HUMAN RESOURCES CODE
SUBTITLE B. STRUCTURE AND FUNCTIONS OF DEPARTMENT OF HUMAN SERVICES
CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT OF HUMAN
SERVICES
§ 21.001. DEPARTMENT OF HUMAN SERVICES. The Texas
Department of Human Services is composed of the Texas Board of Human
Services, the Commissioner of Human Services, and other officers
and employees required to efficiently carry out the purposes of
this title.
Acts 1979, 66th Leg., p. 2337, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 264, § 6, eff. Aug.
26, 1985.
§ 21.002. SUNSET PROVISION. The Texas Department of
Human 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 title expires
September 1, 2011, except that Chapter 40 expires as provided by
Section 40.003.
Acts 1979, 66th Leg., p. 2337, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 4199, ch. 667, § 1,
eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 264, § 7, eff. Aug.
26, 1985; Acts 1985, 69th Leg., ch. 479, § 209, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 1052, § 1.01(a), eff. Sept. 1,
1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.20, eff. Nov.
12, 1991; Acts 1995, 74th Leg., ch. 76, § 8.008, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 920, § 5, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 1449, § 2.01, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1481, § 5.01, eff. Sept. 1, 2001.
§ 21.003. BOARD OF HUMAN SERVICES. (a) The Texas Board
of Human Services is responsible for the adoption of policies and
rules for the government of the department.
(b) The board is composed of five members appointed by the
governor with the advice and consent of the senate and representing
all geographic regions of the state. To qualify for an appointment
to the board, a person must have demonstrated an interest in and
knowledge of human services.
(c) Members of the board serve for staggered terms of six
years with the term of one or two members expiring on January 20 of
each odd-numbered year.
(d) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
pleasure of the governor.
(e) Three members of the board constitute a quorum for the
transaction of business.
(f) The board's office is in Austin in a building designated
by the State Purchasing and General Services Commission.
(g) While performing their duties board members are
entitled to per diem as prescribed by the General Appropriations
Act.
(h) A person is not eligible for appointment to the board if
the person or the person's spouse:
(1) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
(2) uses or receives a substantial amount of tangible
goods, services, or money from the department, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses;
(3) is registered, certified, or licensed by a
regulatory agency in the field of nursing facility administration
or medical permits; or
(4) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department.
(i) Appointments to the board shall be made without regard
to the race, color, handicap, sex, religion, age, or national
origin of the appointees.
(j) A person may not be a member of the board or act as
general counsel to the board or the department 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 department.
Acts 1979, 66th Leg., p. 2337, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 4585, ch. 770, § 1,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 264, § 8, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 1052, § 1.01(a), eff. Sept.
1, 1987; Acts 2003, 78th Leg., ch. 1169, § 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1170, § 21.01, eff. Sept. 1, 2003.
§ 21.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND
EMPLOYMENT. (a) A person may not be a member of the board and may
not be a department 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 human
services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of human
services.
(b) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state, including a
nonprofit association, designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interests.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.02, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 1169, § 2, eff. Sept.
1, 2003.
§ 21.0032. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 21.003;
(2) does not maintain during service on the board the
qualifications required by Section 21.003;
(3) is ineligible for membership under Section
21.003(h) or (j) or under Section 21.0031;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
presiding officer of the board 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
commissioner shall notify the next highest ranking officer of the
board, who shall then notify the governor and the attorney general
that a potential ground for removal exists.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.02, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 1169, § 3, eff. Sept.
1, 2003.
§ 21.004. COMMISSIONER. (a) The Commissioner of Human
Services is the executive and administrative officer of the
department. The commissioner exercises all rights, powers, and
duties imposed or conferred by law on the department unless the
right, power, or duty is specifically delegated by the commissioner
of health and human services to the department's agents or
employees.
(b) The commissioner is employed by the commissioner of
health and human services in accordance with Section 531.0056,
Government Code.
(c) To be eligible for employment as commissioner, a person
must be at least 35 years old, have had experience as an executive
or administrator, and not have served as an elected state officer as
defined by Chapter 572, Government Code, during the six-month
period preceding the date of the employment.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 925, ch. 340, § 1, eff.
Aug. 31, 1981; Acts 1985, 69th Leg., ch. 264, § 9, eff. Aug. 26,
1985; Acts 1987, 70th Leg., ch. 1052, § 1.03, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 76, § 5.95(38), 8.141, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1460, § 2.02, eff.
Sept. 1, 1999.
§ 21.005. DIVISIONS OF DEPARTMENT;
PERSONNEL. (a) The commissioner may establish divisions within
the department that he considers necessary for effective
administration and the discharge of the department's functions.
(b) The commissioner may allocate and reallocate functions
among the divisions.
(c) The commissioner may employ personnel necessary for the
administration of the department's duties.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.0051. PERSONNEL POLICIES. (a) The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the commissioner and the staff of the
department.
(b) The commissioner shall develop an intraagency career
ladder program, one part of which shall require the intraagency
posting, concurrently with any public posting, of all nonentry
level positions.
(c) 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. 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 federal and
state law and a description of reasonable methods to achieve
compliance with federal and state law.
(d) Repealed by Acts 1995, 74th Leg., ch. 693, § 23(1),
eff. Sept. 1, 1995.
(e) The board and department shall inform their members and
employees as often as is necessary of:
(1) the qualifications for office or employment
prescribed by this code; and
(2) their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(f) The policy statement under Subsection (c) must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (c)(1); and
(3) be filed with the governor's office.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.04, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 693, § 23(1), eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1169, § 4, eff. Sept. 1,
2003.
§ 21.0052. MERIT PAY. The commissioner shall develop a
system under which the job performance of department employees is
evaluated annually. All merit pay for department employees must be
based on the system established under this section.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.04, eff. Sept. 1,
1987.
§ 21.0053. STATE EMPLOYEE INCENTIVE PROGRAM. The
commissioner or the commissioner's designee shall provide to
department employees information and training on the benefits and
methods of participation in the state employee incentive program.
Added by Acts 2003, 78th Leg., ch. 1169, § 5, eff. Sept. 1, 2003.
§ 21.006. LOCAL ADMINISTRATION. (a) The department
shall establish a system of local administration and employ
personnel necessary to carry out the purposes of this title in an
economical manner.
(b) The commissioner may provide for the appointment of
local boards to advise the local administrative units. The
commissioner shall determine the size of the boards and the
qualifications of the members. The functions of the boards may not
conflict with or duplicate the functions of other boards authorized
by law to advise the department.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.00605. REGIONAL BUSINESS PLANNING. (a) The
department shall develop a business plan for each service region
that:
(1) addresses the department's statewide goals and
states the region's specific objectives and strategies to meet the
goals;
(2) includes region-specific targets for
client-centered outcome measures; and
(3) requires regional administrators to report at
least annually to the state office on the region's progress in
achieving the goals and objectives contained in the region's
business plan.
(b) The department shall develop standard client-centered
outcome measures and use the standard measures in all regional
business plans.
(c) The department must seek public input in the development
of regional business plans and regional strategies.
Added by Acts 2003, 78th Leg., ch. 1169, § 6, eff. Sept. 1, 2003.
§ 21.0061. LIAISONS TO FAITH-BASED
ORGANIZATIONS. (a) The commissioner shall designate one
department employee in each of the department's administrative
regions to serve as a liaison to faith-based organizations in the
region with the potential ability to provide community services for
the needy.
(b) The commissioner shall ensure that the primary function
of each employee designated as a liaison under this section is to:
(1) communicate with faith-based organizations
regarding the need for private community services to benefit
persons in need of assistance who would otherwise require financial
or other assistance under public programs administered by the
department;
(2) promote the involvement of faith-based
organizations in working to meet community needs for assistance;
and
(3) coordinate the department's efforts to promote
involvement of faith-based organizations in providing community
services with similar efforts of other state agencies.
Added by Acts 1999, 76th Leg., ch. 401, § 1, eff. Aug. 30, 1999.
§ 21.007. MERIT SYSTEM. The department may establish a
merit system for its employees. The merit system may be maintained
in conjunction with other state agencies that are required by
federal law to operate under a merit system.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.008. STAFF DEVELOPMENT. (a) The department may
establish staff development plans to assist employees in obtaining
the technical and professional education required to administer the
department's assistance programs more effectively and efficiently
and to provide improved services to the needy. The plans must
include a provision for granting paid educational leave to selected
employees.
(b) The department's plans must conform to the requirements
of the Department of Health, Education, and Welfare.
(c) The department may make payments for the paid
educational leave or other staff development plans in the form of
grants or stipends or by other methods.
(d) The cost of the staff development plans may be made out
of state and federal funds within the limits of appropriated funds.
Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.009. POLITICAL ACTIVITIES OF OFFICERS AND
EMPLOYEES. (a) An officer or employee of the department may not
use his official authority or influence or permit the use of the
programs administered by the department for the purpose of
interfering with or affecting the results of an election or for any
political purpose.
(b) An officer or employee of the department is subject to
all applicable federal restrictions on political activities.
However, an officer or employee retains the right to vote as he or
she pleases and may express his or her opinion as a citizen on all
political subjects.
(c) An officer or employee of the department who violates a
provision of this section is subject to discharge or suspension or
other disciplinary measures authorized by the department's rules.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 1793, ch. 392, § 1,
eff. Aug. 31, 1981.
§ 21.010. BUDGET. (a) The commissioner shall prepare
and submit to the board for approval a biennial budget and request
for an appropriation by the legislature of funds necessary to carry
out the duties of the department. The budget and request must
include an estimate of all federal funds to be allotted to the state
for the department's purposes.
(b) The board shall submit the budget and request to the
Legislative Budget Board and the governor in the manner prescribed
by law.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.011. REPORTS. (a) On or before December 31 of
each year the commissioner shall prepare and submit to the board a
full report on the operation and administration of the department
together with the commissioner's recommendations for changes. The
report must include information relating to the status of the
client-centered outcome measures developed by the department under
Section 21.00605(b) and the department's progress in improving
those outcome measures. The board shall submit the report to the
governor and the legislature.
(b) The department 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 department during the preceding fiscal year. The
form of the annual report and the reporting time are as provided in
the General Appropriations Act.
(c) The report required by Subsection (b) must include fees
for professional services or consultative services provided for the
general administration of the department but may not include:
(1) professional fees paid for routine or special
examinations for the purpose of determining eligibility of
individuals for a program administered by the department;
(2) professional fees for treatment, services, or care
for individual recipients; or
(3) fees for providing special needs or appliances for
individual recipients.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 18, § 1, eff. April 3,
1985; Acts 1987, 70th Leg., ch. 1052, § 1.05, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 693, § 1, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1169, § 7, eff. Sept. 1, 2003.
§ 21.012. CONFIDENTIALITY OF INFORMATION. (a) The
department shall establish and enforce reasonable rules governing
the custody, use, and preservation of the department's records,
papers, files, and communications. The department shall provide
safeguards which restrict the use or disclosure of information
concerning applicants for or recipients of the department's
assistance programs to purposes directly connected with the
administration of the programs.
(b) If under a provision of law lists of the names and
addresses of recipients of the department's assistance programs are
furnished to or held by a governmental agency other than the
department, that agency shall adopt rules necessary to prevent the
publication of the lists or the use of the lists for purposes not
directly connected with the administration of the assistance
programs.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.013. OATHS AND ACKNOWLEDGMENTS. A local
representative of the department who is responsible for
investigating and determining the eligibility of an applicant for
assistance authorized in this title may administer oaths and take
acknowledgments concerning all matters relating to the
administration of this title. The representative shall sign the
oaths or acknowledgments and indicate his or her position and title
but need not seal the instruments. The agent has the same authority
as a notary public coextensive with the limits of the state for the
purpose of administering the provisions of this title.
Acts 1979, 66th Leg., p. 2339, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 21.014. AUDITS. (a) The financial transactions of
the department are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
(b) The person employed by the department as inspector
general shall make reports to and consult with the chairman of the
board regarding:
(1) the selection of internal audit topics;
(2) the establishment of internal audit priorities;
and
(3) the findings of each regular or special internal
audit initiative.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.06(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 584, § 16, eff. Sept.
1, 1989.
§ 21.015. PUBLIC INFORMATION; COMPLAINTS. (a) The
department shall prepare information of public interest describing
the functions of the board and department and describing the
procedures by which complaints are filed with and resolved by the
board or department. The department shall make the information
available to the general public and appropriate state agencies.
(b) The board by rule shall establish methods by which
consumers or service recipients are notified of the name, mailing
address, and telephone number of the department for the purpose of
directing complaints to the department. The department may provide
for the notification through inclusion of the information:
(1) on each registration form, application, or written
contract for services of an individual or entity regulated by the
department under this code or of an entity the creation of which is
authorized by this title of this code;
(2) on a sign that is prominently displayed in the
place of business of each individual or entity regulated by the
department under this code or of each entity the creation of which
is authorized by this title of this code; or
(3) in a bill for service provided by an individual or
entity regulated by the department under this code or by an entity
the creation of which is authorized by this title of this code.
(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.
(d) 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 agency closed the file without taking action other than to
investigate the complaint.
(e) For the purpose of rules to be promulgated by the board
under Subsection (b) of this section the board may not require
persons licensed to practice medicine who provide professional
services to persons covered by Title XVIII or Title XIX of the
Social Security Act to comply with the notification requirements
of Subsection (b) of this section.
(f) 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 department's policies and procedures relating to
complaint investigation and resolution. The department may delay
providing the information to a person who is a subject of the
complaint if providing the information would jeopardize an
investigation.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.06(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 1169, § 8, eff. Sept.
1, 2003.
§ 21.016. PUBLIC TESTIMONY. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the department.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.06(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 1169, § 9, eff. Sept.
1, 2003.
§ 21.018. POLICY ON TECHNOLOGICAL SOLUTIONS. The board
shall develop and implement a policy that requires the commissioner
and the staff of the department to research and propose appropriate
technological solutions to improve the ability of the department to
perform its mission. The technological solutions must include
measures to ensure that the public is able to easily find
information about the department through the Internet and that
persons who have a reason to use the department's services are able
to use the Internet to interact with the department and to access
any services that can be provided effectively through the Internet.
The policy shall also ensure that proposed technological solutions
are cost-effective and developed through the department's planning
processes.
Added by Acts 2003, 78th Leg., ch. 1169, § 10, eff. Sept. 1,
2003.
§ 21.019. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION
PROCEDURES. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
Added by Acts 2003, 78th Leg., ch. 1169, § 10, eff. Sept. 1,
2003.
