HUMAN RESOURCES CODE
TITLE 4. SERVICES FOR THE DEAF
CHAPTER 81. TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
§ 81.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission for the
Deaf and Hard of Hearing.
(2) "Deaf" means a hearing impairment of such severity
that an individual must depend on visual methods to communicate.
(3) "Hard of hearing" means a hearing impairment that
results in a loss of hearing function to an individual and in which
the individual:
(A) relies on residual hearing; and
(B) may depend on visual methods to communicate.
(4) "Deaf-blind" means:
(A) being legally blind and possessing a hearing
impairment of such severity that a person cannot understand most
speech even with the use of optimum amplification; or
(B) having a medical diagnosis of deteriorating
hearing and vision expected to lead to the condition described by
Paragraph (A).
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2,
§ 3, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 343, § 1,
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 183, § 1, eff. May
26, 1989; Acts 1991, 72nd Leg., ch. 353, § 9, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 835, § 2, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 118, § 1, eff. May 23, 2003.
§ 81.002. TEXAS COMMISSION FOR THE DEAF AND HARD OF
HEARING. (a) The Texas Commission for the Deaf and Hard of
Hearing is composed of nine members appointed by the governor with
the advice and consent of the senate.
(b) Three members of the commission must be persons who are
deaf or hard of hearing, two must be parents of persons who are deaf
or hard of hearing, two must be professionals serving persons who
are deaf or hard of hearing, and two must be persons from the
general public. A majority of the members shall be deaf.
(c) Except as provided by Subsection (b) of this section,
appointments to the commission shall be made without regard to the
race, color, disability, sex, religion, age, or national origin of
the appointees.
(d) A person may not be a member of the commission and may
not be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of services for
people who are deaf or hard of hearing; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of services for
people who are deaf or hard of hearing.
(e) A person may not be a member of the commission or act as
the general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the commission.
(f) A person is not eligible for appointment as a member of
the commission if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by the
commission or receiving funds from the commission;
(2) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from
the commission; or
(3) uses or receives a substantial amount of funds or
tangible goods from the commission.
(g) In this section, "Texas trade association" means a
cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2,
§ 3, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 619, § 1,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, § 2.19(16),
eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 343, § 2, eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 353, § 10, 11, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, § 3, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 122, § 1, eff. Sept. 1, 1999.
§ 81.0021. REMOVAL OF COMMISSION MEMBERS. (a) It is a
ground for removal from the commission if a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (b) of Section 81.002 of this
code for appointment to the commission;
(2) does not maintain during the service on the
commission the qualifications required by Subsection (b) of Section
81.002 of this code for appointment to the commission;
(3) violates a prohibition established by Subsection
(d) or (e) of Section 81.002 of this code;
(4) is unable to discharge his duties for a
substantial portion of the term for which he was appointed because
of illness or disability; or
(5) is absent from more than one-half of the regularly
scheduled commission meetings that the member is eligible to attend
during each calendar year, except when the absence is excused by
majority vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it was taken when a ground for removal of a
member of the commission existed.
(c) If the executive director has knowledge that a potential
ground for removal exists, he shall notify the chairman of the
commission of such ground. The chairman of the commission shall
then notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the chairman, the executive director shall notify the next
highest ranking officer of the commission, who shall then notify
the governor and the attorney general that a potential ground for
removal exists.
Added by Acts 1985, 69th Leg., ch. 619, § 2, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 122, § 2, eff. Sept. 1,
1999.
§ 81.0022. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 122, § 3, eff. Sept. 1, 1999.
§ 81.003. TERMS. Members hold office for staggered
terms of six years, with the terms of three members expiring on
January 31 of each odd-numbered year.
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Renumbered from § 81.004 and amended by Acts 1979, 66th
Leg., p. 2431, ch. 842, art. 2, § 3, eff. Sept. 1, 1979.
§ 81.004. SUNSET PROVISION. The Texas Commission for
the Deaf and Hard of Hearing is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless the commission is continued in
existence as provided by that chapter, the commission is abolished
and this chapter expires September 1, 2011.
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Renumbered from § 81.003 and amended by Acts 1979, 66th
Leg., p. 2431, ch. 842, art. 2, § 3, eff. Sept. 1, 1979. Amended
by Acts 1985, 69th Leg., ch. 479, § 212, eff. Sept. 1, 1985; Acts
1985, 69th Leg., ch. 619, § 3, eff. Sept. 1, 1985; Acts 1987,
70th Leg., ch. 343, § 3, eff. Sept. 1, 1987; Acts 1991, 72nd
Leg., ch. 353, § 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,
1st C.S., ch. 17, § 4.06, eff. Nov. 12, 1991; Acts 1995, 74th
Leg., ch. 835, § 4, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch.
122, § 4, eff. Sept. 1, 1999.
§ 81.005. CHAIRMAN; MEETINGS; EXPENSES. (a) The
governor shall designate a chairman of the commission from among
the members. A member holds the position of chairman at the
pleasure of the governor.
(b) The commission shall hold at least six meetings a year.
The commission shall receive public comment on the operations of
the commission and the concerns of the deaf or hard of hearing
community. The commission shall develop and implement policies
that will provide the public with a reasonable opportunity to
appear before the commission and to speak on any issue under the
jurisdiction of the commission.
(c) Five members of the commission constitute a quorum for
the transaction of business.
(d) Members of the commission are not entitled to
compensation, but are entitled to reimbursement of their traveling
expenses, as provided in the General Appropriations Act.
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2,
§ 3, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 619, § 4,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 835, § 5, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122, § 5, eff. Sept. 1,
1999.
§ 81.0051. AUDIT. The financial transactions of the
commission are subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 619, § 5, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 584, § 22, eff. Sept. 1,
1989.
§ 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the commission and the
executive director of the commission as provided by Section
531.0055, Government Code. To the extent a power or duty given to
the commission or executive director by this chapter or another law
conflicts with Section 531.0055, Government Code, Section 531.0055
controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.08, eff. Sept. 1,
1999.
§ 81.006. DUTIES AND POWERS. (a) The commission
shall:
(1) develop and implement a statewide program of
advocacy and education to ensure continuity of services to persons
who are deaf, deaf-blind, or hard of hearing;
(2) provide direct services to persons who are deaf or
hard of hearing, including communication access, information and
referral services, advocacy services, services to elderly persons
who are deaf or hard of hearing, and training in accessing basic
life skills;
(3) work to ensure more effective coordination and
cooperation among public and nonprofit organizations providing
social and educational services to individuals who are deaf or hard
of hearing;
(4) maintain a registry of available qualified
interpreters for persons who are deaf or hard of hearing by updating
the registry at least quarterly and making the registry available
to interested persons at cost;
(5) establish a system to approve and provide courses
and workshops for the instruction and continuing education of
interpreters for persons who are deaf or hard of hearing;
(6) assist institutions of higher education in
initiating training programs for interpreters and develop
guidelines for instruction to promote uniformity of signs taught
within those programs;
(7) with the assistance of the Texas Higher Education
Coordinating Board, develop standards for evaluation of the
programs described by Subdivision (6); and
(8) develop guidelines to clarify the circumstances
under which interpreters certified by the commission are qualified
to interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized
vocabulary.
(b) The commission may:
(1) appoint one or more advisory committees to consult
with and advise the commission;
(2) establish and collect training fees and accept
gifts, grants, and donations of money, personal property, or real
property for use in expanding and improving services to persons of
this state who are deaf or hard of hearing;
(3) adopt rules necessary to implement this chapter;
(4) contract with or provide grants to agencies,
organizations, or individuals as necessary to implement this
chapter;
(5) establish a reasonable fee and charge interpreters
for training to defray the cost of conducting the training;
(6) develop guidelines for trilingual interpreter
services; and
(7) provide training programs for persons who provide
trilingual interpreter services.
(c) Repealed by Acts 2003, 78th Leg., ch. 118, § 14, eff.
May 23, 2003.
(d) The commission shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the commission during the preceding year. The form of
the annual report and the reporting time shall be that provided in
the General Appropriations Act.
(e) The commission shall develop and implement policies
that clearly define the respective responsibilities of the
governing body of the commission and the staff of the commission.
(f) The commission shall establish and charge reasonable
fees for some or all commission publications to cover the
commission's publication costs. However, the commission shall
waive the fee if a person who is deaf or hard of hearing is
financially unable to pay for the publication, and may waive the
fees for publications provided to certain entities. The commission
shall adopt rules to implement this subsection. The rules must
specify the standards used for determining ability to pay for a
publication and must specify the types of entities for which the
fees will be waived.
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Renumbered from § 81.008 and amended by Acts 1979, 66th
Leg., p. 2431, ch. 842, art. 2, § 3, eff. Sept. 1, 1979. Amended
by Acts 1981, 67th Leg., p. 351, ch. 140, § 1, eff. May 14, 1981;
Acts 1983, 68th Leg., p. 2176, ch. 403, § 1, eff. Aug. 29, 1983;
Acts 1985, 69th Leg., ch. 619, § 6, eff. Sept. 1, 1985; Acts
1987, 70th Leg., ch. 343, § 4, eff. Sept. 1, 1987; Acts 1993,
73rd Leg., ch. 508, § 1, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 835, § 6, 28(1), eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 165, § 6.62, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 122, § 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118,
§ 2, 14, eff. May 23, 2003.
§ 81.007. BOARD FOR EVALUATION OF
INTERPRETERS. (a) The commission may establish a program in
accordance with this section for the certification of interpreters
who have reached varying levels of proficiency in communication
skills necessary to facilitate communication between persons who
are deaf or hard of hearing and persons who are not deaf or hard of
hearing.
(b) The commission shall appoint an advisory board of seven
persons to assist in administering the interpreter certification
program. A board member may not receive compensation, but is
entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the board, as provided in
the General Appropriations Act.
(c) Subject to approval of the commission, the board shall
prescribe qualifications for each of several levels of
certification based on proficiency and shall evaluate and certify
interpreters using these qualifications.
(d) A qualified board member may serve as an evaluator under
Subsection (c), and the commission shall compensate the board
member for services performed as an evaluator.
(e) The commission shall charge fees for written and
performance examinations, for annual certificate renewal, and for
recertification. The fees must be in an amount sufficient to
recover the costs of the certification program.
(f) The commission may waive any prerequisite to obtaining a
certificate for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a certificate
issued by another jurisdiction that has certification requirements
substantially equivalent to those of this state.
(g) The commission by rule may adopt a system under which
certificates are valid for a five-year period, subject to the
certificate holder's payment of an annual certificate renewal fee.
After expiration of the five-year period, an interpreter must be
recertified by the commission. The commission may recertify an
interpreter who:
(1) receives specified continuing education credits;
or
(2) achieves an adequate score on a specified
examination.
(h) The commission shall adopt rules specifying the grounds
for denying, suspending, or revoking an interpreter's certificate.
(i) The commission shall determine the frequency for
conducting the interpreter examinations. The commission shall
conduct the interpreter examinations:
(1) in Austin at the commission's office or in other
space owned or leased by the state that can be obtained free of
charge; or
(2) in other cities in this state in space that can be
obtained free of charge.
(j) Repealed by Acts 1995, 74th Leg., ch. 835, § 28(3),
eff. Sept. 1, 1995.
(k) The commission shall compensate an evaluator based on a
fee schedule as determined by commission rule.
(l) The commission shall recognize, prepare, or administer
continuing education programs for its certificate holders. A
certificate holder must participate in the programs to the extent
required by the commission to keep the person's certificate.
Added by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, § 3, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 352, ch. 140,
§ 3, eff. May 14, 1981; Acts 1983, 68th Leg., p. 2177, ch. 403,
§ 2, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 619, § 7,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 343, § 6, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 687, § 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 722, § 1, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 835, § 7, 28(3), eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 122, § 7, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 118, § 3, eff. May 23, 2003.
§ 81.0071. EXAMINATION RESULTS. (a) Not later than
the 60th day after the date on which a certification examination is
administered under this chapter, the commission shall notify each
examinee of the results of the examination. However, if an
examination is graded or reviewed by a national testing service,
the commission shall notify examinees of the results of the
examination not later than the 14th day after the date on which the
commission receives the results from the testing service. If the
notice of the examination results will be delayed for longer than 90
days after the examination date, the commission shall notify each
examinee of the reason for the delay before the 90th day.
(b) Repealed by Acts 2003, 78th Leg., ch. 118, § 14, eff.
May 23, 2003.
(c) The commission may require a testing service to notify a
person of the results of the person's examination.
Added by Acts 1985, 69th Leg., ch. 619, § 8, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 122, § 8, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 118, § 14, eff. May 23, 2003.
§ 81.0072. REVOCATION OR SUSPENSION OF
CERTIFICATE. (a) The commission, based on the recommendation of
the Board for Evaluation of Interpreters, may revoke or suspend a
certificate or place a certificate holder on probation for a
violation of a statute, rule, or policy of the commission. If a
certificate holder is placed on probation, the commission may
require the practitioner:
(1) to report regularly to the commission on matters
that are the basis of the probation;
(2) to limit practice to those areas prescribed by the
commission; or
(3) to continue or renew professional education until
a satisfactory degree of skill has been attained in those areas that
are the basis of the probation.
(b) If the commission proposes to suspend or revoke a
certificate or place a certificate holder on probation, the
certificate holder is entitled to a hearing before the commission
or a hearings officer appointed by the commission. All final
decisions to suspend or revoke a certificate or place a certificate
holder on probation shall be made by the commission.
Added by Acts 1985, 69th Leg., ch. 619, § 9, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 835, § 8, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 118, § 4, eff. May 23, 2003.
§ 81.0073. CERTIFICATE RENEWAL. (a) A person who is
otherwise eligible to renew a certificate may renew an unexpired
certificate by paying the required renewal fee to the commission
before the expiration date of the certificate. A person whose
certificate has expired may not engage in activities that require a
certificate until the certificate has been renewed.
(b) A person whose certificate has been expired for 90 days
or less may renew the certificate by paying to the commission a
renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(c) A person whose certificate has been expired for more
than 90 days but less than one year may renew the certificate by
paying to the commission a renewal fee that is equal to two times
the normally required renewal fee.
(d) A person whose certificate has been expired for one year
or more may not renew the certificate. The person may obtain a new
certificate by complying with the requirements and procedures,
including the examination requirements, for obtaining an original
certificate.
(e) A person who was certified in this state, moved to
another state, and is currently certified and has been in practice
in the other state for the two years preceding the date of
application may obtain a new certificate without reexamination.
The person must pay to the commission a fee that is equal to two
times the normally required renewal fee for the certificate.
(f) Not later than the 30th day before the date a person's
certificate is scheduled to expire, the commission shall send
written notice of the impending expiration to the person at the
person's last known address according to the records of the
commission.
Added by Acts 1999, 76th Leg., ch. 122, § 9, eff. Sept. 1, 1999.
§ 81.0074. PROVISIONAL CERTIFICATE. (a) The
commission may issue a provisional certificate to an applicant
currently certified in another jurisdiction who seeks a certificate
in this state and who:
(1) has been certified in good standing as an
interpreter for at least two years in another jurisdiction,
including a foreign country, that has certification requirements
substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the commission relating to the practice of
interpretation for people who are deaf or hard of hearing; and
(3) is sponsored by a person certified by the
commission under this chapter with whom the provisional certificate
holder will practice during the time the person holds a provisional
certificate.
(b) The commission may waive the requirement of Subsection
(a)(3) for an applicant if the commission determines that
compliance with that subsection would be a hardship to the
applicant.
(c) A provisional certificate is valid until the date the
commission approves or denies the provisional certificate holder's
application for a certificate. The commission shall issue a
certificate under this chapter to the provisional certificate
holder if:
(1) the provisional certificate holder is eligible to
be certified under Section 81.007(f); or
(2) the provisional certificate holder passes the part
of the examination under this chapter that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of interpretation for people who are deaf
or hard of hearing in this state, and:
(A) the commission verifies that the provisional
certificate holder meets the academic and experience requirements
for a certificate under this chapter; and
(B) the provisional certificate holder satisfies
any other certification requirements under this chapter.
(d) The commission must approve or deny a provisional
certificate holder's application for a certificate not later than
the 180th day after the date the provisional certificate is issued.
The commission may extend the 180-day period if the results of an
examination have not been received by the commission before the end
of that period.
(e) The commission may establish a fee for provisional
certificates in an amount reasonable and necessary to cover the
cost of issuing the certificate.
Added by Acts 1999, 76th Leg., ch. 122, § 10, eff. Sept. 1, 1999.
§ 81.008. EXECUTIVE DIRECTOR. (a) The commissioner of
health and human services shall employ an executive director in
accordance with Section 531.0056, Government Code.
(b) In selecting an executive director, the commissioner of
health and human services shall give preference to a deaf or hard of
hearing person.
(c) The executive director is responsible for carrying out
policies established by the commission. The commission may not
delegate responsibility for establishing policy of the agency to
the executive director.
(d) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment opportunity
whereby all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(e) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (d)(1); and
(3) be filed with the governor's office.
(f) The executive director or the executive director's
designee shall provide to members of the commission and to
commission employees, as often as necessary, information regarding
the requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state officers
or employees.
Acts 1979, 66th Leg., p. 2394, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Renumbered from § 81.007 and amended by Acts 1979, 66th
Leg., p. 2431, ch. 842, art. 2, § 3, eff. Sept. 1, 1979. Amended
by Acts 1985, 69th Leg., ch. 619, § 10, eff. Sept. 1, 1985; Acts
1995, 74th Leg. ch. 76, § 8.143, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 693, § 23(1), eff. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 122, § 11, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 1460, § 2.09, eff. Sept. 1, 1999.
§ 81.009. EMPLOYEES. (a) The commission may hire
employees it considers necessary to carry out the purposes of this
chapter.
(b) The executive director or his designee shall develop an
intraagency career ladder program, one part of which shall require
the intraagency posting of all nonentry level positions
concurrently with any public posting.
(c) The executive director or his designee shall develop a
system of annual performance evaluations based on measurable job
tasks. All merit pay for commission employees must be based on the
system established under this subsection.
Added by Acts 1979, 66th Leg., p. 2431, ch. 842, art. 2, § 3, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 619, § 11,
eff. Sept. 1, 1985.
§ 81.013. PRIVATE OUTDOOR TRAINING PROGRAMS FOR CHILDREN
WHO ARE DEAF OR HARD OF HEARING. (a) The commission may contract
with private entities to provide for the participation of children
who are deaf or hard of hearing at outdoor recreational programs
operated for the purpose of providing skill training and
recreational experiences for children who are deaf or hard of
hearing. Outdoor training programs under this section may also
provide for participation by the parents of children who are deaf or
hard of hearing.
(b) In selecting children to attend programs under this
section, the commission shall select qualified children from across
the state that the commission thinks will benefit from the program.
(c) The commission may request criminal history record
information on any person who applies for a staff position in an
outdoor training program from the Department of Public Safety in
accordance with Section 411.1131, Government Code.
Added by Acts 1981, 67th Leg., p. 288, ch. 113, § 1, eff. May 13,
1981. Amended by Acts 1995, 74th Leg., ch. 835, § 9, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 118, § 5, eff. May 23, 2003.
§ 81.014. INFORMING THE PUBLIC; COMPLAINTS. (a) The
commission shall prepare information of public interest describing
the functions of the commission and describing the commission's
procedures by which complaints are filed with and resolved by the
commission. The commission shall make the information available to
the general public and appropriate state agencies.
(b) The commission shall adopt rules establishing methods
by which consumers and service recipients can be notified of the
name, mailing address, and telephone number of the commission for
the purpose of directing complaints to the commission. The
commission may provide for such notification through inclusion of
the information:
(1) on each registration form, application, or written
contract for services of a person or entity regulated or authorized
by this chapter;
(2) on a sign that is prominently displayed in the
place of business of each person or entity regulated or authorized
by this chapter; or
(3) on a bill for service provided by a person or
entity regulated or authorized by this chapter.
(c) The commission, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
(d) The commission shall maintain a file on each written
complaint filed with the commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the commission closed the file without taking action other than
to investigate the complaint.
(e) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution.
(f) The commission shall adopt rules to establish
reasonable time limits for the resolution of complaints.
Added by Acts 1985, 69th Leg., ch. 619, § 15, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 122, § 12, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 118, § 6, eff. May 23, 2003.
§ 81.015. ADVERTISEMENT. (a) The commission may not
adopt rules restricting competitive bidding or advertising by a
person regulated by the commission except to prohibit false,
misleading, or deceptive practices by the person.
(b) The commission may not include in its rules to prohibit
false, misleading, or deceptive practices by a person regulated by
the commission a rule that:
(1) restricts the person's use of any medium for
advertising;
(2) restricts the person's personal appearance or use
of his voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the person's advertisement under a trade
name.
(c) The commission may advertise to promote awareness and
use of the programs, services, and activities conducted by the
commission. The commission may not use money derived from state tax
revenue to pay for advertisements under this subsection.
Added by Acts 1985, 69th Leg., ch. 619, § 16, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 118, § 7, eff. May 23, 2003.
§ 81.016. CONTRACTS FOR SERVICES. (a) Before the
commission contracts with or provides grant funding to an agency,
organization, or individual to provide direct services to persons
who are deaf or hard of hearing, the commission shall make
reasonable efforts to notify all potential service providers of the
availability and purpose of the contract or grant.
(b) The notice shall include a request that all interested
service providers submit within a specified period a contract or
grant proposal for the commission's consideration. The notice must
also clearly state the criteria that the commission will consider
in determining which applicant will be awarded the contract or
grant.
(c) The commission shall review all proposals submitted
under this section and shall award the contract or grant to the
applicant that the commission determines is best able to provide
the needed services. The commission may not award contracts or
grants to a former employee of the commission within two years after
the person's employment with the commission ceased.
(d) To ensure an equitable distribution of contract or grant
funds, the commission shall develop a formula, based on population
and region, to allocate those funds among the agencies,
organizations, or individuals that are awarded the contracts or
grants.
(e) The commission shall adopt rules to implement this
section.
Added by Acts 1985, 69th Leg., ch. 619, § 17, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 343, § 8, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 835, § 10, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 118, § 8, eff. May 23, 2003.
§ 81.017. MEMORANDUM OF UNDERSTANDING. (a) The
commission and each of the following agencies shall adopt a
memorandum of understanding to coordinate the delivery of services
to persons who are deaf or hard of hearing and to reduce duplication
of services:
(1) the Texas Department of Human Services;
(2) the Texas Department of Mental Health and Mental
Retardation;
(3) the Texas Workforce Commission;
(4) the Texas Department of Health;
(5) the Texas Higher Education Coordinating Board;
(6) the Texas Education Agency;
(7) the Texas Department on Aging;
(8) the Texas School for the Deaf;
(9) the Texas Rehabilitation Commission;
(10) the institutional division of the Texas
Department of Criminal Justice; and
(11) any other state agency that provides or is
required by law to provide services to persons who are deaf or hard
of hearing.
(b) If gaps in the delivery of services are identified while
developing a memorandum, the involved agencies shall formulate in
the memorandum methods to reduce or eliminate those gaps.
(c) Not later than the last month of each state fiscal year,
the commission and the other agencies shall review their respective
memorandums.
Added by Acts 1987, 70th Leg., ch. 343, § 9, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 835, § 11, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 165, § 6.63, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 122, § 13, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 118, § 9, eff. May 23, 2003.
§ 81.019. SYMBOLS OR OTHER FORMS OF IDENTIFICATION FOR
HEARING IMPAIRED PERSONS. (a) The commission shall design and
provide for the issuance of a symbol or other form of identification
that may be attached to a motor vehicle regularly operated by a
person who is deaf or hard of hearing.
(b) A person who is deaf or hard of hearing may apply to the
commission for the symbol or other form of identification. The
commission may require acceptable medical proof that a person is
deaf or hard of hearing and may set a fee for each symbol or other
form of identification to defray the costs of administering this
section.
(c) The commission may contract with a state or local agency
for the distribution of the symbol or other form of identification.
Added by Acts 1987, 70th Leg., ch. 172, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.017 by Acts 1989, 71st Leg., ch. 2, §
16.01(27), eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch.
835, § 12, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 122,
§ 14, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 118, § 10,
eff. May 23, 2003.
§ 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS
DEVICES. The commission may not advertise, distribute, or publish
the name or address or other related information received by the
commission about an individual who applies for assistance regarding
telecommunications devices.
Added by Acts 1999, 76th Leg., ch. 122, § 15, eff. Sept. 1, 1999.
§ 81.021. SPECIALIZED LICENSE PLATE PROGRAM. The
commission shall develop rules and guidelines for the use of funds
collected from the sale of specialized license plates under Section
502.2722, Transportation Code, and appropriated to the commission
in accordance with that section for direct services programs,
training, and education.
Added by Acts 2003, 77th Leg., ch. 118, § 11, eff. May 23, 2003;
Acts 2003, 78th Leg., ch. 118, § 12, eff. May 23, 2003.
