Title HR, Human Resources Code

Sec. 111.053. COOPERATION WITH THE FEDERAL GOVERNMENT. (a) The department shall make agreements, arrangements, or plans to cooperate with the federal government in carrying out the purposes of this chapter and Subchapter F, Chapter 117, or of any federal statutes pertaining to re…

Sec. 111.054. OBTAINING FEDERAL FUNDS. The department may comply with any requirements necessary to obtain federal funds relating to this chapter or Subchapter F, Chapter 117, in the maximum amount and most advantageous proportion possible. Acts 1979, 66th Leg., p. 2423, ch. 842,…

Sec. 111.055. FINANCES. (a) All money paid to the department under this chapter or Subchapter F, Chapter 117, shall be deposited in the state treasury. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(100), eff. April 2, 2015. Acts 1979, 66th Leg., p. 2423, ch. 84…

Sec. 111.0553. PROCUREMENT METHODS. (a) The executive commissioner shall adopt and the department shall implement in relation to this chapter and Subchapter F, Chapter 117, agency-wide procurement procedures to: (1) ensure compliance with the best-value purchasing requirements of…

Sec. 111.056. GIFTS AND DONATIONS. The department may receive and use gifts and donations for carrying out the purposes of this chapter and Subchapter F, Chapter 117. No person may receive payment for solicitation of any funds. Acts 1979, 66th Leg., p. 2424, ch. 842, art. 1, Sec.…

Sec. 111.057. UNLAWFUL USE OF LISTS OF NAMES. (a) Except for purposes directly connected with the administration of health and human service programs and in accordance with regulations, it is unlawful for a person to solicit, disclose, receive, or make use of, or authorize, knowi…

Sec. 111.059. SUBROGATION. (a) In furnishing a person rehabilitation services, including medical care services, under this chapter or Subchapter F, Chapter 117, the department is subrogated to the person's right of recovery from: (1) personal insurance; (2) another person for per…

Sec. 111.060. COMPREHENSIVE REHABILITATION ACCOUNT. (a) The comprehensive rehabilitation account is an account in the general revenue fund. Money in the account is derived from court costs collected under Section 133.102, Local Government Code. Money in the account may be appropr…

Sec. 112.001. DEFINITIONS. In this chapter: (1) "Council" means the Texas Council for Developmental Disabilities. (2) "Designated state agency" means the executive agency designated by the governor to provide administrative support and fiscal management services to the council in…

Sec. 112.002. PURPOSE AND LEGISLATIVE FINDINGS. (a) The purpose of this chapter is to establish a developmental disabilities program that assures compliance with applicable federal developmental disability laws. (b) The legislature finds that persons with developmental disabiliti…

Sec. 112.011. ESTABLISHMENT. The Texas Council for Developmental Disabilities is established. Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff. Aug. 29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1, 1999.

Sec. 112.0111. DEFINITION. In this subchapter, "executive director" means the executive director of the council. Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1, 1999.

Sec. 112.012. MEMBERS. The members of the council shall be appointed by the governor in accordance with applicable federal developmental disability laws. The governor may appoint as many members to the council as is determined appropriate for the council to accomplish its purpose…

Sec. 112.013. TERMS. (a) Members of the council appointed by the governor serve for staggered terms of six years with the term of one-third or approximately one-third of the members expiring on February 1 of each odd-numbered year. (b) A person may not serve on the council more t…

Sec. 112.014. VACANCIES. (a) A position on the council becomes vacant if: (1) a member resigns from the council by providing written notice to the chair; or (2) a member ceases to be a resident of this state. (b) If a position on the council becomes vacant, the chair shall provid…

Sec. 112.015. EXPENSES. (a) Council members appointed under Section 112.012 serve without salary but are entitled to reimbursement for actual expenses incurred in performing their duties, including travel, meals, lodging, and telephone long-distance charges. (b) Members of the co…

Sec. 112.016. OFFICERS. (a) The governor shall designate a member of the council to be the presiding officer. (b) The presiding officer serves in that capacity at the will of the governor. (c) A representative of a state agency may not serve as chair or vice-chair. (d) The counci…

Sec. 112.0161. CONFLICTS OF INTEREST. (a) 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 b…

Sec. 112.0162. REMOVAL OF COUNCIL MEMBER. (a) It is a ground for removal from the council that a member: (1) does not have at the time of taking office the qualifications required by applicable federal developmental disability laws; (2) is ineligible for membership under Section …

Sec. 112.0163. COUNCIL MEMBER TRAINING. (a) A person who is appointed to and qualifies for office 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 w…

Sec. 112.017. BYLAWS. The council may adopt bylaws and policies consistent with this chapter and applicable state or federal law. Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff. Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 16, eff. Sept. 1, 1985.

Sec. 112.018. DESIGNATED STATE AGENCY. (a) The governor shall designate, by executive order, a state agency to provide administrative support to the council and receive federal and state funds appropriated for the council. In accordance with federal law, the governor may select o…

Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES. (a) The council shall develop and submit the state plan for persons with developmental disabilities. The plan must conform to applicable federal developmental disability laws. (b) Unless the council is serving as the design…

Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES. (a) In addition to powers and duties derived by the council from applicable federal developmental disability laws or other provisions of this chapter, the council shall: (1) undertake at the request of the governor and the legis…

Sec. 112.0201. COMPLAINTS. (a) The council shall maintain a file on each written complaint filed with the council. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the council; (3) the subject matter of the compl…

Sec. 112.021. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. The protection and advocacy system shall have access to records as required by the provisions of the applicable federal disability laws. Added by Acts 1985, 69th Leg., ch. 603, Sec. 20, eff. Sept. 1, 1985.

Sec. 112.022. EXECUTIVE DIRECTOR. (a) The council shall hire an executive director in accordance with 42 U.S.C. Section 15025 and its subsequent amendments to carry out the policies and activities established by the council. (b) The executive director shall hire and supervise nec…

Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The executive director or the executive director'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 with…

Sec. 112.023. SUNSET PROVISION. The Texas Council for Developmental Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2027. Added by…

Sec. 112.041. PURPOSE AND POLICY. (a) Expired. (b) The legislature finds there is a strong need for a unified, comprehensive prevention effort in the State of Texas. Many state agencies, as well as private organizations and local public agencies, are involved in prevention activi…

Sec. 112.042. DEFINITIONS. In this subchapter: (1) "Commission" means the Health and Human Services Commission. (1-a) "Developmental disability" means a severe, chronic disability that: (A) is attributable to a mental or physical impairment or to a combination of a mental and phy…

Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN REFERENCES. (a) Notwithstanding any other provision in this subchapter, the executive commissioner shall administer this subchapter beginning on the date specified in the transition plan under Section 531.0204, Government Code,…

Sec. 112.044. DUTIES. The office shall: (1) educate the public and attempt to promote sound public policy regarding the prevention of developmental disabilities; (2) identify, collect, and disseminate information and data concerning the causes, frequency of occurrence, and preven…

Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED DEVELOPMENTAL DISABILITIES. (a) The executive committee shall establish guidelines for: (1) selecting targeted disabilities; (2) assessing prevention services needs; and (3) reviewing plans, budgets, and operations for programs under…

Sec. 112.049. EVALUATION. (a) The office shall identify or encourage the establishment of needed statistical bases for each targeted group against which the office can measure how effectively a program under Section 112.048 is reducing the frequency or severity of a targeted deve…

Sec. 112.050. GRANTS AND OTHER FUNDING. (a) The executive committee may apply for and distribute private, state, and federal funds to implement prevention policies set by the executive committee. (b) The executive committee shall establish criteria for application and review of f…

Sec. 112.051. REPORTS TO LEGISLATURE. The office shall submit by February 1 of each odd-numbered year biennial reports to the legislature detailing findings of the office and the results of programs under Section 112.048 and recommending improvements in the delivery of developmen…

Sec. 114.002. DEFINITIONS. In this chapter: (1) "Autism and other pervasive developmental disorders" means a subclass of mental disorders characterized by distortions in the development of multiple basic psychological functions that are involved in the development of social skill…

Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN REFERENCES. (a) Notwithstanding any other provision in this chapter, the executive commissioner shall administer this chapter beginning on the date specified in the transition plan under Section 531.0204, Government Code, and the …

Sec. 114.006. STATE PLAN. (a) The council shall develop a state plan to provide services to persons with autism or other pervasive developmental disorders to ensure that: (1) the needs of those persons and their families are addressed statewide and that all available resources ar…

Sec. 114.007. DUTIES. (a) Expired. (b) The council with input from people with autism and other pervasive developmental disorders, their families, and related advocacy organizations shall address contemporary issues affecting services available to persons with autism or other per…

Sec. 114.008. REPORT. (a) Not later than November 1 of each even-numbered year, the council shall: (1) prepare a report summarizing requirements the council identifies and recommendations for providing additional or improved services to persons with autism or other pervasive deve…

Sec. 114.009. PROGRAM GUIDELINES. The council shall develop specific program guidelines for: (1) instructional or treatment options; (2) frequency and duration of services; (3) ratio of staff to affected persons; (4) staff composition and qualifications; (5) eligibility determina…

Sec. 114.010. FUNDING REQUESTS FOR PROGRAMS. (a) A public or private service provider may apply for available funds to provide a program of intervention services for eligible persons with autism or other pervasive developmental disorders in areas of identified needs. (b) To apply…

Sec. 114.011. APPROVAL CRITERIA. (a) The council shall review each request for program funding on a competitive basis and shall consider: (1) the extent to which the program would meet identified needs; (2) the cost of initiating the program, if applicable; (3) whether other fund…

Sec. 114.012. FEES FOR SERVICES. (a) A service provider may charge a fee for services that is based on the client's or family's ability to pay. The fee must be used to offset the cost of providing or securing the services. If a service provider charges a fee, the provider must ch…