CHAPTER 117. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
CHAPTER 117. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 117.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services Commission.
(2) "Commissioner" means the commissioner of assistive and
rehabilitative services.
(3) "Council" means the Assistive and Rehabilitative Services
Council.
(4) "Department" means the Department of Assistive and
Rehabilitative Services.
(5) "Executive commissioner" means the executive commissioner of
the Health and Human Services Commission.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.002. AGENCY. The department is an agency of the state.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.003. SUNSET PROVISION. The Department of Assistive and
Rehabilitative Services is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the department is abolished and this
chapter expires September 1, 2013.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 3.07, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.13, eff. July 10, 2009.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 117.021. ASSISTIVE AND REHABILITATIVE SERVICES COUNCIL.
(a) The Assistive and Rehabilitative Services Council is created
to assist the commissioner in developing rules and policies for
the department.
(b) The council is composed of nine members of the public
appointed by the governor with the advice and consent of the
senate. To be eligible for appointment to the council, a person
must have demonstrated an interest in and knowledge of problems
and available services related to early childhood intervention
services or to persons with disabilities other than developmental
delay and mental retardation and persons who are blind, deaf, or
hard of hearing.
(c) The council shall study and make recommendations to the
executive commissioner and the commissioner regarding the
management and operation of the department, including policies
and rules governing the delivery of services to persons who are
served by the department and the rights and duties of persons who
are served or regulated by the department.
(d) Chapter 551, Government Code, applies to the council.
(e) Chapter 2110, Government Code, does not apply to the
council.
(f) A majority of the members of the council constitute a quorum
for the transaction of business.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.022. APPOINTMENTS. (a) Appointments to the council
shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.
(b) Appointments to the council shall be made so that each
geographic area of the state is represented on the council.
Notwithstanding Subsection (a), appointments to the council must
reflect the ethnic diversity of this state.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A
person who is appointed as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the council 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 department and the council;
(2) the programs operated by the department;
(3) the role and functions of the department and the council,
including detailed information regarding:
(A) the division of authority and of responsibility between the
commissioner and the executive commissioner; and
(B) the advisory responsibilities of the council;
(4) the rules of the executive commissioner applicable to the
department, with an emphasis on the rules that relate to
disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(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 executive
commissioner or the Texas Ethics Commission.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.024. TERMS. (a) Council members serve for staggered
six-year terms with the terms of three members expiring February
1 of each odd-numbered year.
(b) A member of the council may not serve more than two
consecutive full terms as a council member.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.025. VACANCY. The governor by appointment shall fill
the unexpired term of a vacancy on the council.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a)
The governor shall designate a member of the council as the
presiding officer to serve in that capacity at the pleasure of
the governor.
(b) The members of the council shall elect any other necessary
officers.
(c) The council shall meet quarterly and at other times at the
call of the presiding officer. The council may hold meetings in
different areas of the state.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.027. REIMBURSEMENT FOR EXPENSES. A council member may
not receive compensation for service as a member of the council
but is entitled to reimbursement for travel expenses incurred by
the member while conducting the business of the council as
provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.028. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)
The commissioner, with the advice of the council, shall prepare
information of public interest describing the functions of the
department and the procedures by which complaints are filed with
and resolved by the department. The commission shall make the
information available to the public and appropriate state
governmental entities.
(b) The executive commissioner by rule shall establish methods
by which consumers and service recipients are notified of the
name, mailing address, and telephone number of the department for
directing complaints to the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.029. PUBLIC ACCESS AND TESTIMONY. (a) The
commissioner shall develop and implement policies that provide
the public with a reasonable opportunity to appear before the
commissioner and to speak on any issue under the jurisdiction of
the department.
(b) The commissioner shall grant an opportunity for a public
hearing before the council makes recommendations to the
commissioner regarding a substantive rule if a public hearing is
requested by:
(1) at least 25 persons;
(2) a governmental entity; or
(3) an association with at least 25 members.
(c) The executive commissioner shall consider fully all written
and oral submissions about a proposed rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.030. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The
commissioner, with the advice of the council and subject to the
approval of the executive commissioner, shall develop and the
department shall implement policies that clearly delineate the
policymaking responsibilities of the executive commissioner from
the management responsibilities of the commission, the
commissioner, and the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.031. ANNUAL REPORT. (a) The commissioner shall file
annually with the governor, the presiding officer of each house
of the legislature, and the executive commissioner a complete and
detailed written report accounting for all funds received and
disbursed by the department during the preceding fiscal year.
(b) The annual report must be in the form and be reported in the
time provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.032. OFFICES. The department shall maintain its
central office in Austin. The department may maintain offices in
other areas of the state as necessary.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
SUBCHAPTER C. PERSONNEL
Sec. 117.051. COMMISSIONER. (a) The executive commissioner
shall appoint a commissioner of the department with the approval
of the governor. The commissioner is to be selected according to
education, training, experience, and demonstrated ability.
(b) The commissioner serves at the pleasure of the executive
commissioner.
(c) Subject to the control of the executive commissioner, the
commissioner shall act as the department's chief administrative
officer and as a liaison between the department and commission.
(d) The commissioner shall administer this chapter under
operational policies established by the executive commissioner
and in accordance with the memorandum of understanding under
Section 531.0055(k), Government Code, between the commissioner
and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.052. PERSONNEL. (a) The department may employ,
compensate, and prescribe the duties of personnel necessary and
suitable to administer this chapter.
(b) The executive commissioner shall prepare and by rule adopt
personnel standards.
(c) A personnel position may be filled only by an individual
selected and appointed on a nonpartisan, merit basis.
(d) The commissioner, with the advice of the council, shall
develop and the department shall implement policies that clearly
define the responsibilities of the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF
CONDUCT. The commissioner or the commissioner's designee shall
provide to department employees, as often as necessary,
information regarding the requirements for employment under this
chapter or rules adopted by the executive commissioner, including
information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
employees.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.054. MERIT PAY. Subject to rules adopted by the
executive commissioner, the commissioner or the commissioner's
designee shall develop a system of annual performance
evaluations. All merit pay for department employees must be given
under the system established under this section or under rules
adopted by the executive commissioner.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.055. CAREER LADDER. The commissioner or the
commissioner's designee shall develop an intra-agency career
ladder program. The program must require intra-agency postings of
all nonentry-level positions concurrently with any public
posting.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) Subject
to rules adopted by the executive commissioner, the commissioner
or the commissioner's designee shall prepare and maintain a
written policy statement that implements a program of equal
employment opportunity to ensure that all personnel decisions are
made without regard to race, color, disability, sex, religion,
age, or national origin.
(b) Unless the following are included in a policy statement
adopted by the executive commissioner that is applicable to the
department, 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 department 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
department's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.058. SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES. (a)
The department shall establish and require employee participation
in a specialized training program for certain employees,
including vocational rehabilitation transition specialists and
transition counselors, whose duties involve assisting youth with
disabilities to transition to post-schooling activities, services
for adults, or community living.
(b) The training program must provide employees with information
regarding:
(1) supports and services available from other health and human
services agencies for:
(A) youth with disabilities who are transitioning into
post-schooling activities, services for adults, or community
living; and
(B) adults with disabilities;
(2) community resources available to improve the quality of life
for:
(A) youth with disabilities who are transitioning into
post-schooling activities, services for adults, or community
living; and
(B) adults with disabilities; and
(3) other available resources that may remove transitional
barriers for youth with disabilities who are transitioning into
post-schooling activities, services for adults, or community
living.
(c) In developing the training program required by this section,
the department shall collaborate with other health and human
services agencies as necessary.
Added by Acts 2007, 80th Leg., R.S., Ch.
465, Sec. 2, eff. September 1, 2007.
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
Sec. 117.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
department is responsible for administering human services
programs to provide early childhood intervention services and
rehabilitation and related services to persons who are blind,
deaf, or hard of hearing. The department is also responsible for
providing and coordinating programs for the rehabilitation of
persons with disabilities so that those persons may prepare for
and engage in a gainful occupation or achieve maximum personal
independence.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.072. INFORMATION REGARDING COMPLAINTS. (a) The
department shall maintain a file on each written complaint filed
with the department. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the department;
(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
department closed the file without taking action other than to
investigate the complaint.
(b) The department shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the executive commissioner's and the department's
policies and procedures relating to complaint investigation and
resolution.
(c) The department, 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.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.073. RULES. The executive commissioner may adopt rules
reasonably necessary for the department to administer this
chapter, consistent with the memorandum of understanding under
Section 531.0055(k), Government Code, between the commissioner
and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13, eff. Dec. 29,
2003.
Sec. 117.074. RATES FOR MEDICAL SERVICES. (a) The executive
commissioner by rule shall adopt standards governing the
determination of rates paid for medical services provided under
this chapter. The rules must provide for an annual reevaluation
of the rates.
(b) The executive commissioner shall establish a schedule of
rates based on the standards adopted under Subsection (a). In
adopting the rate schedule, the executive commissioner shall:
(1) compare the proposed rate schedule to other cost-based and
resource-based rates for medical services, including rates paid
under the Medicaid and Medicare programs; and
(2) for any rate adopted that exceeds the Medicaid or Medicare
rate for the same or a similar service, document the reasons why
the adopted rate reflects consideration of the best value,
provider availability, and consumer choice.
(c) The executive commissioner shall provide notice to
interested persons and allow those persons to present comments
before adopting the standards and schedule of rates under
Subsections (a) and (b).
Added by Acts 2005, 79th Leg., Ch.
211, Sec. 1, eff. September 1, 2005.
Sec. 117.076. INFORMATION REGARDING VELOCARDIOFACIAL SYNDROME.
(a) The commission shall ensure that each health and human
services agency that provides intervention services to young
children is provided with information developed by the commission
regarding velocardiofacial syndrome.
(b) Each health and human services agency described by
Subsection (a) shall provide the information regarding
velocardiofacial syndrome to appropriate health care coordinators
and therapists and to parents of a child who is known by the
agency to have at least two of the following conditions:
(1) hypotonicity;
(2) communication delay;
(3) articulation disorder;
(4) resonance disorder;
(5) nasal regurgitation during feeding as an infant with no
history of a cleft palate;
(6) recurrent ear infections as well as diagnosis of cardiac
anomaly, feeding disorder, cleft palate, or submucosal cleft
palate; or
(7) fine motor or gross motor skills delay.
(c) The commission shall develop the information required under
Subsection (a) using medically accurate, peer-reviewed
literature. The information must include:
(1) an explanation of velocardiofacial syndrome symptoms,
diagnosis, and treatment options;
(2) information on relevant state agency and nonprofit
resources, parent support groups, and available Medicaid waiver
programs; and
(3) a recommendation for follow-up with a health care provider
for evaluation of the underlying etiology and an explanation that
the existence of any of the conditions listed in Subsection (b)
will not necessarily result in a diagnosis of velocardiofacial
syndrome.
(d) The executive commissioner may adopt rules as necessary to
implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
818, Sec. 1, eff. September 1, 2009.