CHAPTER 91. TEXAS COMMISSION FOR THE BLIND

HUMAN RESOURCES CODE

TITLE 5. SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED

CHAPTER 91. TEXAS COMMISSION FOR THE BLIND

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 91.001. SUNSET PROVISION. The Texas Commission for the

Blind is subject to Chapter 325, Government Code (Texas Sunset

Act). Unless continued in existence as provided by that chapter,

the commission is abolished and this chapter expires effective

September 1, 2011.

Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 479, Sec.

213, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 793, Sec. 1,

eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

4.05, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 213, Sec. 1,

eff. Sept. 1, 1999.

Sec. 91.002. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission for the Blind.

(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 commission can provide.

(4) "Visual handicap" 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 handicaps 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.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 91.011. TEXAS COMMISSION FOR THE BLIND. (a) The Texas

Commission for the Blind is composed of nine members appointed by

the governor with the consent of the senate. Except as provided

by this subsection, appointments to the commission shall be made

without regard to the race, color, disability, sex, religion,

age, or national origin of the appointees. Five members must be

blind or visually impaired residents of the state, one member

must be a family member, relative, or guardian of a blind or

visually impaired resident of the state, and three members must

be members of the general public. A person is not eligible for

appointment as a public member 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 tangible goods,

services, or funds from the commission.

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

be a commission employee 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 service provision to

persons who are blind or visually impaired or a field that

otherwise relates to persons who are blind or visually impaired;

or

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

consultant of a Texas trade association in the field of service

provision to persons who are blind or visually impaired or a

field that otherwise relates to persons who are blind or visually

impaired.

In this subsection "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.

(c) 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.

(d) Members of the commission hold office for terms of six years

with the terms of three members expiring on February 1 of

odd-numbered years.

(e) Commission members and consumer advisory committee members

are entitled to a per diem, set by the General Appropriations

Act, for each day of attendance at an official meeting as

authorized by the commission. Commission members are entitled to

reimbursement for necessary expenses of travel on official

business. Consumer advisory committee members are entitled to

reimbursement for travel expenses in the same manner as state

employees. A commission member or consumer advisory committee

member who is disabled and, because of the disability, requires

special aids or a travel attendant in order to attend an official

meeting is entitled to reimbursement for the cost of the special

aids or attendant in accordance with rules set by the commission.

(f) The governor shall designate a member of the commission to

serve as presiding officer, and the officer shall serve at the

governor's pleasure.

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

transaction of business.

(h) The commission shall adopt rules prescribing the policies

and procedures followed by the commission in the administration

of its programs.

Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842,

art. 2, Sec. 11, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p.

2831, ch. 484, art. II, Sec. 3, eff. June 19, 1983; Acts 1985,

69th Leg., ch. 793, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th

Leg., ch. 167, Sec. 2.19(17), eff. Sept. 1, 1987; Acts 1999, 76th

Leg., ch. 213, Sec. 1, eff. Sept. 1, 1999.

Sec. 91.012. EXECUTIVE DIRECTOR. (a) The commissioner of

health and human services shall employ an executive director in

accordance with Section 531.0056, Government Code.

(b) The commissioner of health and human services shall select

the executive director, according to established personnel

standards, on the basis of education, training, experience, and

demonstrated ability.

(c) The executive director shall adopt personnel policies.

(d) The executive director:

(1) shall appoint personnel necessary to efficiently accomplish

commission purposes;

(2) may delegate to an employee a power of the executive

director except the power to adopt rules or appoint personnel;

(3) shall establish appropriate administrative units within

commission programs;

(4) may accept and use gifts and grants to the commission to

carry out the purposes of this title, if the commission

determines that the conditions of the gift or grant are

consistent with this title; and

(5) may take other actions that the executive director considers

necessary or appropriate to carry out commission purposes.

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.

Sec. 91.013. AUDIT. The financial transactions of the

commission are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

Acts 1979, 66th Leg., p. 2397, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 5,

eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, Sec. 14, eff.

Sept. 1, 1989.

Sec. 91.014. FUNDS. (a) All sums of money paid to the

commission under this title shall be deposited in the State

Treasury and may be used only for the administration of this

title.

(b) Interest earned on funds deposited in the State Treasury

from gifts and grants received by the commission under Section

91.012 of this code and from proceeds from the operation of

vending facilities under Chapter 94 of this code shall be

credited to the fund on which the interest is earned.

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.

Sec. 91.015. REMOVAL OF COMMISSION MEMBER. (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 (a) of Section 91.011 of this code for

appointment to the commission;

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

qualifications required by Subsection (a) of Section 91.011 of

this code for appointment to the commission;

(3) violates a prohibition established by Subsection (b) of

Section 91.011 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 half of the regularly scheduled

commission meetings which 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, the executive director shall notify

the presiding officer of the commission of the potential ground.

The presiding officer shall then notify the governor and the

attorney general that a potential ground for removal exists. If

the potential ground for removal involves the presiding officer,

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. 793, Sec. 7, eff. Sept. 1,

1985. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 3, eff.

Sept. 1, 1999.

Sec. 91.016. PERSONNEL POLICIES. (a) 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.

(b) 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 section.

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

shall provide to members and employees of the commission as often

as is necessary information regarding their qualifications under

this title and their responsibilities under applicable laws

relating to standards of conduct for state officers or employees.

(d) The commission shall develop and implement policies which

clearly separate the policymaking responsibilities of the

commission and the management responsibilities of the executive

director and the staff of the commission.

(e) The commission by rule may develop and implement policies

allowing shift differentials to be paid to employees in the

vocational rehabilitation program.

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.

Sec. 91.0165. CRIMINAL HISTORY RECORD INFORMATION. (a) The

commission may obtain from any law enforcement or criminal

justice agency the criminal history record information that

relates to a person applying to become an employee of the

commission.

(b) The commission by rule shall establish criteria for denying

a person's employment application based on the results of a

criminal history check.

Added by Acts 1999, 76th Leg., ch. 213, Sec. 5, eff. Sept. 1,

1999.

Sec. 91.017. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a)

The executive director or the executive director's designee

shall prepare and maintain a written policy statement to ensure

that 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.

(b) The policy statement must:

(1) be updated annually;

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

compliance with Subsection (a)(1); and

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

Added by Acts 1985, 69th Leg., ch. 793, Sec. 9, eff. Sept. 1,

1985. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 23(1), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 213, Sec. 5, eff. Sept.

1, 1999.

Sec. 91.018. RELATIONS WITH PUBLIC. (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 promulgate rules establishing methods

by which consumers or 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 the 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 title;

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

business of each person or entity regulated or authorized by this

title; or

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

regulated or authorized by this title.

(c) Except as required by federal regulations for resolving

complaints received from people who are receiving service from

the commission, 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

agency closed the file without taking action other than to

investigate the complaint.

(d) 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 complaint unless the notice would jeopardize an undercover

investigation.

(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 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.

(g) The commission shall establish a consumer advisory committee

and adopt rules relating to the committee's size, geographical

representation, meetings, duties, and reporting requirements.

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.

Sec. 91.019. REPORT; POSTING OF REPORT AND PERFORMANCE DATA.

(a) 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.

(b) The commission shall post on the Internet in an accessible

format the report required under this section and any other

agency performance data required to be reported to this state or

the federal government. If a report or performance data contain

confidential information, the commission shall remove the

confidential information before posting the report or performance

data.

Added by Acts 1985, 69th Leg., ch. 793, Sec. 11, eff. Sept. 1,

1985. Amended by Acts 1999, 76th Leg., ch. 213, Sec. 6, eff.

Sept. 1, 1999.

Sec. 91.020. TRAINING OF COMMISSION MEMBERS. (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. 213, Sec. 7, eff. Sept. 1,

1999.

SUBCHAPTER C. GENERAL POWERS AND DUTIES OF THE COMMISSION

Sec. 91.0205. 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

executive director 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. 2.11, eff. Sept. 1,

1999.

Sec. 91.021. RESPONSIBILITY FOR VISUALLY HANDICAPPED PERSONS.

(a) The commission has primary responsibility for providing all

services to visually handicapped persons except welfare services

and services for children provided by regularly established

educational agencies and state authorities.

(b) The commission shall negotiate interagency agreements with

other state agencies to provide services for individuals who have

both a visual handicap and another handicapping condition so that

those multiply handicapped individuals may be provided the most

beneficial services with the greatest possible economy.

(c) The commission and other concerned state agencies may not

refuse to enter an interagency agreement developed to advance the

state's policies regarding the rehabilitation or education of the

blind and visually handicapped. In negotiating the agreements the

agencies shall seek to extend and improve the regular services

provided by the agencies and to effectively use all specialty and

fiscal resources that are available. The agencies shall give

careful consideration to avoiding unnecessary duplication or

overlap of their respective efforts.

(d) The commission shall enter into agreements with the federal

government to implement federal legislation authorizing the

provision of services to the visually handicapped. The commission

shall adopt methods of administration required by the federal

government for the proper and efficient implementation of the

agreements, and shall comply with other federal requirements

necessary to secure the full benefits of the federal legislation.

(e) The commission and other concerned state agencies may not

refuse to enter interagency agreements designed to secure the

full benefits of federal legislation authorizing services for the

visually handicapped.

(f) The commission shall:

(1) serve as an information center and referral resource for the

visually handicapped; and

(2) develop mechanisms and procedures that tend to assist

visually handicapped individuals in bridging gaps between

educational, institutional, rehabilitative, vocational, and

related types of services operated by public and private

nonprofit organizations throughout the state.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

Acts 1979, 66th Leg., p. 2397, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842,

art. 2, Sec. 12, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch.

793, Sec. 12, eff. Sept. 1, 1985; Acts 2003, 78th Leg., ch. 198,

Sec. 2.130, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325,

Sec. 13.08, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.06, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

Sec. 91.022. SERVICE DELIVERY. (a) The commission shall

establish and maintain, by rule, guidelines for the delivery of

services by the commission. The guidelines must be consistent

with state and federal law and regulations and must include rules

relating to:

(1) oversight and monitoring of service delivery;

(2) guidance to counselors on service delivery procedures;

(3) case management benchmarks establishing reasonable time

frames for service delivery; and

(4) financial planning information for the commission.

(b) The commission shall establish written procedures relating

to the evaluation of services delivered by the commission to

provide guidance to counselors and commission employees. These

procedures must include methods to evaluate:

(1) client progress;

(2) service delivery effectiveness; and

(3) counselor performance.

Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1,

1999.

Sec. 91.023. REHABILITATION SERVICES. The commission may

furnish materials, tools, books, and other necessary apparatus

and assistance for use in rehabilitating blind and visually

handicapped persons.

Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 91.027. BLINDNESS EDUCATION, SCREENING, AND TREATMENT

PROGRAM. (a) To the extent that funds are available under

Sections 521.421(j) and 521.422(b), Transportation Code, the

commission 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 blind disabled individuals eligible

for vocational rehabilitation services under Section 91.052.

(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 commission 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, Sec. 27.002(11), eff. September 1, 2009.

Sec. 91.028. SERVICES FOR CHILDREN WITH VISUAL IMPAIRMENTS. (a)

The commission may provide services to children with visual

impairments to supplement the services provided by other state

agencies if the commission 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 commission 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 commission 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 commission under Subsection (b).

(d) The commission shall verify the Medicaid eligibility of a

client who is required by the commission to apply for Medicaid

not later than the 90th day after the date the application for

services from the commission is made.

(e) In verifying Medicaid eligibility, an employee of the

commission shall:

(1) examine appropriate state or private Medicaid eligibility

databases; and

(2) record on each client's application for services 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 commission 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.

Sec. 91.0301. LOANS FOR VISUAL AIDS. (a) The commission may

establish a program to make loans to finance the purchase of

technological aids for visually handicapped persons. Interest on

the loans may not exceed 10 percent a year.

(b) The executive director may promulgate rules to administer

the loan program, subject to approval of the commission.

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.

Sec. 91.031. CONTRACTS FOR SERVICE. (a) The commission shall

include in its contracts with service providers 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 commission shall monitor a service provider's

performance under a contract for service. In monitoring

performance, the commission 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.

Sec. 91.032. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The commission

shall include in a contract with a supplier of adaptive

technology equipment provisions that require the supplier to

provide training for clients receiving the adaptive technology

equipment.

Added by Acts 1999, 76th Leg., ch. 213, Sec. 8, eff. Sept. 1,

1999.

SUBCHAPTER D. VOCATIONAL REHABILITATION OF THE BLIND

Sec. 91.051. DEFINITIONS. In this subchapter:

(1) "Program" means the vocational rehabilitation program

authorized in this subchapter.

(2) Repealed by Acts 1985, 69th Leg., ch. 793, Sec. 38, eff.

Sept. 1, 1985.

(3) "Employment handicap" means a physical or mental condition

that obstructs or impairs, or if not corrected will probably

obstruct or impair, an individual's performance in an occupation.

(4) "Disabled individual" means a person who has a substantial

employment handicap.

(5) "Blind disabled individual" means a person who is blind or

who has a visual condition for which medical prognosis indicates

a progressive deterioration that may result in a substantial

vocational handicap.

(6) "Vocational rehabilitation" or "vocational rehabilitation

services" means services that are provided directly by the

commission or through a public or private agency and that the

director determines are necessary to compensate a blind disabled

individual for an employment handicap so that the individual may

engage in a remunerative occupation. The terms include, but are

not limited to, medical and vocational diagnosis; vocational

guidance, counseling, and placement; rehabilitation training;

physical restoration; transportation; occupational licenses;

customary occupational tools and equipment; maintenance; training

books and materials; and other goods and services for which the

commission receives financial support under federal law.

(7) "Rehabilitation training" means all necessary training

provided to a blind disabled individual to compensate for an

employment handicap. The term includes, but is not limited to,

manual, preconditioning, prevocational, vocational, and

supplementary training and training to achieve broader and more

lucrative skills and capacities.

(8) "Physical restoration" means medical, surgical, or

therapeutic treatment necessary to correct or substantially

reduce a blind disabled individual's employment handicap within a

reasonable period of time. The term includes, but is not limited

to, medical, surgical, dental, and psychiatric treatment, nursing

services, hospital care, convalescent home care, drugs, medical

and surgical supplies, and prosthetic appliances. The term

excludes treatment to cure acute or transitory conditions.

(9) "Prosthetic appliance" means an artificial device necessary

to support or replace a part of the body or to increase the

acuity of a sensory organ.

(10) "Occupational license" means a license, permit, or other

written authorization required by a governmental unit as a

condition for engaging in an occupation.

(11) "Maintenance" means money payments not exceeding the

estimated cost of subsistence during vocational rehabilitation.

(12) Repealed by Acts 1985, 69th Leg., ch. 793, Sec. 38, eff.

Sept. 1, 1985.

Acts 1979, 66th Leg., p. 2399, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 38,

eff. Sept. 1, 1985.

Sec. 91.052. VOCATIONAL REHABILITATION PROGRAM FOR THE BLIND.

(a) The commission shall conduct a program to provide vocational

rehabilitation services to eligible blind disabled individuals.

(b) To achieve the purposes of the program, the commission may:

(1) cooperate with other public and private agencies in studying

the problems involved in providing vocational rehabilitation and

in establishing, developing, and providing necessary or desirable

facilities and services;

(2) enter reciprocal agreements with other states to provide

vocational rehabilitation for the residents of the states

concerned; and

(3) conduct research and compile statistics relating to the

vocational rehabilitation of blind disabled individuals.

Acts 1979, 66th Leg., p. 2400, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 91.053. COOPERATION WITH FEDERAL GOVERNMENT. (a) The

commission shall cooperate with the federal government to

accomplish the purposes of federal laws relating to vocational

rehabilitation and closely related activities.

(b) The commission shall negotiate agreements or plans with the

federal government and shall adopt efficient methods of

administration and comply with other conditions required to

secure the full benefits of the federal laws. If the commission

determines that a provision of state law precludes conformity

with a federal requirement and limits federal financial support,

the commission:

(1) may waive or modify the state law to the extent necessary to

obtain the full benefits of the federal law; and

(2) shall include in the report required by Section 91.019 a

description of the manner in which state law conflicts with

federal law.

(c) In adopting the methods of administration, the commission

shall include a system of necessary staffing patterns, personnel

administration, and employee compensation comparable to the

systems used by state agencies that receive substantial federal

financial support. However, the commission may not employ

personnel or adopt a system of merit pay that is not authorized

in the commission's state appropriation unless the commission

certifies to the state auditor that the commission's action is

necessary to accomplish its statutory purposes and that the

action will not be financed with state funds. The commission

shall submit financial information required by the state auditor

to support the certification.

Acts 1979, 66th Leg., p. 2400, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 8,

eff. Sept. 1, 1995.

Sec. 91.055. ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES.

The commission shall provide vocational rehabilitation services

to a blind disabled individual eligible for those services under

federal law.

Acts 1979, 66th Leg., p. 2401, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 14,

eff. Sept. 1, 1985.

Sec. 91.056. RECEIPT AND DISBURSEMENT OF FUNDS. (a) The

comptroller is custodian of federal funds received by the state

to implement federal law relating to vocational rehabilitation.

(b) The executive director shall certify for disbursement funds

available for the vocational rehabilitation program in accordance

with regulations.

(c) The comptroller shall disburse state and federal vocational

rehabilitation funds on certification by the executive director.

Acts 1979, 66th Leg., p. 2401, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 15,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1423, Sec. 9.03,

eff. Sept. 1, 1997.

Sec. 91.058. HEARINGS. An applicant for or recipient of

vocational rehabilitation services who is aggrieved by an action

or inaction under the program is entitled to a hearing by the

commission in accordance with law.

Acts 1979, 66th Leg., p. 2402, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 91.059. MISUSE OF INFORMATION. Except for purposes

directly connected with the administration of the vocational

rehabilitation program and according to commission rules, no

person may solicit, disclose, receive, use, or knowingly permit

the use of records or other information concerning an applicant

for or recipient of vocational rehabilitation services that is

directly or indirectly acquired by an officer or employee of the

state or its political subdivisions in the course of his or her

official duties.

Acts 1979, 66th Leg., p. 2402, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 16,

eff. Sept. 1, 1985.

SUBCHAPTER E. CENTRAL MEDIA DEPOSITORY

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, the Texas Education Agency, the Texas

Commission for the Blind, 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.

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

blind and visually handicapped individuals or by other

individuals who are unable to use ordinary printed materials.

(b) With the approval of the 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.

Sec. 91.083. ANCILLARY SERVICES. The 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.

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.