2005 Texas Human Resources Code CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT OF HUMAN SERVICES

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.