CHAPTER 81. TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING

HUMAN RESOURCES CODE

TITLE 4. SERVICES FOR THE DEAF

CHAPTER 81. TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING

Sec. 81.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission for the Deaf and

Hard of Hearing.

(2) "Deaf" means a hearing impairment of such severity that an

individual must depend on visual methods to communicate.

(3) "Hard of hearing" means a hearing impairment that results in

a loss of hearing function to an individual and in which the

individual:

(A) relies on residual hearing; and

(B) may depend on visual methods to communicate.

(4) "Deaf-blind" means:

(A) being legally blind and possessing a hearing impairment of

such severity that a person cannot understand most speech even

with the use of optimum amplification; or

(B) having a medical diagnosis of deteriorating hearing and

vision expected to lead to the condition described by Paragraph

(A).

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842,

art. 2, Sec. 3, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch.

343, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 183,

Sec. 1, eff. May 26, 1989; Acts 1991, 72nd Leg., ch. 353, Sec. 9,

eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, Sec. 2, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 118, Sec. 1, eff. May

23, 2003.

Sec. 81.002. TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING.

(a) The Texas Commission for the Deaf and Hard of Hearing is

composed of nine members appointed by the governor with the

advice and consent of the senate.

(b) Three members of the commission must be persons who are deaf

or hard of hearing, two must be parents of persons who are deaf

or hard of hearing, two must be professionals serving persons who

are deaf or hard of hearing, and two must be persons from the

general public. A majority of the members shall be deaf.

(c) Except as provided by Subsection (b) of this section,

appointments to the commission shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointees.

(d) A person may not be a member of the commission and may not

be a commission employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of services for people who

are deaf or hard of hearing; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of services

for people who are deaf or hard of hearing.

(e) A person may not be a member of the commission or act as the

general counsel to the commission if the person is required to

register as a lobbyist under Chapter 305, Government Code,

because of the person's activities for compensation on behalf of

a profession related to the operation of the commission.

(f) A person is not eligible for appointment as a member of the

commission if the person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization regulated by the commission

or receiving funds from the commission;

(2) owns, controls, or has, directly or indirectly, more than a

10 percent interest in a business entity or other organization

regulated by the commission or receiving funds from the

commission; or

(3) uses or receives a substantial amount of funds or tangible

goods from the commission.

(g) In this section, "Texas trade association" means a

cooperative and voluntarily joined association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842,

art. 2, Sec. 3, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch.

619, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167,

Sec. 2.19(16), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 343,

Sec. 2, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 353, Sec.

10, 11, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, Sec.

3, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, Sec. 1,

eff. Sept. 1, 1999.

Sec. 81.0021. REMOVAL OF COMMISSION MEMBERS. (a) It is a

ground for removal from the commission if a member:

(1) does not have at the time of appointment the qualifications

required by Subsection (b) of Section 81.002 of this code for

appointment to the commission;

(2) does not maintain during the service on the commission the

qualifications required by Subsection (b) of Section 81.002 of

this code for appointment to the commission;

(3) violates a prohibition established by Subsection (d) or (e)

of Section 81.002 of this code;

(4) is unable to discharge his duties for a substantial portion

of the term for which he was appointed because of illness or

disability; or

(5) is absent from more than one-half of the regularly scheduled

commission meetings that the member is eligible to attend during

each calendar year, except when the absence is excused by

majority vote of the commission.

(b) The validity of an action of the commission is not affected

by the fact that it was taken when a ground for removal of a

member of the commission existed.

(c) If the executive director has knowledge that a potential

ground for removal exists, he shall notify the chairman of the

commission of such ground. The chairman of the commission shall

then notify the governor and the attorney general that a

potential ground for removal exists. If the potential ground for

removal involves the chairman, the executive director shall

notify the next highest ranking officer of the commission, who

shall then notify the governor and the attorney general that a

potential ground for removal exists.

Added by Acts 1985, 69th Leg., ch. 619, Sec. 2, eff. Sept. 1,

1985. Amended by Acts 1999, 76th Leg., ch. 122, Sec. 2, eff.

Sept. 1, 1999.

Sec. 81.0022. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the commission may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the commission until the person completes a training program

that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the commission;

(2) the programs operated by the commission;

(3) the role and functions of the commission;

(4) the rules of the commission, with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the commission;

(6) the results of the most recent formal audit of the

commission;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the commission or

the Texas Ethics Commission.

(c) A person appointed to the commission is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 122, Sec. 3, eff. Sept. 1,

1999.

Sec. 81.003. TERMS. Members hold office for staggered terms of

six years, with the terms of three members expiring on January 31

of each odd-numbered year.

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Renumbered from Sec. 81.004 and amended by Acts

1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1,

1979.

Sec. 81.004. SUNSET PROVISION. The Texas Commission for the

Deaf and Hard of Hearing is subject to Chapter 325, Government

Code (Texas Sunset Act). Unless the commission is continued in

existence as provided by that chapter, the commission is

abolished and this chapter expires September 1, 2011.

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Renumbered from Sec. 81.003 and amended by Acts

1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1,

1979. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 212, eff.

Sept. 1, 1985; Acts 1985, 69th Leg., ch. 619, Sec. 3, eff. Sept.

1, 1985; Acts 1987, 70th Leg., ch. 343, Sec. 3, eff. Sept. 1,

1987; Acts 1991, 72nd Leg., ch. 353, Sec. 12, eff. Sept. 1, 1991;

Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.06, eff. Nov. 12,

1991; Acts 1995, 74th Leg., ch. 835, Sec. 4, eff. Sept. 1, 1995;

Acts 1999, 76th Leg., ch. 122, Sec. 4, eff. Sept. 1, 1999.

Sec. 81.005. CHAIRMAN; MEETINGS; EXPENSES. (a) The governor

shall designate a chairman of the commission from among the

members. A member holds the position of chairman at the pleasure

of the governor.

(b) The commission shall hold at least six meetings a year. The

commission shall receive public comment on the operations of the

commission and the concerns of the deaf or hard of hearing

community. The commission shall develop and implement policies

that will provide the public with a reasonable opportunity to

appear before the commission and to speak on any issue under the

jurisdiction of the commission.

(c) Five members of the commission constitute a quorum for the

transaction of business.

(d) Members of the commission are not entitled to compensation,

but are entitled to reimbursement of their traveling expenses, as

provided in the General Appropriations Act.

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842,

art. 2, Sec. 3, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch.

619, Sec. 4, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 835,

Sec. 5, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, Sec.

5, eff. Sept. 1, 1999.

Sec. 81.0051. AUDIT. The financial transactions of the

commission are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

Added by Acts 1985, 69th Leg., ch. 619, Sec. 5, eff. Sept. 1,

1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 22, eff.

Sept. 1, 1989.

Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the commission and the

executive director of the commission as provided by Section

531.0055, Government Code. To the extent a power or duty given to

the commission or executive director by this chapter or another

law conflicts with Section 531.0055, Government Code, Section

531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.08, eff. Sept. 1,

1999.

Sec. 81.006. DUTIES AND POWERS. (a) The commission shall:

(1) develop and implement a statewide program of advocacy and

education to ensure continuity of services to persons who are

deaf, deaf-blind, or hard of hearing;

(2) provide direct services to persons who are deaf or hard of

hearing, including communication access, information and referral

services, advocacy services, services to elderly persons who are

deaf or hard of hearing, and training in accessing basic life

skills;

(3) work to ensure more effective coordination and cooperation

among public and nonprofit organizations providing social and

educational services to individuals who are deaf or hard of

hearing;

(4) maintain a registry of available qualified interpreters for

persons who are deaf or hard of hearing by updating the registry

at least quarterly and making the registry available to

interested persons at cost;

(5) establish a system to approve and provide courses and

workshops for the instruction and continuing education of

interpreters for persons who are deaf or hard of hearing;

(6) assist institutions of higher education in initiating

training programs for interpreters and develop guidelines for

instruction to promote uniformity of signs taught within those

programs;

(7) with the assistance of the Texas Higher Education

Coordinating Board, develop standards for evaluation of the

programs described by Subdivision (6); and

(8) develop guidelines to clarify the circumstances under which

interpreters certified by the commission are qualified to

interpret effectively, accurately, and impartially, both

receptively and expressively, using any necessary specialized

vocabulary.

(b) The commission may:

(1) appoint one or more advisory committees to consult with and

advise the commission;

(2) establish and collect training fees and accept gifts,

grants, and donations of money, personal property, or real

property for use in expanding and improving services to persons

of this state who are deaf or hard of hearing;

(3) adopt rules necessary to implement this chapter;

(4) contract with or provide grants to agencies, organizations,

or individuals as necessary to implement this chapter;

(5) establish a reasonable fee and charge interpreters for

training to defray the cost of conducting the training;

(6) develop guidelines for trilingual interpreter services; and

(7) provide training programs for persons who provide trilingual

interpreter services.

(c) Repealed by Acts 2003, 78th Leg., ch. 118, Sec. 14, eff. May

23, 2003.

(d) The commission shall file annually with the governor and the

presiding officer of each house of the legislature a complete and

detailed written report accounting for all funds received and

disbursed by the commission during the preceding year. The form

of the annual report and the reporting time shall be that

provided in the General Appropriations Act.

(e) The commission shall develop and implement policies that

clearly define the respective responsibilities of the governing

body of the commission and the staff of the commission.

(f) The commission shall establish and charge reasonable fees

for some or all commission publications to cover the commission's

publication costs. However, the commission shall waive the fee if

a person who is deaf or hard of hearing is financially unable to

pay for the publication, and may waive the fees for publications

provided to certain entities. The commission shall adopt rules to

implement this subsection. The rules must specify the standards

used for determining ability to pay for a publication and must

specify the types of entities for which the fees will be waived.

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Renumbered from Sec. 81.008 and amended by Acts

1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1,

1979. Amended by Acts 1981, 67th Leg., p. 351, ch. 140, Sec. 1,

eff. May 14, 1981; Acts 1983, 68th Leg., p. 2176, ch. 403, Sec.

1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 619, Sec. 6,

eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 343, Sec. 4, eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 508, Sec. 1, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 835, Sec. 6, 28(1), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.62, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 122, Sec. 6, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 118, Sec. 2, 14, eff. May 23, 2003.

Sec. 81.007. BOARD FOR EVALUATION OF INTERPRETERS. (a) The

commission may establish a program in accordance with this

section for the certification of interpreters who have reached

varying levels of proficiency in communication skills necessary

to facilitate communication between persons who are deaf or hard

of hearing and persons who are not deaf or hard of hearing.

(b) The commission shall appoint an advisory board of seven

persons to assist in administering the interpreter certification

program. A board member may not receive compensation, but is

entitled to reimbursement of the travel expenses incurred by the

member while conducting the business of the board, as provided in

the General Appropriations Act.

(c) Subject to approval of the commission, the board shall

prescribe qualifications for each of several levels of

certification based on proficiency and shall evaluate and certify

interpreters using these qualifications.

(d) A qualified board member may serve as an evaluator under

Subsection (c), and the commission shall compensate the board

member for services performed as an evaluator.

(e) The commission shall charge fees for written and performance

examinations, for annual certificate renewal, and for

recertification. The fees must be in an amount sufficient to

recover the costs of the certification program.

(f) The commission may waive any prerequisite to obtaining a

certificate for an applicant after reviewing the applicant's

credentials and determining that the applicant holds a

certificate issued by another jurisdiction that has certification

requirements substantially equivalent to those of this state.

(g) The commission by rule may adopt a system under which

certificates are valid for a five-year period, subject to the

certificate holder's payment of an annual certificate renewal

fee. After expiration of the five-year period, an interpreter

must be recertified by the commission. The commission may

recertify an interpreter who:

(1) receives specified continuing education credits; or

(2) achieves an adequate score on a specified examination.

(h) The commission shall adopt rules specifying the grounds for

denying, suspending, or revoking an interpreter's certificate.

(i) The commission shall determine the frequency for conducting

the interpreter examinations. The commission shall conduct the

interpreter examinations:

(1) in a space that can be obtained free of charge; or

(2) at a facility selected in compliance with Section 2113.106,

Government Code.

(j) Repealed by Acts 1995, 74th Leg., ch. 835, Sec. 28(3), eff.

Sept. 1, 1995.

(k) The commission shall compensate an evaluator based on a fee

schedule as determined by commission rule.

(l) The commission shall recognize, prepare, or administer

continuing education programs for its certificate holders. A

certificate holder must participate in the programs to the extent

required by the commission to keep the person's certificate.

Added by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3,

eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 352, ch.

140, Sec. 3, eff. May 14, 1981; Acts 1983, 68th Leg., p. 2177,

ch. 403, Sec. 2, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch.

619, Sec. 7, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 343,

Sec. 6, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 687, Sec.

1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 722, Sec. 1,

eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 835, Sec. 7, 28(3),

eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, Sec. 7, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 3, eff. May

23, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

857, Sec. 1, eff. June 19, 2009.

Sec. 81.0071. EXAMINATION RESULTS. (a) Not later than the 60th

day after the date on which a certification examination is

administered under this chapter, the commission shall notify each

examinee of the results of the examination. However, if an

examination is graded or reviewed by a national testing service,

the commission shall notify examinees of the results of the

examination not later than the 14th day after the date on which

the commission receives the results from the testing service. If

the notice of the examination results will be delayed for longer

than 90 days after the examination date, the commission shall

notify each examinee of the reason for the delay before the 90th

day.

(b) Repealed by Acts 2003, 78th Leg., ch. 118, Sec. 14, eff. May

23, 2003.

(c) The commission may require a testing service to notify a

person of the results of the person's examination.

Added by Acts 1985, 69th Leg., ch. 619, Sec. 8, eff. Sept. 1,

1985. Amended by Acts 1999, 76th Leg., ch. 122, Sec. 8, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 14, eff. May

23, 2003.

Sec. 81.0072. REVOCATION OR SUSPENSION OF CERTIFICATE. (a) The

commission, based on the recommendation of the Board for

Evaluation of Interpreters, may revoke or suspend a certificate

or place a certificate holder on probation for a violation of a

statute, rule, or policy of the commission. If a certificate

holder is placed on probation, the commission may require the

practitioner:

(1) to report regularly to the commission on matters that are

the basis of the probation;

(2) to limit practice to those areas prescribed by the

commission; or

(3) to continue or renew professional education until a

satisfactory degree of skill has been attained in those areas

that are the basis of the probation.

(b) If the commission proposes to suspend or revoke a

certificate or place a certificate holder on probation, the

certificate holder is entitled to a hearing before the commission

or a hearings officer appointed by the commission. All final

decisions to suspend or revoke a certificate or place a

certificate holder on probation shall be made by the commission.

Added by Acts 1985, 69th Leg., ch. 619, Sec. 9, eff. Sept. 1,

1985. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 8, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 118, Sec. 4, eff. May

23, 2003.

Sec. 81.0073. CERTIFICATE RENEWAL. (a) A person who is

otherwise eligible to renew a certificate may renew an unexpired

certificate by paying the required renewal fee to the commission

before the expiration date of the certificate. A person whose

certificate has expired may not engage in activities that require

a certificate until the certificate has been renewed.

(b) A person whose certificate has been expired for 90 days or

less may renew the certificate by paying to the commission a

renewal fee that is equal to 1-1/2 times the normally required

renewal fee.

(c) A person whose certificate has been expired for more than 90

days but less than one year may renew the certificate by paying

to the commission a renewal fee that is equal to two times the

normally required renewal fee.

(d) A person whose certificate has been expired for one year or

more may not renew the certificate. The person may obtain a new

certificate by complying with the requirements and procedures,

including the examination requirements, for obtaining an original

certificate.

(e) A person who was certified in this state, moved to another

state, and is currently certified and has been in practice in the

other state for the two years preceding the date of application

may obtain a new certificate without reexamination. The person

must pay to the commission a fee that is equal to two times the

normally required renewal fee for the certificate.

(f) Not later than the 30th day before the date a person's

certificate is scheduled to expire, the commission shall send

written notice of the impending expiration to the person at the

person's last known address according to the records of the

commission.

Added by Acts 1999, 76th Leg., ch. 122, Sec. 9, eff. Sept. 1,

1999.

Sec. 81.0074. PROVISIONAL CERTIFICATE. (a) The commission 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

commission 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 commission under

this chapter with whom the provisional certificate holder will

practice during the time the person holds a provisional

certificate.

(b) The commission may waive the requirement of Subsection

(a)(3) for an applicant if the commission determines that

compliance with that subsection would be a hardship to the

applicant.

(c) A provisional certificate is valid until the date the

commission approves or denies the provisional certificate

holder's application for a certificate. The commission 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 commission 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 commission 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 commission may extend the 180-day period if the

results of an examination have not been received by the

commission before the end of that period.

(e) The commission 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.

Sec. 81.008. EXECUTIVE DIRECTOR. (a) The commissioner of

health and human services shall employ an executive director in

accordance with Section 531.0056, Government Code.

(b) In selecting an executive director, the commissioner of

health and human services shall give preference to a deaf or hard

of hearing person.

(c) The executive director is responsible for carrying out

policies established by the commission. The commission may not

delegate responsibility for establishing policy of the agency to

the executive director.

(d) The executive director or the executive director's designee

shall prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity

whereby all personnel transactions are made without regard to

race, color, disability, sex, religion, age, or national origin.

The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the commission to avoid the

unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the

commission's personnel is in accordance with state and federal

law and a description of reasonable methods to achieve compliance

with state and federal law.

(e) The policy statement must:

(1) be updated annually;

(2) be reviewed by the state Commission on Human Rights for

compliance with Subsection (d)(1); and

(3) be filed with the governor's office.

(f) The executive director or the executive director's designee

shall provide to members of the commission and to commission

employees, as often as necessary, information regarding the

requirements for office or employment under this chapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers or employees.

Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Renumbered from Sec. 81.007 and amended by Acts

1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3, eff. Sept. 1,

1979. Amended by Acts 1985, 69th Leg., ch. 619, Sec. 10, eff.

Sept. 1, 1985; Acts 1995, 74th Leg. ch. 76, Sec. 8.143, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 693, Sec. 23(1), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, Sec. 11, eff. Sept.

1, 1999; Acts 1999, 76th Leg., ch. 1460, Sec. 2.09, eff. Sept. 1,

1999.

Sec. 81.009. EMPLOYEES. (a) The commission may hire employees

it considers necessary to carry out the purposes of this chapter.

(b) The executive director or his designee shall develop an

intraagency career ladder program, one part of which shall

require the intraagency posting of all nonentry level positions

concurrently with any public posting.

(c) The executive director or his designee shall develop a

system of annual performance evaluations based on measurable job

tasks. All merit pay for commission employees must be based on

the system established under this subsection.

Added by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, Sec. 3,

eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 619,

Sec. 11, eff. Sept. 1, 1985.

Sec. 81.013. PRIVATE OUTDOOR TRAINING PROGRAMS FOR CHILDREN WHO

ARE DEAF OR HARD OF HEARING. (a) The commission 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 commission shall select qualified children from across the

state that the commission thinks will benefit from the program.

(c) The commission 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.

Sec. 81.014. INFORMING THE PUBLIC; COMPLAINTS. (a) The

commission shall prepare information of public interest

describing the functions of the commission and describing the

commission's procedures by which complaints are filed with and

resolved by the commission. The commission shall make the

information available to the general public and appropriate state

agencies.

(b) The commission shall adopt rules establishing methods by

which consumers and service recipients can be notified of the

name, mailing address, and telephone number of the commission for

the purpose of directing complaints to the commission. The

commission may provide for such notification through inclusion of

the information:

(1) on each registration form, application, or written contract

for services of a person or entity regulated or authorized by

this chapter;

(2) on a sign that is prominently displayed in the place of

business of each person or entity regulated or authorized by this

chapter; or

(3) on a bill for service provided by a person or entity

regulated or authorized by this chapter.

(c) The commission, at least quarterly until final disposition

of the complaint, shall notify the person filing the complaint

and each person who is a subject of the complaint of the status

of the investigation unless the notice would jeopardize an

undercover investigation.

(d) The commission shall maintain a file on each written

complaint filed with the commission. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the commission;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

commission closed the file without taking action other than to

investigate the complaint.

(e) The commission shall provide to the person filing the

complaint and to each person who is a subject of the complaint a

copy of the commission's policies and procedures relating to

complaint investigation and resolution.

(f) The commission shall adopt rules to establish reasonable

time limits for the resolution of complaints.

Added by Acts 1985, 69th Leg., ch. 619, Sec. 15, eff. Sept. 1,

1985. Amended by Acts 1999, 76th Leg., ch. 122, Sec. 12, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, Sec. 6, eff. May

23, 2003.

Sec. 81.015. ADVERTISEMENT. (a) The commission may not adopt

rules restricting competitive bidding or advertising by a person

regulated by the commission except to prohibit false, misleading,

or deceptive practices by the person.

(b) The commission may not include in its rules to prohibit

false, misleading, or deceptive practices by a person regulated

by the commission a rule that:

(1) restricts the person's use of any medium for advertising;

(2) restricts the person's personal appearance or use of his

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 commission may advertise to promote awareness and use of

the programs, services, and activities conducted by the

commission. The commission 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.

Sec. 81.016. CONTRACTS FOR SERVICES. (a) Before the commission

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 commission 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 commission's consideration. The notice

must also clearly state the criteria that the commission will

consider in determining which applicant will be awarded the

contract or grant.

(c) The commission shall review all proposals submitted under

this section and shall award the contract or grant to the

applicant that the commission determines is best able to provide

the needed services. The commission may not award contracts or

grants to a former employee of the commission within two years

after the person's employment with the commission ceased.

(d) To ensure an equitable distribution of contract or grant

funds, the commission 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 commission 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.

Sec. 81.017. MEMORANDUM OF UNDERSTANDING. (a) The commission

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 Department of Assistive and Rehabilitative Services;

(8) the Texas School for the Deaf;

(9) the Texas Department of Criminal Justice; and

(10) 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

commission 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, Sec. 25.117, eff. September 1, 2009.

Sec. 81.019. SYMBOLS OR OTHER FORMS OF IDENTIFICATION FOR

HEARING IMPAIRED PERSONS. (a) The commission 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

commission for the symbol or other form of identification. The

commission may require acceptable medical proof that a person is

deaf or hard of hearing and may set a fee for each symbol or

other form of identification to defray the costs of administering

this section.

(c) The commission 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.

Sec. 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS DEVICES.

The commission may not advertise, distribute, or publish the name

or address or other related information received by the

commission about an individual who applies for assistance

regarding telecommunications devices.

Added by Acts 1999, 76th Leg., ch. 122, Sec. 15, eff. Sept. 1,

1999.

Sec. 81.021. SPECIALIZED LICENSE PLATE PROGRAM. The commission

shall develop rules and guidelines for the use of funds collected

from the sale of specialized license plates under Section

502.2722, Transportation Code, and appropriated to the commission

in accordance with that section 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.