• Texas Code
  • Texas Human Resources Code

     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.

     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, 2003, 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.

Amended by 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.

     (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 six 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 two members expiring on January 20 of each odd-numbered year.

     (d) After the biennial appointment of new members, the board shall elect a presiding officer who shall preside over meetings of the board.

     (e) Four 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 the department; or

     (2) receives more than 25 percent of the person's or the spouse's professional income in funds from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

     (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 who is required to register as a lobbyist under Chapter 305, Government Code, by virtue of the person's activities for compensation in or on behalf of a profession related to the operation of the board, may not serve as a member of the board or act as general counsel to the board.

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.

     An officer, employee, or paid consultant of a trade association in the field of human services may not be a member or employee of the board or department. A person who is the spouse of any officer, employee, or paid consultant of a trade association in the field of human services may not be a member of the board and may not be an employee of the department, including an employee exempt from the state's classification plan, who is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule. For the purposes of this section, a trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors 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.

     (a) It is a ground for removal from the board if a member:

     (1) does not have at the time of appointment the qualifications required by Section 21.003 of this code for appointment to the board;

     (2) does not maintain during the member's service on the board the qualifications required by Section 21.003 of this code for appointment to the board;

     (3) violates a prohibition established by Subsection (j) of Section 21.003 or by Section 21.0031 of this code;

     (4) is unable to discharge the member's duties for a substantial part of the term for which the member was appointed because of illness or disability; or

     (5) is absent from more than one-half of the regularly scheduled board meetings that the member is eligible to attend during each calendar year, except when the absence is excused by majority vote of the board.

     (b) The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a member of the board existed.

     (c) If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the chairman of the board of the ground. The chairman of the board shall then notify the governor that a potential ground for removal exists.

Added by Acts 1987, 70th Leg., ch. 1052, § 1.02, eff. Sept. 1, 1987.

Text of section effective September 1, 2003

     (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board 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 department and the board;

     (2) the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments;

     (3) the programs operated by the department;

     (4) the role and functions of the department;

     (5) the rules of the department with an emphasis on the rules that relate to disciplinary and investigatory authority;

     (6) the current budget for the department;

     (7) the results of the most recent formal audit of the department;

     (8) a history of funding sources for long-term care services;

     (9) the independent living philosophy;

     (10) 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

     (11) any applicable ethics policies adopted by the department or the Texas Ethics Commission.

     (c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for 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.

     (d) In this section, "independent living philosophy" means control over one's life based on the choice of acceptable options that minimize reliance on others in making a decision or in performing everyday activities. The term includes:

     (1) managing one's affairs;

     (2) participating in day-to-day life in the community;

     (3) fulfilling a range of social roles; and

     (4) making decisions that lead to self-determination and the minimization of physical and psychological dependence on others.

Added by Acts 1999, 76th Leg., ch. 1505, § 2.06, eff. Sept. 1, 2003.

     (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.

Amended by 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.

     (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.

     (a) The board shall adopt policies that clearly define the respective responsibilities of the board 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 to assure implementation of a program of equal employment opportunity by which all personnel transactions are made without regard to race, color, handicap, sex, religion, age, or national origin. The policy statement must include:

     (1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel;

     (2) a comprehensive analysis of the department's work force that meets federal and state guidelines;

     (3) procedures by which a determination can be made of significant underutilization in the department work force of all persons of whom federal or state guidelines encourage a more equitable balance; and

     (4) reasonable methods to appropriately address areas of significant underutilization in the department work force of all persons of whom federal or state guidelines encourage a more equitable balance.

     (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.

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.

     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.

     (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.

     (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.

     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.

     (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.

     (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.

     (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.

     (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 his recommendations for changes. 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.

Amended by Acts 1995, 74th Leg., ch. 693, § 1, eff. Sept. 1, 1995.

     (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.

     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.

     (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.

     (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) If a written complaint is filed with the department that relates to an individual or entity regulated by the department or to a service provided by the department, the department, at least as frequently as quarterly and until final disposition of the complaint, shall notify the complainant, the service provider, and the individual or entity regulated by the department of the status of the complaint unless the notice would jeopardize an undercover investigation or potential criminal prosecution.

     (d) The department shall keep an information file about each complaint filed with the department that relates to an individual or entity regulated by the department or to a service provided by the department.

     (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.

Added by Acts 1987, 70th Leg., ch. 1052, § 1.06(a), eff. Sept. 1, 1987.

     The board shall adopt 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 board.

Added by Acts 1987, 70th Leg., ch. 1052, § 1.06(a), eff. Sept. 1, 1987.