)  propose a decision to the department or the commissioner of aging and disability services for final consideration.
(d)  The department by interagency contract shall reimburse the State Office of Administrative Hearings for the costs incurred in conducting contested case hearings for the department.  The department may pay an hourly fee for the costs of conducting those hearings or a fixed annual fee negotiated biennially by the department and the State Office of Administrative Hearings to coincide with the department's legislative appropriations request.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(23), eff. April 2, 2015.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.11(a), eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1505, Sec. 1.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.021, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(23), 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 22.019. Due Process Procedures

Sec. 22.019.  DUE PROCESS PROCEDURES.  (a)  The commission and the department may not retroactively apply a rule, standard, guideline, or policy interpretation under this title.
(b)  Any changes in agency policy shall be adopted in accordance with the rulemaking provisions of Chapter 2001, Government Code.  Periodic bulletins and indexes shall be used to notify contractors of changes in policy and to explain the changes.  A change in agency policy may not be adopted if it takes effect before the date on which contractors are notified as prescribed by this subsection.
(c)  The executive commissioner shall adopt a rule requiring the commission or the department, as applicable, to respond in writing to each written inquiry from a contractor under this title not later than the 14th day after the date on which the commission or the department receives the inquiry.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.022, 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 22.020. Audit Procedure

Sec. 22.020.  AUDIT PROCEDURE.  At any time during an audit, the commission or the department, as applicable, shall permit a contractor under this title to submit additional or alternative documentation to prove that services were delivered to an eligible client.  Any recovery of costs by the commission or the department from the contractor for using additional or alternative documentation may not exceed the amount the contractor would otherwise be entitled to receive under the contract as administrative costs.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.023, 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 22.021. Distribution of Funds

Sec. 22.021.  DISTRIBUTION OF FUNDS.  (a)  Funds appropriated to the commission or the department for the general support or development of a service under this title that is needed throughout the state shall be allocated equitably across the state.
(b)  This section does not apply to funds appropriated for a research or demonstration program or for the purchase of direct services.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.024, 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 22.022. Residency Requirements

Sec. 22.022.  RESIDENCY REQUIREMENTS.  To the extent permitted by law the commission and the department shall only provide services under this title to legal residents of the United States or the State of Texas.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.12(a), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.025, 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 22.023. Payment for Certain Insurance Coverage

Sec. 22.023.  PAYMENT FOR CERTAIN INSURANCE COVERAGE.  (a)  In this section, "AIDS" and "HIV" have the meanings assigned by Section 81.101, Health and Safety Code.
(b)  Subject to the limitations in Subsection (c), the commission may purchase and pay the premiums for a conversion policy or other health insurance coverage for a person who is diagnosed as having AIDS, HIV, or other terminal or chronic illness and whose income level is less than 200 percent of the federal poverty level, based on the federal Office of Management and Budget poverty index in effect at the time coverage is provided, even though a person may be eligible for benefits under Chapter 32.  Health insurance coverage for which premiums may be paid under this section includes coverage purchased from an insurance company authorized to do business in this state, a group hospital service corporation operating under Chapter 842, Insurance Code, a health maintenance organization operating under Chapter 843, Insurance Code, or an insurance pool created by the federal or state government or a political subdivision of the state.
(c)  If a person is eligible for benefits under Chapter 32, the commission may not purchase or pay premiums for a health insurance policy under this section if the premiums to be charged for the health insurance coverage are greater than premiums paid for benefits under Chapter 32.  The commission may not purchase or pay premiums for health insurance coverage under this section for a person at the same time that that person is covered by benefits under Chapter 32.
(d)  The commission shall pay for that coverage with money made available to the commission for that purpose.
(e)  The executive commissioner by rule may adopt necessary rules, criteria, and plans and may enter into necessary contracts to carry out this section.
Added by Acts 1989, 71st Leg., ch. 1041, Sec. 5, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(10), eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.534, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.026, 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 22.024. Development of Service Plan for Elderly Persons or Persons With Disabilities

Sec. 22.024.  DEVELOPMENT OF SERVICE PLAN FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES.  If the commission, the department, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, or another agency funded in the General Appropriations Act under appropriations for health, welfare, and rehabilitation agencies receives funds to provide case management services to elderly persons or persons with disabilities, the agency shall provide information to its staff concerning the services other agencies provide to those populations.  The agency's staff shall use that information to develop a comprehensive service plan for its clients.
Added by Acts 1989, 71st Leg., ch. 1085, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 22.023 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(10), eff. Sept. 6, 1990.  Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 8, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 835, Sec. 20, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.027, 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 22.025. Error-Rate Reduction

Sec. 22.025.  ERROR-RATE REDUCTION.  (a)  The commission shall:
(1)  set progressive goals for improving the commission's error rates in the financial assistance program under Chapter 31 and supplemental nutrition assistance program; and
(2)  develop a specific schedule to meet those goals.
(c)  As appropriate, the commission shall include in its employee evaluation process a rating system that emphasizes error-rate reduction and workload.
(d)  The commission shall take appropriate action if a region has a higher than average error rate and that rate is not reduced in a reasonable period.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.08(a), eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 23(1), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(102), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.027, 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 22.0251. Timely Determination of Overpayments

Sec. 22.0251.  TIMELY DETERMINATION OF OVERPAYMENTS.  (a)  Subject to the approval of the executive commissioner, the commission shall:
(1)  determine and record the time taken by the commission to establish an overpayment claim in the supplemental nutrition assistance program or the program of financial assistance under Chapter 31;
(2)  set progressive goals for reducing the time described by Subdivision (1); and
(3)  adopt a schedule to meet the goals set under Subdivision (2).
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 837 , Sec. 2.08(b)(4), eff. September 1, 2015.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 69, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.08(b)(4), eff. September 1, 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 22.0252. Telephone Collection Program

Sec. 22.0252.  TELEPHONE COLLECTION PROGRAM.  (a)  The commission shall use the telephone to attempt to collect reimbursement from a person who receives a benefit granted in error under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(4), eff. September 1, 2019.
(c)  The commission shall ensure that the telephone collection program attempts to collect reimbursement for all identified delinquent payments for which 15 days or more have elapsed since the initial notice of delinquency was sent to the recipient.
(d)  The commission shall use an automated collections system to monitor the results of the telephone collection program.  The system must:
(1)  accept data from the accounts receivable tracking system used by the commission;
(2)  automate recording tasks performed by a collector, including providing access to commission records regarding the recipient and recording notes and actions resulting from a call placed to the recipient;
(3)  automatically generate a letter to a recipient following a telephone contact that confirms the action to be taken regarding the delinquency;
(4)  monitor the receipt of scheduled payments from a recipient for repayment of a delinquency; and
(5)  generate reports regarding the effectiveness of individual collectors and of the telephone collection program.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 206, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 70, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(4), eff. September 1, 2019.
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 22.0253. Participation in Federal Tax Refund Offset Program

Sec. 22.0253.  PARTICIPATION IN FEDERAL TAX REFUND OFFSET PROGRAM.  The commission shall participate in the Federal Tax Refund Offset Program (FTROP) to attempt to recover benefits granted by the commission in error under the supplemental nutrition assistance program.  The commission shall submit as many claims that meet program criteria as possible for offset against income tax returns.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, 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 22.0254. Prosecution of Fraudulent Claims

Sec. 22.0254.  PROSECUTION OF FRAUDULENT CLAIMS.  (a)  The commission shall keep a record of the dispositions of referrals made by the commission to a district attorney concerning fraudulent claims for benefits under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31.
(b)  The commission may:
(1)  request status information biweekly from the appropriate district attorney on each major fraudulent claim referred by the commission;
(2)  request a written explanation from the appropriate district attorney for each case referred in which the district attorney declines to prosecute; and
(3)  encourage the creation of a special welfare fraud unit in each district attorney's office that serves a municipality with a population of more than 250,000, to be financed by amounts provided by the commission.
(c)  The executive commissioner by rule may define what constitutes a major fraudulent claim under Subsection (b)(1).
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, 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 22.0255. Electronic Benefits Transfer Card; Returned-Mail Reduction

Sec. 22.0255.  ELECTRONIC BENEFITS TRANSFER CARD; RETURNED-MAIL REDUCTION.  (a)  The commission shall develop and implement policies and procedures designed to improve the commission's electronic benefits transfer cards used for federal and state entitlement programs administered by the commission.
(b)  The commission shall set an annual goal of reducing the amount of returned mail it receives under the programs described by Subsection (a) so that the percentage rate of returned mail is within one percent of the percentage rate of returned mail reported annually for the credit card and debit card industries.
Added by Acts 1997, 75th Leg., ch. 322, Sec. 1, eff. May 26, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 23(2), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(103), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.028, 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 22.026. Reduction of Client Fraud

Sec. 22.026.  REDUCTION OF CLIENT FRAUD.  The commission and the department shall:
(1)  ensure that errors attributed to client fraud are appropriate; and
(2)  take immediate and appropriate action to limit any client fraud that occurs.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.08(a), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.029, 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 22.027. Fraud Prevention

Sec. 22.027.  FRAUD PREVENTION.  (e)  The commission, the department, and the comptroller shall coordinate their efforts to cross-train agency staff whose duties include fraud prevention and detection to enable the staff to identify and report possible fraudulent activity in programs, taxes, or funds administered by each of those other agencies.
(f)  A local law enforcement agency that seizes an electronic benefits transfer (EBT) card issued by the commission to a recipient of an entitlement program administered by the commission shall immediately notify the commission of the seizure and return the card to the commission.  The commission shall send letters to local law enforcement agencies or post materials in the buildings in which those agencies are located to ensure that local law enforcement officials are aware of this requirement.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.04(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 322, Sec. 2, eff. May 26, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.029, 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 22.028. Electronic Benefits Transfer: Monitoring

Sec. 22.028.  ELECTRONIC BENEFITS TRANSFER: MONITORING.  (a)  The private electronic benefits transfer (EBT) operator with which the commission contracts to administer the EBT system shall establish procedures to maintain records that monitor all debit transactions relating to EBT client accounts under this section.  The EBT operator shall deliver copies of the records to the commission and the comptroller not later than the first day of each month.  The commission shall immediately review the records and assess the propriety of the debit transactions.
(b)  After reviewing the records under Subsection (a), the commission shall take necessary or advisable action to ensure compliance with EBT rules by the EBT operator, retailers, and clients.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(4), eff. September 1, 2019.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.04(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1153, Sec. 1.06(b), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.029, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.02(b), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(4), eff. September 1, 2019.
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 22.029. Project for Fraud Detection and Prevention Through Data Matching

Sec. 22.029.  PROJECT FOR FRAUD DETECTION AND PREVENTION THROUGH DATA MATCHING.  (a)  In order to enhance the state's ability to detect and prevent fraud in the payment of claims under federal and state entitlement programs, the commission shall implement a data matching project as described by Subsection (b).  The costs of developing and administering the data matching project shall be paid entirely from amounts recovered by participating agencies as a result of potential fraudulent occurrences or administrative errors identified by the project.
(b)  The project shall involve the matching of database information among all agencies using electronic funds transfer and other participating agencies.  The commission shall contract through a memorandum of understanding with each agency participating in the project.  After the data has been matched, the commission shall furnish each participating agency with a list of potential fraudulent occurrences or administrative errors.
(c)  Each agency participating in a matching cycle shall document actions taken to investigate and resolve fraudulent issues noted on the list provided by the commission.  The commission shall compile the documentation furnished by participating agencies for each matching cycle.
(d)  Agencies participating under Subsection (b) shall cooperate fully with the commission in the prompt provision of data in the requested format, for the identification of suspected fraudulent occurrences, or administrative errors as the commission may otherwise reasonably request in order to carry out the intent of this section.
(e)  The commission and participating agencies providing source data for the project shall take all necessary steps to protect the confidentiality of information provided as part of this project, in compliance with all existing state and federal privacy guidelines.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 8.03, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 827, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.030, 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 22.0292. Information Matching System Relating to Immigrants and Foreign Visitors

Sec. 22.0292.  INFORMATION MATCHING SYSTEM RELATING TO IMMIGRANTS AND FOREIGN VISITORS.  (a)  The commission shall, through the use of a computerized matching system, compare commission information relating to applicants for and recipients of supplemental nutrition assistance program benefits and financial assistance under Chapter 31 with information obtained from the United States Department of State and the United States Department of Justice relating to immigrants and visitors to the United States for the purpose of preventing individuals from unlawfully receiving public assistance benefits administered by the commission.
(b)  The commission may enter into an agreement with the United States Department of State and the United States Department of Justice as necessary to implement this section.
(c)  The commission and federal agencies sharing information under this section shall protect the confidentiality of the shared information in compliance with all existing state and federal privacy guidelines.
(d)  Not later than October 1 of each year, the commission shall submit to the governor and the Legislative Budget Board an annual report on the operation and success of the information matching system required by this section.  The report may be consolidated with any other report relating to the same subject matter the commission is required to submit under other law.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.01(b), eff. Sept. 1, 1997.  Renumbered from Sec. 22.0291 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(69), eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 71, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.031, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 18, eff. September 1, 2021.
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 22.030. Agreements for Purchase of Services for Children

Sec. 22.030.  AGREEMENTS FOR PURCHASE OF SERVICES FOR CHILDREN.  (a)  To ensure the maximum use of available federal matching funds for child care services and other support services under Section 31.010, the commission and any other agency providing the services shall enter into agreements with the appropriate local community organizations to receive donations to be used for the purchase of services for which matching federal funds are available.
(b)  An agency described under Subsection (a) shall cooperate with each local community organization to develop guidelines for the use of that community's donation to provide the services described in Subsection (a).
Added by Acts 1995, 74th Leg., ch. 655, Sec. 6.05, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.032, 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 22.031. Unannounced Inspections

Sec. 22.031.  UNANNOUNCED INSPECTIONS.  The commission and the department may make any inspection of a facility or program under the agency's jurisdiction under this title without announcing the inspection.
Added by Acts 1995, 74th Leg., ch. 531, Sec. 3, eff. Aug. 28, 1995.  Renumbered from Human Resources Code Sec. 22.025 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(60), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.032, 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 22.032. Use of Earned Federal Funds

Sec. 22.032.  USE OF EARNED FEDERAL FUNDS.  Subject to the General Appropriations Act, the commission may use earned federal funds derived from recovery of amounts paid or benefits granted by the commission as a result of fraud to pay the costs of the commission's activities relating to preventing fraud.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.02, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.032, 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 22.036. Programs for Individuals Who Are Deaf-Blind With Multiple Disabilities and Their Parents

Sec. 22.036.  PROGRAMS FOR INDIVIDUALS WHO ARE DEAF-BLIND WITH MULTIPLE DISABILITIES AND THEIR PARENTS.  (a)  The department shall establish programs to serve individuals who are deaf-blind with multiple disabilities by helping them attain self-sufficiency and independent living.
(b)  The department shall establish a program of parental counseling for the parents of individuals who are deaf-blind with multiple disabilities. The counseling program may be provided on an individual or group basis and must include programs, activities, and services necessary to foster greater understanding and to improve relationships among professionals, parents, and individuals who are deaf-blind with multiple disabilities.
(c)  The department shall establish a summer outdoor training program for individuals who are deaf-blind with multiple disabilities.  The outdoor training program must be designed to help meet the unique needs of individuals who are deaf-blind with multiple disabilities for the purpose of broadening their educational experiences and improving their ability to function more independently.
(d)  The executive commissioner shall establish regulations for implementing and administering the programs.
(e)  The department may contract for services or goods with private or public entities for purposes of this section.
(f)  From information collected from the programs, the department shall determine the need for related future services and the most efficient and effective method of delivering the future services.
Added by Acts 1985, 69th Leg., ch. 619, Sec. 14, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.05, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.034, 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 22.040. Determination of Eligibility for Community Care Services for Elderly Persons or Persons With Disabilities

Sec. 22.040.  DETERMINATION OF ELIGIBILITY FOR COMMUNITY CARE SERVICES FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES.  The executive commissioner by rule shall develop and the department shall implement a plan to assist elderly persons or persons with disabilities requesting community care services in receiving those services as quickly as possible when those services become available.  The plan must require the department to:
(1)  forecast participant openings that will become available in a community care program serving the elderly person or person with a disability during the next fiscal quarter because of program expansion or case closures;
(2)  contact an individual on an interest list and begin the program eligibility determination process at least 30 days before an opening is forecasted to become available in the program; and
(3)  ensure that an individual determined to be eligible for services does not begin receiving services until after the opening actually becomes available.
Acts 2003, 78th Leg., ch. 1169, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.037, 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 22.041. Third-Party Information

Sec. 22.041.  THIRD-PARTY INFORMATION.  Notwithstanding any other provision of this code, the commission may use information obtained from a third party to verify the assets and resources of a person for purposes of determining the person's eligibility and need for medical assistance, financial assistance, or nutritional assistance.  Third-party information includes information obtained from:
(1)  a consumer reporting agency, as defined by Section 20.01, Business & Commerce Code;
(2)  an appraisal district; or
(3)  the Texas Department of Motor Vehicles vehicle registration record database.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.85, eff. Sept. 1, 2003.
Renumbered from Human Resources Code, Section 22.040 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(55), eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3G.01, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.037, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.001. Definitions

Sec. 23.001.  DEFINITIONS.  In this chapter:
(1)  "License" means a license, certificate, registration, permit, or other authorization that:
(A)  is issued by a licensing authority;
(B)  is subject before expiration to suspension, revocation, forfeiture, or termination by an issuing licensing authority; and
(C)  a person must obtain to:
(i)  operate a motor vehicle; or
(ii)  engage in a recreational activity, including hunting and fishing, for which a license or permit is required.
(2)  "Order suspending a license" means an order issued by the commission directing a licensing authority to suspend a license.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.002. Licensing Authorities Subject to Chapter

Sec. 23.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  In this chapter, "licensing authority" means:
(1)  the Parks and Wildlife Department; and
(2)  the Department of Public Safety of the State of Texas.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.003. Suspension of License

Sec. 23.003.  SUSPENSION OF LICENSE.  The commission may issue an order suspending a license as provided by this chapter of a person who, after notice:
(1)  has failed to reimburse the commission for an amount in excess of $250 granted in error to the person under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31;
(2)  has been provided an opportunity to make payments toward the amount owed under a repayment schedule; and
(3)  has failed to comply with the repayment schedule.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.004. Initiation of Proceeding

Sec. 23.004.  INITIATION OF PROCEEDING.  (a)  The commission may initiate a proceeding to suspend a person's license by filing a petition with the commission's appeals division.
(b)  The proceeding shall be conducted by the commission's appeals division.  The proceeding is a contested case under Chapter 2001, Government Code, except that Section 2001.054 does not apply.
(c)  The executive commissioner or the executive commissioner's designated representative shall render a final decision or order in the proceeding.  A reference to the commission in this chapter with respect to a final decision or order in the proceeding means the executive commissioner or the executive commissioner's designated representative.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.005. Contents of Petition

Sec. 23.005.  CONTENTS OF PETITION.  A petition under this chapter must state that license suspension is authorized under Section 23.003 and allege:
(1)  the name and, if known, social security number of the person;
(2)  the type of license the person is believed to hold and the name of the licensing authority; and
(3)  the amount owed to the commission.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.006. Notice

Sec. 23.006.  NOTICE.  (a)  On initiating a proceeding under Section 23.004, the commission shall give the person named in the petition:
(1)  notice of the person's right to a hearing before the commission's appeals division;
(2)  notice of the deadline for requesting a hearing; and
(3)  a form requesting a hearing.
(b)  Notice under this section may be served as in civil cases generally.
(c)  The notice must state that an order suspending a license shall be rendered on the 60th day after the date of service of the notice unless by that date:
(1)  the person pays the amount owed to the commission;
(2)  the person presents evidence of a payment history satisfactory to the commission in compliance with a reasonable repayment schedule; or
(3)  the person appears at a hearing before the commission's appeals division and shows that the request for suspension should be denied or stayed.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.007. Hearing on Petition to Suspend License

Sec. 23.007.  HEARING ON PETITION TO SUSPEND LICENSE.  (a)  A request for a hearing and motion to stay suspension must be filed with the commission not later than the 20th day after the date of service of the notice under Section 23.006.
(b)  If a request for a hearing is filed, the commission's appeals division shall:
(1)  promptly schedule a hearing;
(2)  notify the person and an appropriate representative of the commission of the date, time, and location of the hearing; and
(3)  stay suspension pending the hearing.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.008. Order Suspending License

Sec. 23.008.  ORDER SUSPENDING LICENSE.  (a)  On making the findings required by Section 23.003, the commission shall render an order suspending a license.
(b)  The commission may stay an order suspending a license conditioned on the person's compliance with a reasonable repayment schedule that is incorporated in the order.  An order suspending a license with a stay of the suspension may not be served on the licensing authority unless the stay is revoked as provided by this chapter.
(c)  A final order suspending a license rendered by the commission shall be forwarded to the appropriate licensing authority.
(d)  If the commission renders an order suspending a license, the person may also be ordered not to engage in the licensed activity.
(e)  If the commission's appeals division finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice, and an order suspending a license may not be rendered.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.009. Default Order

Sec. 23.009.  DEFAULT ORDER.  The commission shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending a license if the person fails to:
(1)  respond to a notice issued under Section 23.006;
(2)  request a hearing; or
(3)  appear at a hearing.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.010. Review of Final Administrative Order

Sec. 23.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An order issued by the commission under this chapter is a final agency decision and is subject to review as provided by Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, 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 23 - Suspension of Driver's or Recreational License for Failure to Reimburse Commission › Section 23.011. Action by Licensing Authority

Sec. 23.011.  ACTION BY LICENSING AUTHORITY.  (a)  On receipt of a final order suspending a license, the licensing authority shall immediately determine if the authority has issued a license to the person named on the order and, if a license has been issued:
(1)  record the suspension of the license in the licensing authority's records;
(2)  report the suspension as appropriate; and
(3)  demand surrender of the suspended license if required by law for other cases in which a license is suspended.
(b)  A licensing authority shall implement the terms of a final order suspending a license without additional review or hearing.  The authority may provide notice as appropriate to the license holder or to others concerned with the license.
(c)  A licensing authority may not modify, remand, reverse, vacate, or stay an order suspending a license issued under this chapter and may not review, vacate, or reconsider the terms of a final order suspending a license.
(d)  A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority.
(e)  A person who continues to engage in the licensed activity after the implementation of the order suspending a license by the licensing authority is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of that licensing authority.
(f)  A licensing authority is exempt from liability to a license holder for any act authorized under this chapter performed by the authority.
(g)  Except as provided by this chapter, an order suspending a license or dismissing a petition for the suspension of a license does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license.
(h)  The denial or suspension of a driver's license under this chapter is governed by this chapter and not by Subtitle B, Title 7,  Transportation Code.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.038, eff. April 2, 2015.