HUMAN RESOURCES CODE
TITLE 5. SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED
CHAPTER 91. TEXAS COMMISSION FOR THE BLIND
SUBCHAPTER A. GENERAL PROVISIONS
§ 91.001. SUNSET PROVISION. The Texas Commission for
the Blind is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished and this chapter expires effective
September 1, 2011.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 479, § 213, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 793, § 1, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.05, eff. Nov.
12, 1991; Acts 1999, 76th Leg., ch. 213, § 1, eff. Sept. 1, 1999.
§ 91.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission for the
Blind.
(2) "Blind" means a person having not more than 20/200
visual acuity in the better eye with correcting lenses or visual
acuity greater than 20/200 but with a limitation in the field of
vision such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
(3) "Child with visual impairments" means a child who
is blind or visually impaired or who has a visual condition that
requires treatment, psychological assistance counseling, or other
assistance that the commission can provide.
(4) "Visual handicap" includes blindness, an eye
condition for which there is a medical prognosis indicating that
the condition is of a progressive nature and may deteriorate either
to blindness or to a substantial loss of vision, and physical or
psychological handicaps that accompany or complement a disorder or
imperfection of the eye.
(5) "Visually impaired" means a visual acuity of not
more than 20/70 in the better eye with correcting lenses, or visual
acuity greater than 20/70 but with a limitation in the field of
vision such that the widest diameter of the visual field subtends an
angle no greater than 30 degrees.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 2, eff. Sept.
1, 1985; Acts 1999, 76th Leg., ch. 213, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 91.011. TEXAS COMMISSION FOR THE BLIND. (a) The
Texas Commission for the Blind is composed of nine members
appointed by the governor with the consent of the senate. Except as
provided by this subsection, appointments to the commission shall
be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees. Five members
must be blind or visually impaired residents of the state, one
member must be a family member, relative, or guardian of a blind or
visually impaired resident of the state, and three members must be
members of the general public. A person is not eligible for
appointment as a public member if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by the
commission or receiving funds from the commission;
(2) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from
the commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission.
(b) A person may not be a member of the commission and may
not be a commission employee in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of service
provision to persons who are blind or visually impaired or a field
that otherwise relates to persons who are blind or visually
impaired; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of service
provision to persons who are blind or visually impaired or a field
that otherwise relates to persons who are blind or visually
impaired.
In this subsection "Texas trade association" means a
cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(c) A person may not be a member of the commission or act as
the general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the commission.
(d) Members of the commission hold office for terms of six
years with the terms of three members expiring on February 1 of
odd-numbered years.
(e) Commission members and consumer advisory committee
members are entitled to a per diem, set by the General
Appropriations Act, for each day of attendance at an official
meeting as authorized by the commission. Commission members are
entitled to reimbursement for necessary expenses of travel on
official business. Consumer advisory committee members are
entitled to reimbursement for travel expenses in the same manner as
state employees. A commission member or consumer advisory
committee member who is disabled and, because of the disability,
requires special aids or a travel attendant in order to attend an
official meeting is entitled to reimbursement for the cost of the
special aids or attendant in accordance with rules set by the
commission.
(f) The governor shall designate a member of the commission
to serve as presiding officer, and the officer shall serve at the
governor's pleasure.
(g) Five members of the commission constitute a quorum for
the transaction of business.
(h) The commission shall adopt rules prescribing the
policies and procedures followed by the commission in the
administration of its programs.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842, art. 2,
§ 11, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2831, ch. 484,
art. II, § 3, eff. June 19, 1983; Acts 1985, 69th Leg., ch. 793,
§ 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, §
2.19(17), eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 213, §
1, eff. Sept. 1, 1999.
§ 91.012. EXECUTIVE DIRECTOR. (a) The commissioner of
health and human services shall employ an executive director in
accordance with Section 531.0056, Government Code.
(b) The commissioner of health and human services shall
select the executive director, according to established personnel
standards, on the basis of education, training, experience, and
demonstrated ability.
(c) The executive director shall adopt personnel policies.
(d) The executive director:
(1) shall appoint personnel necessary to efficiently
accomplish commission purposes;
(2) may delegate to an employee a power of the
executive director except the power to adopt rules or appoint
personnel;
(3) shall establish appropriate administrative units
within commission programs;
(4) may accept and use gifts and grants to the
commission to carry out the purposes of this title, if the
commission determines that the conditions of the gift or grant are
consistent with this title; and
(5) may take other actions that the executive director
considers necessary or appropriate to carry out commission
purposes.
Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 4, eff. Sept.
1, 1985; Acts 1995, 74th Leg., ch. 76, § 8.144, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 693, § 7, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 213, § 2, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1460, § 2.10, eff. Sept. 1, 1999.
§ 91.013. AUDIT. The financial transactions of the
commission are subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
Acts 1979, 66th Leg., p. 2397, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 5, eff. Sept.
1, 1985; Acts 1989, 71st Leg., ch. 584, § 14, eff. Sept. 1, 1989.
§ 91.014. FUNDS. (a) All sums of money paid to the
commission under this title shall be deposited in the State
Treasury and may be used only for the administration of this title.
(b) Interest earned on funds deposited in the State Treasury
from gifts and grants received by the commission under Section
91.012 of this code and from proceeds from the operation of vending
facilities under Chapter 94 of this code shall be credited to the
fund on which the interest is earned.
Added by Acts 1983, 68th Leg., p. 3821, ch. 594, § 1, eff. June
19, 1983. Amended by Acts 1985, 69th Leg., ch. 793, § 6, eff.
Sept. 1, 1985.
§ 91.015. REMOVAL OF COMMISSION MEMBER. (a) It is a
ground for removal from the commission if a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (a) of Section 91.011 of this
code for appointment to the commission;
(2) does not maintain during the service on the
commission the qualifications required by Subsection (a) of Section
91.011 of this code for appointment to the commission;
(3) violates a prohibition established by Subsection
(b) of Section 91.011 of this code;
(4) is unable to discharge his duties for a
substantial portion of the term for which he was appointed because
of illness or disability; or
(5) is absent from more than half of the regularly
scheduled commission meetings which the member is eligible to
attend during each calendar year, except when the absence is
excused by majority vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it was taken when a ground for removal of a
member of the commission existed.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 793, § 7, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 213, § 3, eff. Sept. 1,
1999.
§ 91.016. PERSONNEL POLICIES. (a) The executive
director or his designee shall develop an intraagency career ladder
program, one part of which shall require the intraagency posting of
all nonentry level positions concurrently with any public posting.
(b) The executive director or his designee shall develop a
system of annual performance evaluations based on measurable job
tasks. All merit pay for commission employees must be based on the
system established under this section.
(c) The executive director or the executive director's
designee shall provide to members and employees of the commission
as often as is necessary information regarding their qualifications
under this title and their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(d) The commission shall develop and implement policies
which clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
(e) The commission by rule may develop and implement
policies allowing shift differentials to be paid to employees in
the vocational rehabilitation program.
Added by Acts 1985, 69th Leg., ch. 793, § 8, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 213, § 4, eff. Sept. 1,
1999.
§ 91.0165. CRIMINAL HISTORY RECORD
INFORMATION. (a) The commission may obtain from any law
enforcement or criminal justice agency the criminal history record
information that relates to a person applying to become an employee
of the commission.
(b) The commission by rule shall establish criteria for
denying a person's employment application based on the results of a
criminal history check.
Added by Acts 1999, 76th Leg., ch. 213, § 5, eff. Sept. 1, 1999.
§ 91.017. EQUAL EMPLOYMENT OPPORTUNITY POLICY
STATEMENT. (a) The executive director or the executive
director's designee shall prepare and maintain a written policy
statement to ensure that all personnel transactions are made
without regard to race, color, disability, sex, religion, age, or
national origin. The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(b) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (a)(1); and
(3) be filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 793, § 9, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 693, § 23(1), eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 213, § 5, eff. Sept. 1, 1999.
§ 91.018. RELATIONS WITH PUBLIC. (a) The commission
shall prepare information of public interest describing the
functions of the commission and describing the commission's
procedures by which complaints are filed with and resolved by the
commission. The commission shall make the information available to
the general public and appropriate state agencies.
(b) The commission shall promulgate rules establishing
methods by which consumers or service recipients can be notified of
the name, mailing address, and telephone number of the commission
for the purpose of directing complaints to the commission. The
commission may provide for the notification through inclusion of
the information:
(1) on each registration form, application, or written
contract for services of a person or entity regulated or authorized
by this title;
(2) on a sign that is prominently displayed in the
place of business of each person or entity regulated or authorized
by this title; or
(3) in a bill for service provided by a person or
entity regulated or authorized by this title.
(c) Except as required by federal regulations for resolving
complaints received from people who are receiving service from the
commission, the commission shall maintain a file on each written
complaint filed with the commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed if
the agency closed the file without taking action other than to
investigate the complaint.
(d) The commission, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
(e) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution.
(f) The commission shall develop and implement policies
that will provide the public with a reasonable opportunity to
appear before the commission and to speak on any issue under the
jurisdiction of the commission.
(g) The commission shall establish a consumer advisory
committee and adopt rules relating to the committee's size,
geographical representation, meetings, duties, and reporting
requirements.
Added by Acts 1985, 69th Leg., ch. 793, § 10, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 213, § 5, eff. Sept. 1,
1999.
§ 91.019. REPORT; POSTING OF REPORT AND PERFORMANCE
DATA. (a) The commission shall file annually with the governor
and the presiding officer of each house of the legislature a
complete and detailed written report accounting for all funds
received and disbursed by the commission during the preceding year.
The form of the annual report and the reporting time shall be that
provided in the General Appropriations Act.
(b) The commission shall post on the Internet in an
accessible format the report required under this section and any
other agency performance data required to be reported to this state
or the federal government. If a report or performance data contain
confidential information, the commission shall remove the
confidential information before posting the report or performance
data.
Added by Acts 1985, 69th Leg., ch. 793, § 11, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 213, § 6, eff. Sept. 1,
1999.
§ 91.020. TRAINING OF COMMISSION MEMBERS. (a) A
person who is appointed to and qualifies for office as a member of
the commission may not vote, deliberate, or be counted as a member
in attendance at a meeting of the commission until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 213, § 7, eff. Sept. 1, 1999.
SUBCHAPTER C. GENERAL POWERS AND DUTIES OF THE COMMISSION
§ 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the commission and executive
director as provided by Section 531.0055, Government Code. To the
extent a power or duty given to the commission or executive director
by this chapter or another law conflicts with Section 531.0055,
Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.11, eff. Sept. 1,
1999.
§ 91.021. RESPONSIBILITY FOR VISUALLY HANDICAPPED
PERSONS. (a) The commission has primary responsibility for
providing all services to visually handicapped persons except
welfare services and services for children provided by regularly
established educational agencies and state authorities.
(b) The commission shall negotiate interagency agreements
with other state agencies to provide services for individuals who
have both a visual handicap and another handicapping condition so
that those multiply handicapped individuals may be provided the
most beneficial services with the greatest possible economy.
(c) The commission and other concerned state agencies may
not refuse to enter an interagency agreement developed to advance
the state's policies regarding the rehabilitation or education of
the blind and visually handicapped. In negotiating the agreements
the agencies shall seek to extend and improve the regular services
provided by the agencies and to effectively use all specialty and
fiscal resources that are available. The agencies shall give
careful consideration to avoiding unnecessary duplication or
overlap of their respective efforts.
(d) The commission shall enter into agreements with the
federal government to implement federal legislation authorizing
the provision of services to the visually handicapped. The
commission shall adopt methods of administration required by the
federal government for the proper and efficient implementation of
the agreements, and shall comply with other federal requirements
necessary to secure the full benefits of the federal legislation.
(e) The commission and other concerned state agencies may
not refuse to enter interagency agreements designed to secure the
full benefits of federal legislation authorizing services for the
visually handicapped.
(f) The commission shall:
(1) serve as an information center and referral
resource for the visually handicapped; and
(2) develop mechanisms and procedures that tend to
assist visually handicapped individuals in bridging gaps between
educational, institutional, rehabilitative, vocational, and
related types of services operated by public and private nonprofit
organizations throughout the state.
(g) The commission shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the commission relating to the
provision of transportation services for clients of eligible
programs.
Acts 1979, 66th Leg., p. 2397, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842, art. 2,
§ 12, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 793, § 12,
eff. Sept. 1, 1985; Acts 2003, 78th Leg., ch. 198, § 2.130, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, § 13.08, eff.
Sept. 1, 2003.
§ 91.022. SERVICE DELIVERY. (a) The commission shall
establish and maintain, by rule, guidelines for the delivery of
services by the commission. The guidelines must be consistent with
state and federal law and regulations and must include rules
relating to:
(1) oversight and monitoring of service delivery;
(2) guidance to counselors on service delivery
procedures;
(3) case management benchmarks establishing
reasonable time frames for service delivery; and
(4) financial planning information for the
commission.
(b) The commission shall establish written procedures
relating to the evaluation of services delivered by the commission
to provide guidance to counselors and commission employees. These
procedures must include methods to evaluate:
(1) client progress;
(2) service delivery effectiveness; and
(3) counselor performance.
Added by Acts 1999, 76th Leg., ch. 213, § 8, eff. Sept. 1, 1999.
§ 91.023. REHABILITATION SERVICES. The commission may
furnish materials, tools, books, and other necessary apparatus and
assistance for use in rehabilitating blind and visually handicapped
persons.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 91.027. BLINDNESS EDUCATION, SCREENING, AND TREATMENT
PROGRAM. (a) To the extent that funds are available under
Sections 521.421(f), as added by Chapter 510, Acts of the 75th
Legislature, Regular Session, 1997, and 521.422(b), Transportation
Code, the commission shall operate a Blindness Education,
Screening, and Treatment Program to provide:
(1) blindness prevention education and screening and
treatment to prevent blindness for residents who are not covered
under an adequate health benefit plan; and
(2) transition services to blind disabled individuals
eligible for vocational rehabilitation services under Section
91.052.
(b) The program shall include:
(1) public education about blindness and other eye
conditions;
(2) screenings and eye examinations to identify
conditions that may cause blindness;
(3) treatment procedures necessary to prevent
blindness; and
(4) transition services.
(c) The commission by rule shall prescribe eligibility
requirements for the program.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1997, 75th Leg., ch. 510, § 1, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 198, § 2.115(a), eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1140, § 1, eff. June 20, 2003.
§ 91.028. SERVICES FOR CHILDREN WITH VISUAL
IMPAIRMENTS. (a) The commission may provide services to children
with visual impairments to supplement the services provided by
other state agencies if the commission determines that the
provision of the services is appropriate and that the services will
assist the children in achieving financial self-sufficiency and a
fuller and richer life. It is the intention of the legislature that
all state agencies concerned with children with visual impairments
cooperate fully to achieve this purpose.
(b) The commission shall establish, by rule, the income
level at which the Medicaid eligibility of a client applying for
services under Subsection (a) shall be verified.
(c) The commission shall verify the Medicaid eligibility of
a client applying for services under Subsection (a) whose income
level is equal to or less than the income level established by the
commission under Subsection (b).
(d) The commission shall verify the Medicaid eligibility of
a client who is required by the commission to apply for Medicaid not
later than the 90th day after the date the application for services
from the commission is made.
(e) In verifying Medicaid eligibility, an employee of the
commission shall:
(1) examine appropriate state or private Medicaid
eligibility databases; and
(2) record on each client's application for services
whether Medicaid eligibility was verified, the source of the
verification, and the date of the verification.
(f) Except as provided by Subsection (g), a person may not
solicit, disclose, receive, use, or knowingly permit the use of
records or other information concerning an applicant for or
recipient of children's program services that is directly or
indirectly acquired by an officer or employee of the state or its
political subdivisions in the course of the officer's or employee's
official duties.
(g) A person may use the information provided under
Subsection (f) in accordance with commission rules, only for
purposes directly connected with the administration of the
children's program and for the investigation of a complaint filed
against an agency, employee, or contracted provider of services.
Acts 1979, 66th Leg., p. 2398, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1999, 76th Leg., ch. 213, § 8, eff. Sept.
1, 1999.
§ 91.029. RATES FOR MEDICAL SERVICES. (a) The
commission shall adopt rules and standards governing the
determination of rates the commission will pay for medical services
provided under this chapter. The rules and standards must include a
schedule for periodic reevaluation of the rates.
(b) The commission shall adopt rules establishing a
schedule of rates based on the rules and standards adopted under
Subsection (a). In adopting the rate schedule, the commission
shall:
(1) compare the proposed rate schedule to other
cost-based rates for medical services, including Medicaid and
Medicare rates; and
(2) document the reason that any rate exceeds the
Medicaid or Medicare rate for the same service.
Added by Acts 1999, 76th Leg., ch. 213, § 8, eff. Sept. 1, 1999.
§ 91.0301. LOANS FOR VISUAL AIDS. (a) The commission
may establish a program to make loans to finance the purchase of
technological aids for visually handicapped persons. Interest on
the loans may not exceed 10 percent a year.
(b) The executive director may promulgate rules to
administer the loan program, subject to approval of the commission.
Added by Acts 1981, 67th Leg., p. 317, ch. 126, § 2, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 793, § 13, eff. Sept.
1, 1985.
§ 91.031. CONTRACTS FOR SERVICE. (a) The commission
shall include in its contracts with service providers provisions
relating to:
(1) clearly defined and measurable program
performance standards that directly relate to the service provided;
(2) clearly defined penalties for nonperformance of a
contract term; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
(b) The commission shall monitor a service provider's
performance under a contract for service. In monitoring
performance, the commission shall:
(1) use a risk-assessment methodology to institute
statewide monitoring of contract compliance of service providers;
and
(2) evaluate service providers based on clearly
defined and measurable program performance objectives.
Added by Acts 1999, 76th Leg., ch. 213, § 8, eff. Sept. 1, 1999.
§ 91.032. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The
commission shall include in a contract with a supplier of adaptive
technology equipment provisions that require the supplier to
provide training for clients receiving the adaptive technology
equipment.
Added by Acts 1999, 76th Leg., ch. 213, § 8, eff. Sept. 1, 1999.
SUBCHAPTER D. VOCATIONAL REHABILITATION OF THE BLIND
§ 91.051. DEFINITIONS. In this subchapter:
(1) "Program" means the vocational rehabilitation
program authorized in this subchapter.
(2) Repealed by Acts 1985, 69th Leg., ch. 793, § 38,
eff. Sept. 1, 1985.
(3) "Employment handicap" means a physical or mental
condition that obstructs or impairs, or if not corrected will
probably obstruct or impair, an individual's performance in an
occupation.
(4) "Disabled individual" means a person who has a
substantial employment handicap.
(5) "Blind disabled individual" means a person who is
blind or who has a visual condition for which medical prognosis
indicates a progressive deterioration that may result in a
substantial vocational handicap.
(6) "Vocational rehabilitation" or "vocational
rehabilitation services" means services that are provided directly
by the commission or through a public or private agency and that the
director determines are necessary to compensate a blind disabled
individual for an employment handicap so that the individual may
engage in a remunerative occupation. The terms include, but are not
limited to, medical and vocational diagnosis; vocational guidance,
counseling, and placement; rehabilitation training; physical
restoration; transportation; occupational licenses; customary
occupational tools and equipment; maintenance; training books and
materials; and other goods and services for which the commission
receives financial support under federal law.
(7) "Rehabilitation training" means all necessary
training provided to a blind disabled individual to compensate for
an employment handicap. The term includes, but is not limited to,
manual, preconditioning, prevocational, vocational, and
supplementary training and training to achieve broader and more
lucrative skills and capacities.
(8) "Physical restoration" means medical, surgical,
or therapeutic treatment necessary to correct or substantially
reduce a blind disabled individual's employment handicap within a
reasonable period of time. The term includes, but is not limited
to, medical, surgical, dental, and psychiatric treatment, nursing
services, hospital care, convalescent home care, drugs, medical and
surgical supplies, and prosthetic appliances. The term excludes
treatment to cure acute or transitory conditions.
(9) "Prosthetic appliance" means an artificial device
necessary to support or replace a part of the body or to increase
the acuity of a sensory organ.
(10) "Occupational license" means a license, permit,
or other written authorization required by a governmental unit as a
condition for engaging in an occupation.
(11) "Maintenance" means money payments not exceeding
the estimated cost of subsistence during vocational
rehabilitation.
(12) Repealed by Acts 1985, 69th Leg., ch. 793, §
38, eff. Sept. 1, 1985.
Acts 1979, 66th Leg., p. 2399, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 38, eff. Sept.
1, 1985.
§ 91.052. VOCATIONAL REHABILITATION PROGRAM FOR THE
BLIND. (a) The commission shall conduct a program to provide
vocational rehabilitation services to eligible blind disabled
individuals.
(b) To achieve the purposes of the program, the commission
may:
(1) cooperate with other public and private agencies
in studying the problems involved in providing vocational
rehabilitation and in establishing, developing, and providing
necessary or desirable facilities and services;
(2) enter reciprocal agreements with other states to
provide vocational rehabilitation for the residents of the states
concerned; and
(3) conduct research and compile statistics relating
to the vocational rehabilitation of blind disabled individuals.
Acts 1979, 66th Leg., p. 2400, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 91.053. COOPERATION WITH FEDERAL
GOVERNMENT. (a) The commission shall cooperate with the federal
government to accomplish the purposes of federal laws relating to
vocational rehabilitation and closely related activities.
(b) The commission shall negotiate agreements or plans with
the federal government and shall adopt efficient methods of
administration and comply with other conditions required to secure
the full benefits of the federal laws. If the commission determines
that a provision of state law precludes conformity with a federal
requirement and limits federal financial support, the commission:
(1) may waive or modify the state law to the extent
necessary to obtain the full benefits of the federal law; and
(2) shall include in the report required by Section
91.019 a description of the manner in which state law conflicts with
federal law.
(c) In adopting the methods of administration, the
commission shall include a system of necessary staffing patterns,
personnel administration, and employee compensation comparable to
the systems used by state agencies that receive substantial federal
financial support. However, the commission may not employ
personnel or adopt a system of merit pay that is not authorized in
the commission's state appropriation unless the commission
certifies to the state auditor that the commission's action is
necessary to accomplish its statutory purposes and that the action
will not be financed with state funds. The commission shall submit
financial information required by the state auditor to support the
certification.
Acts 1979, 66th Leg., p. 2400, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 693, § 8, eff. Sept.
1, 1995.
§ 91.055. ELIGIBILITY FOR VOCATIONAL REHABILITATION
SERVICES. The commission shall provide vocational rehabilitation
services to a blind disabled individual eligible for those services
under federal law.
Acts 1979, 66th Leg., p. 2401, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 14, eff. Sept.
1, 1985.
§ 91.056. RECEIPT AND DISBURSEMENT OF FUNDS. (a) The
comptroller is custodian of federal funds received by the state to
implement federal law relating to vocational rehabilitation.
(b) The executive director shall certify for disbursement
funds available for the vocational rehabilitation program in
accordance with regulations.
(c) The comptroller shall disburse state and federal
vocational rehabilitation funds on certification by the executive
director.
Acts 1979, 66th Leg., p. 2401, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 15, eff. Sept.
1, 1985; Acts 1997, 75th Leg., ch. 1423, § 9.03, eff. Sept. 1,
1997.
§ 91.058. HEARINGS. An applicant for or recipient of
vocational rehabilitation services who is aggrieved by an action or
inaction under the program is entitled to a hearing by the
commission in accordance with law.
Acts 1979, 66th Leg., p. 2402, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 91.059. MISUSE OF INFORMATION. Except for purposes
directly connected with the administration of the vocational
rehabilitation program and according to commission rules, no person
may solicit, disclose, receive, use, or knowingly permit the use of
records or other information concerning an applicant for or
recipient of vocational rehabilitation services that is directly or
indirectly acquired by an officer or employee of the state or its
political subdivisions in the course of his or her official duties.
Acts 1979, 66th Leg., p. 2402, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 16, eff. Sept.
1, 1985.
SUBCHAPTER E. CENTRAL MEDIA DEPOSITORY
§ 91.081. PURPOSE. (a) The purpose of this subchapter
is to establish a comprehensive central state depository for
braille, large print, slow speed records and machines, tape
recordings and tape players, and related forms of media that will
enable the Texas State Library, the Texas Education Agency, the
Texas Commission for the Blind, volunteer organizations involved in
the production of braille or recorded materials for the blind, the
Library of Congress, and related types of organizations to work
together more closely and effectively.
(b) It is the intent of this subchapter to allow various
agencies and organizations interested in or responsible for such
services to work together cooperatively in one facility without
requiring one central management.
Renumbered from § 92.051 by Acts 1979, 66th Leg., p. 2438, ch.
842, art. 2, § 15, eff. Sept. 1, 1979; Amended by Acts 1985, 69th
Leg., ch. 793, § 17, eff. Sept. 1, 1985. Amended by Acts 1997,
75th Leg., ch. 165, § 6.64, eff. Sept. 1, 1997.
§ 91.082. ESTABLISHMENT OF CENTRAL MEDIA
DEPOSITORY. (a) The Texas State Library and Archives Commission
shall generally supervise the establishment and operation of a
central media depository in Austin to house materials and devices
required by blind and visually handicapped individuals or by other
individuals who are unable to use ordinary printed materials.
(b) With the approval of the library and archives
commission, the agencies and organizations maintaining and
operating the central media depository shall develop and
periodically evaluate and modify specific arrangements for
administrative support, sharing of staff and equipment, and related
matters involved in the operation of the program.
Renumbered from § 92.052 and amended by Acts 1979, 66th Leg., p.
2438, ch. 842, art. 2, § 15, eff. Sept. 1, 1979.
§ 91.083. ANCILLARY SERVICES. The library and archives
commission shall allow the central media depository to be used for
the repair of special media and equipment required by individuals
who are unable to use ordinary print and for research and
demonstration, training, and the production of materials in special
media by volunteer organizations.
Renumbered from § 92.053 and amended by Acts 1979, 66th Leg., p.
2438, ch. 842, art. 2, § 15, eff. Sept. 1, 1979.
§ 91.084. FUNDING. The cost of establishing and
operating the central media depository shall be paid with:
(1) funds appropriated by the legislature for that
purpose;
(2) gifts, grants, bequests, and donations received by
cooperating agencies for the establishment and support of the
depository;
(3) reasonable fees customarily charged for services
by the agencies and organizations using or occupying the facility;
and
(4) funds budgeted by the cooperating agencies and
organizations for that purpose pursuant to interagency contracts
and agreements.
Renumbered from § 92.054 by Acts 1979, 66th Leg., p. 2438, ch.
842, art. 2, § 15, eff. Sept. 1, 1979.
