Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on
an emergency basis if it determines that such action is necessary for the public
health, safety, or welfare of this state. The section may become effective
immediately upon filing with the Texas Register, or on a stated date less than
20 days after filing, for no more than 120 days. The emergency action is
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing
section is indicated by the use of bold text. [Brackets] indicate deletion of
existing material within a section.
TITLE 22. EXAMINING BOARDS
Part XVII. Texas State Board of Plumbing Examiners
Chapter 361. Administration
General Provisions
22 TAC sec.361.1, sec.361.6
The Texas State Board of Plumbing Examiners is renewing the effectiveness of
the emergency adoption of amended sec.361.1, and sec.361.6, for a 60-day period
effective November 27, 1993. The text of amended sec.361.1, and sec.361.6, was
originally published in the August 6, 1993, issue of the Texas Register (18
TexReg 5171).
Issued in Austin, Texas, on October 11, 1993.
TRD-9330306
Douglas A. Beran, Ph.D
Chief Fiscal Officer/Office Manager
Texas State Board of Plumbing Examiners
Effective date: November 27, 1993
Expiration date: January 27, 1994
For further information, please call: (512) 458-2145
22 TAC sec.361.22
The Texas State Board of Plumbing Examiners is renewing the effectiveness of
the emergency adoption of amended sec.361.22, for a 60-day period effective
November 27, 1993. The text of amended sec.361.22, was originally published in
the August 6, 1993, issue of the Texas Register (18 TexReg 5173).
Issued in Austin, Texas, on October 11, 1993.
TRD-9330305
Douglas A. Beran, Ph.D
Chief Fiscal Officer/Office Manager
Texas State Board of Plumbing Examiners
Effective date: November 27, 1993
Expiration date: January 27, 1994
For further information, please call: (512) 458-2145
Chapter 363. Examinations
Qualifications
22 TAC sec.sec.363.1, 363.5, 363.7, 363.9, 363.11
The Texas State Board of Plumbing Examiners is renewing the effectiveness of
the emergency adoption of amended and new ssec.363.1, 363.5, 363.7, 363.9, and
363.11, for a 60-day period effective November 27, 1993. The text of amended and
new sec.sec.363.1, 363.5, 363.7, 363.9, and 363.11, was originally published in
the August 6, 1993, issue of the Texas Register (18 TexReg 5173).
Issued in Austin, Texas, on October 11, 1993.
TRD-9330304
Douglas A. Beran, Ph.D
Chief Fiscal Officer/Office Manager
Texas State Board of Plumbing Examiners
Effective date: November 27, 1993
Expiration date: January 27, 1994
For further information, please call: (512) 458-2145
Chapter 365. Licensing
License Categories; Description; Scope of Work Permitted
22 TAC sec.sec.365.1, 365.3-365.6, 365.9, 365.10
The Texas State Board of Plumbing Examiners is renewing the effectiveness of
the emergency adoption of amended sec.sec.365.1, 365.3-365.6, 365.9, and 365.10,
for a 60-day period effective November 27, 1993. The text of amended
sec.sec.365. 1, 365.3-365.6, 365.9, and 365.10, was originally published in the
August 6, 1993, issue of the Texas Register (18 TexReg 5175).
Issued in Austin, Texas, on October 11, 1993.
TRD-9330303
Douglas A. Beran, Ph.D
Chief Fiscal Officer/Office Manager
Texas State Board of Plumbing Examiners
Effective date: November 27, 1993
Expiration date: January 27, 1994
For further information, please call: (512) 458-2145
Chapter 367. Enforcment
22 TAC sec.367.7
The Texas State Board of Plumbing Examiners is renewing the effectiveness of
the emergency adoption of amended sec.367.7, for a 60-day period effective
November 27, 1993. The text of amended sec.367.7, was originally published in
the August 6, 1993, issue of the Texas Register (18 TexReg 5176).
Issued in Austin, Texas, on October 11, 1993.
TRD-9330302
Douglas A. Beran, Ph.D
Chief Fiscal Officer/Office Manager
Texas State Board of Plumbing Examiners
Effective date: November 27, 1993
Expiration date: January 27, 1994
For further information, please call: (512) 458-2145
Part XXX. Texas State Board of Examiners of Professional Counselors
Chapter 681. Professional Counselors
The Texas State Board of Examiners of Professional Counselors (the board)
adopts on an emergency basis the repeal of existing sec.sec.681.2, 681.21,
681.53, 681.81, 681.98, 681.113, 681.192, and 681.216; and new sec.sec.681.2,
681.21, 681.53, 681.81, 681.98, 681.113, 681.192, and 681.216, concerning the
regulation of licensed professional counselors.
The repeal of existing sections and new sections are adopted on an emergency
basis in order to meet requirements of state law. Acts 1993, 73rd Legislature,
Chapter 581 (House Bill 2741), amended the Licensed Professional Counselor Act
and became effective September 1, 1993. The repeals and new sections are
necessary to prevent conflict between the new law and the rules and to implement
new requirements of law.
The new sections define and further clarify definitions; establish a new fees
schedule to reflect legislative amendments; establish application materials for
a provisional license; establish requirements for a temporary license; establish
guidelines for notifying examinees of test results; establish criteria for
obtaining a provisional license by endorsement; establish criteria for the
temporary suspension of a license on an emergency basis; and establish criteria
for serving subpoenas.
Subchapter A. The Board
22 TAC sec.681.2, sec.681.21
he repeals
are adopted on an emergency basis under Texas Civil Statutes, Article 4512g,
sec.6, which authorize the Texas State Board of Examiners of Professional
Counselors to adopt rules concerning the regulation and licensure of
professional counselors.
sec.681.2. Definitions.
sec.681.21. Fees.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330250
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
The new sections are adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.2. Definitions.
The following words and terms, when used in this
chapter, shall have the following meanings, unless the context clearly indicates
otherwise.
Act-The Licensed Professional Counselor Act, Texas Civil Statutes, Article
4512g, as amended.
Accredited universities -Universities as reported by the American Association
of Collegiate Registrars and Admission Officers.
APA-The Administrative Procedure Act, the Government Code, Chapter 2001.
Authorized representative -An individual authorized to act on behalf of a
licensee as evidenced by a written power of attorney or the licensee's spouse.
Board-The Texas State Board of Examiners of Professional Counselors.
Client-A person who seeks or receives services from a licensee.
Counseling intern -A person who holds a temporary license to practice
counseling.
Department-The Texas Department of Health.
Health care professional-A licensee or any other person licensed, certified,
or registered by the State in a health related profession.
License-A regular, provisional, or temporary license issued by the board
unless the content of the rule indicates otherwise.
Licensee-A person who holds a regular, provisional, or temporary license.
Recognized religious practitioner-A rabbi, clergyman, or person of similar
status who is a member in good standing of and accountable to a legally
recognized denomination or legally recognizable religious organization and other
individuals participating with them in pastoral counseling if:
(1) the counseling activities are within the scope of the performance of their
regular or specialized ministerial duties and are performed under the auspices
of sponsorship of an established and legally cognizable church, denomination or
sect, or an integrated auxiliary of a church as defined in Federal Tax
Regulations, 26 Code of Federal Regulations, sec.1.6033-2(g)(5)(i), (1982);
(2) the individual providing the service remains accountable to the
established authority of that church, denomination, sect, or integrated
auxiliary; and
(3) the person does not use the title of or hold himself or herself out as a
professional counselor.
Supervisor-A person approved by the board as meeting the requirements set out
in sec.681.83 of this title (relating to Supervisor Requirements), to supervise
a counseling intern.
sec.681.21. Fees.
(a) Fees are as follows:
(1) application and temporary license fee-$60;
(2) application and provisional license fee-$60;
(3) application fee for a regular license-$30;
(4) license examination fee-$80;
(5) regular license fee-$36;
(6) annual renewal fee-$40;
(7) late renewal fee-(when renewed after expiration date but on or within 90
days of expiration)-$80;
(8) license renewal penalty fee (must be paid along with renewal fee when
license is renewed more than 90 days but within one year of the expiration
date)-$75;
(9) inactive status fee-$75;
(10) license certificate or renewal card duplication or replacement fee-$10;
(11) returned check fee-$15;
(12) application materials fee-$5; and
(13) examination review fee-$25.
(b) Fees paid to the board by applicants are not refundable except in
accordance with sec.681.22 of this title (relating to Processing Procedures).
(c) Remittances submitted to the board in payment of fees may be in the form
of a personal check, cashier's check, or money order; however, a returned check
fee must be in the form of a cashier's check or money order.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330249
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
Subchapter C. Application Procedures
22 TAC sec.sec.681.53
The repeal is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.53. Required Application Materials.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330248
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
The new section is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6 which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.53. Required Application Materials.
(a) General application form. An application form shall contain:
(1) specific information regarding personal data, employment and type of
practice, other state licenses and certifications held, felony or misdemeanor
convictions, educational background including practicum experience, information
concerning supervised experience, and references, if applying for a regular
license;
(2) a statement that the applicant has read the Licensed Professional
Counselor Act (Act) and Texas State Board of Examiners of Professional Counselor
(board) rules, and agrees to abide by them;
(3) the applicant's permission to the board to seek any information or
references it deems fit to determine the applicant's qualifications;
(4) a statement that the applicant, if issued a license certificate, shall
return the license to the board upon the revocation or suspension of the
license;
(5) a statement that the applicant understands that fees submitted in the
licensing process are non-refundable;
(6) the applicant's signature, dated and notarized; and
(7) a recent full-face wallet-size photograph of the applicant with the
imprint of the notary seal on the edge of the photograph.
(b) Practicum documentation form if applying for a temporary or regular
license. The practicum documentation form shall contain:
(1) the applicant's name;
(2) the name and address of the agency or organization where the practicum was
done;
(3) the name, address, degree, position, and licensure status of the
supervisor of the practicum;
(4) inclusive dates of the practicum, the number of clock-hours of practice,
the number of academic semester hours awarded, and the name of the school at
which the practicum was taken;
(5) the type of setting, the kinds of clients seen, and the counseling methods
employed;
(6) any evaluation of the counseling skills of the applicant; and
(7) the signature of the supervisor or agency or school official who can
formally attest to the applicant's practicum experience.
(c) Supervised experience documentation form if applying for a regular
license. The supervised experience documentation form must be completed by the
applicant's supervisor and contain:
(1) the name of the applicant;
(2) the name, address, degree, licensure status, and credentials of the
applicant's supervisor;
(3) the name and address of the agency or organization where the experience
was gained;
(4) the inclusive dates of the supervised experience and the total number of
hours of practice;
(5) the number of hours of weekly face-to-face supervision given to the
applicant, the total number of supervisory hours received by the applicant in
the experience, and the types of supervision used;
(6) the applicant's employment status during supervised experience;
(7) the types of clients seen and counseling methods used;
(8) the supervisor's evaluation of the applicant's counseling skills and
competence for independent or private practice;
(9) the supervisor's notarized signature; and
(10) a statement that the supervised experience complies with the rules set
out in Subchapter E of this title (relating to Experience Requirements for
Examination and Licensure).
(d) Supervisory contract if applying for a temporary license. An applicant for
a temporary license must submit a copy of the board's supervisory contract
signed by both the supervisor and applicant.
(e) Graduate transcripts. An applicant must have the official transcript(s)
showing all relevant graduate work sent directly to the board from the school(s)
where the applicant obtained the course work.
(f) References. An applicant for any license must have board reference forms
submitted by three persons who can attest to the applicant's counseling skills
and professional standards of practice.
(1) The references shall be persons who are not named elsewhere in the
applicant's application and are not current members of the board.
(2) References must include at least one licensed professional counselor. All
references must be from persons licensed or certified in the counseling
profession or appropriately related professions.
(3) Applicants for a license shall not use current members of the board as
references.
(g) Provisional license based on endorsement. Applicants for a provisional
license based on endorsement must submit:
(1) a general application form as set out in subsection (a) of this section
and the provisional license fee;
(2) official documentation of licensure in another state or territory;
(3) official documentation that the applicant has passed a national
examination relating to counseling or an exam offered by another state or
territory for licensure as a counselor; and
(4) a letter of sponsorship from a person who holds a regular license in Texas
to practice counseling.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330247
James O. Mathis, Ed.D
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
Subchapter E. Experience Requirements for Examination and Licensure
22 TAC sec.681.81
The repeal is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.81. Purpose.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330246
James O. Mathis, Ed.D
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
The new section is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.81. Temporary License.
(a) The board will issue a temporary license to an applicant who:
(1) has filed an application form and temporary license fee;
(2) has met all of the academic requirements for licensure; and
(3) has entered into a supervisory agreement with a supervisor meeting the
requirements of sec.681.83 of this title (relating to Supervisor Requirements);
and
(4) has not failed any two successive board examinations.
(b) A person must obtain a temporary license before the person begins an
internship.
(c) A temporary licensee may practice only as part of his or her internship.
(d) A counseling intern must maintain a temporary license during his or her
supervised experience.
(e) A temporary license is valid for 30 months.
(f) A counseling intern who does not obtain a regular license during the 30
months may apply for a second temporary license. No more than two temporary
licenses will be issued.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330245
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
Subchapter F. Licensure Examinations
22 TAC sec.681. 98
The repeal is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.98. Notice of Results.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330244
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
The new section is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.98. Notice of Results.
(a) The board shall notify each examinee of the examination results within 30
days of the date of the examination.
(b) No matter what numerical or other scoring system the board may use in
arriving at examination results, the official notice of results to applicants
shall be stated in terms of "pass" or "fail."
(c) If the notice of examination results graded or reviewed by the national
testing service will be delayed for more than 90 days after the date of the
examination, the board shall notify the applicant before the 90th day.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330243
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
Subchapter G. Licensing
22 TAC sec.681.113
The repeal is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.113. Reciprocity.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330242
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1993
For further information, please call: (512) 834-6658
The new section is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6 which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.113. Endorsement.
(a) The board may grant a provisional license to a person who holds, at the
time of application, a license or certificate as a counselor issued by another
state or territory that is acceptable to the board. An applicant for a
provisional license must:
(1) submit an application and provisional license fee;
(2) be licensed in good standing as a counselor in another state or territory
that has licensing requirements that are substantially equivalent to the regular
licensing requirements of the Licensed Professional Counselor Act (Act);
(3) have passed a national examination relating to counseling or an exam
offered by another state or territory for licensure as a counselor; and
(4) be sponsored by a person who holds a regular license issued by the board
with whom the provisional licensee may practice.
(b) An applicant for a provisional licensee may be excused from the
requirement of subsection (a)(4) of this section if the board determines that
compliance with that subsection constitutes a hardship to the applicant.
(c) The board must complete the processing of a provisional licensee's
application for a license not later than the 180th day after the date the
provisional license is issued or at the time licenses are issued following the
successful completion of the examination, whichever is later.
(d) A provisional license is valid until the date the board approves or denies
the provisional licensee's application for a license.
(e) The board shall issue a regular license to the holder of a provisional
license if:
(1) the provisional licensee passes the examination required by the Act
sec.12; and
(2) the board verifies that the provisional licensee has the academic and
experience requirements for a regular license.
(f) The board shall consider only states and territories of the United States
as acceptable for the purposes of licensure by endorsement.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330241
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
Subchapter L. Complaints and Violations
22 TAC sec.681.192
The repeal is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6 which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.192. Denial, Revocation, or Suspension of Licensure.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330240
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
The new section is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6 which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.192. Disciplinary Action; Notices.
(a) The board may deny, revoke, temporarily suspend, or suspend a license, or
may probate disciplinary action, or may issue a reprimand to a person who has:
(1) violated any provision of the Licensed Professional Counselor Act (Act);
(2) violated any rule adopted by the board; or
(3) is legally committed to an institution because of mental incompetence from
any cause.
(b) Prior to institution of formal proceedings to revoke, or suspend a
license, the board shall give written notice to the licensee by personal service
or certified mail, return receipt requested, of the facts or conduct alleged to
warrant revocation or suspension; and the licensee or applicant shall be given
the opportunity, as described in the notice, to show compliance with all
requirements of the Act and this chapter.
(c) If denial, revocation, or suspension of a license is proposed, the board
shall give written notice by certified mail, return receipt requested; regular
mail; or personal delivery of the basis for the proposal and that the licensee
or applicant must request, in writing, a formal hearing within 10 days of
receipt of the notice, or the right to a hearing shall be waived and the license
shall be denied, revoked, or suspended.
(d) Receipt of a notice under subsection (b) or (c) of this section is
presumed to occur on the tenth day after the notice is mailed to the last
address known to the board unless another date is reflected on a United States
Postal Service return receipt.
(e) No notice or hearing is required for the board to issue a reprimand other
than notice to the licensee of the board meeting where the reprimand will be
considered.
(f) No prior notice or hearing is required to temporarily suspend a license;
however, appropriate notice shall be given prior to the hearing held after
temporary suspension of the license in accordance with the Act sec.16(A).
Issued in Austin, Texas, on October 11, 1993.
TRD-9330239
James O. Mathis, Ed.D.
Chair
texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
Subchapter M. Formal Hearings
22 TAC sec.681.216
The repeal is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6, which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.216. Subpoenas.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330238
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
The new section is adopted on an emergency basis under Texas Civil Statutes,
Article 4512g, sec.6 which authorize the Texas State Board of Examiners of
Professional Counselors to adopt rules concerning the regulation and licensure
of professional counselors.
sec.681.216. Subpoenas.
(a) On the hearing examiner's own motion or on the written request of any
party to the hearing, the hearing examiner shall issue a subpoena to the
appropriate sheriff or constable to require the attendance of witnesses or the
production of documents. A subpoena may be served by any person authorized to
serve subpoenas under the Civil Practice and Remedies Code.
(b) All procedures relating to subpoenas shall be in accordance with the
Administrative Procedure Act (Act).
(c) A party or witness may seek to quash the subpoena or move for a protective
order as provided in the Texas Rules of Civil Procedure.
(d) Documents include books, papers, accounts, and similar materials or
objects.
(e) A witness or deponent who is not a party and who is subpoenaed or
otherwise compelled shall be paid for mileage, transportation, meals, and
lodging expenses and a fee of $10 per day in accordance with the APA.
Issued in Austin, Texas, on October 11, 1993.
TRD-9330237
James O. Mathis, Ed.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 11, 1993
Expiration date: February 9, 1994
For further information, please call: (512) 834-6658
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part II. Texas Rehabilitation Commission
Chapter 116. Advisory Committees/Councils
40 TAC sec.sec.116.1-116.8
The Texas Rehabilitation Commission adopts on an emergency basis new
sec.sec.116.1-116.8, concerning advisory committees/councils. The new sections
adopted on an emergency basis are contemporaneously proposed for public comment
in this issue of the Texas Register.
The purpose of the emergency adoption is to comply with the provisions of
Senate Bill 383 (73rd Legislature), which requires that the Commission outline
in rule form the committees/councils which advise the Commission.
The new sections are adopted on an emergency basis under Texas Civil Statutes,
Article 6252-13a, sec.51(d), which provide emergency rulemaking powers, and
under the Texas Human Resource Code, sec.111.018, which provides the Texas
Rehabilitation Commission with rulemaking powers.
sec.116.1. Purpose. The purpose of this chapter is to identify the advisory
committees/councils of the Texas Rehabilitation Commission.
sec.116.2. Rehabilitation Advisory Council.
(a) Legal Basis. Rehabilitation Advisory Council is created pursuant to the
Rehabilitation Act of 1973, as amended, 29 United States Code, sec.725, and the
Texas Human Resources Code, s111.016. The federal law requires that the
Commission establish the Texas Rehabilitation Advisory Council in order to
receive financial assistance. Failure to establish the Council would prohibit
federal financial assistance.
(b) Purpose. The Rehabilitation Advisory Council advises the Texas
Rehabilitation Commission regarding the performance of the responsibilities of
the Commission in the provision of services to individuals with disabilities.
(c) Tasks. The Council shall:
(1) review, analyze, and advise the Commission regarding the performance of
responsibilities, particularly responsibilities relating to:
(A) eligibility (including order of selection);
(B) the extent, scope, and effectiveness of services provided; and
(C) functions performed by state agencies that affect or that potentially
affect the ability of individuals with disabilities in achieving rehabilitation
goals and objectives;
(2) advise the Commission and at its discretion, assist in the preparation of
applications, the state plan, the strategic plan and amendments to the plans,
reports, needs assessments, and evaluations required;
(3) to the extent feasible, conduct a review and analysis of the effectiveness
of, and consumer satisfaction with:
(A) the functions performed by state agencies and other public and private
entities responsible for performing functions for individuals with disabilities;
and
(B) vocational rehabilitation services-
(i) provided, or paid for from funds made available, under 29 United States
Code, sec.725 or through other public or private sources; and
(ii) provided state agencies and other public an private entities responsible
for providing vocational rehabilitation services to individuals with
disabilities;
(4) coordinate with other councils within the State, including the Statewide
Independent Living council established under 29 United States Code, sec.796d,
the advisory panel established under 20 United States Code, sec.1431(a)(12), the
State Planning Council described in 42 United States Code, sec.6024, and the
State mental health planning council established under 42 United States Code,
sec.300x-4(e);
(5) advise the Commission and provide for coordination and the establishment
of working relationships between the Commission and the statewide Independent
Living Council and centers for independent living within the state; and
(6) perform such other functions consistent with the Rehabilitation Act of
1973, as amended, as the Council determines to be appropriate that are
comparable to other functions performed by the Council.
(d) Reports. The Council shall:
(1) prepare and submit an annual report to the Governor or appropriate state
entity and the Commissioner on the status of vocational rehabilitation programs
operated within the state, and make the report available to the public; and
(2) submit to the Commissioner such periodic reports as the Commissioner may
reasonably request, and keep such records as the Commissioner finds necessary to
verify such reports.
(e) Funding. The council is funded primarily by federal funds and its
existence is required in order to receive and expend federal funds.
sec.116.3. Statewide Independent Living Council.
(a) Legal Basis. The Statewide Independent Living Council is created pursuant
to the Rehabilitation Act of 1973, as amended, 29 United States Code, sec.796d.
Failure to establish the Council would prohibit federal financial assistance.
(b) Purpose. The Rehabilitation Act of 1973, as amended, 29 United States
Code, sec.796d, requires that each state shall establish a Statewide Independent
Living Council.
(c) Tasks. The Statewide Independent Living Council shall:
(1) in conjunction with the TRC, jointly develop and submit the state plan for
independent living services as required by federal law;
(2) monitor, review, and evaluate the implementation of the state plan for
independent living;
(3) coordinate activities with the Rehabilitation Advisory Council set out in
sec.116.2 of this title (relating to Rehabilitation Advisory Council) and other
councils that address the needs of specific disability populations and issues
under other federal law;
(4) ensure that all regularly scheduled meetings of the Council are open to
the public and sufficient advance notice is provided.
(d) Reports. Submit to the federal government such periodic reports as the
federal government may reasonably request, and keep such records as the federal
government finds necessary to verify such reports.
(e) Funding. The council is funded primarily by federal funds and its
existence is required in order to receive and expend federal funds.
sec.116.4. Medical Consultation Advisory Committee.
(a) The Medical Consultation Advisory Committee is necessary to operate the
Federal-State rehabilitation programs under the Rehabilitation Act of 1973, as
amended 29 United States Code, sec.701 et seq and 34 Code of Federal Regulation
sec.361.1 which mandates the use of physicians and licensed psychologists in the
rehabilitation program.
(b) Purpose. The purpose of the Medical Consultation Committee is to bring
together many of the various specialties and disciplines involved in providing
medical examinations, consultations, and restorative services for the disabled,
in order that their broad range of knowledge may be made available and used by
those responsible for administering the medical aspects of the vocational
rehabilitation program and the social security administration disability
insurance program.
(c) Tasks.
(1) The Medical Consultation Committee advises the Commissioner concerning
policies and standards for provision of quality medical care, physical
restoration, fees for medical and surgical services, and rates for hospital
care.
(2) The Committee assists the Commission in maintaining constructive relations
with the medical profession and hospitals in the State and interpreting the
vocational rehabilitation and disability determination programs to the medical
profession and medical or related institutions.
(d) Reports. The Committee serves in a consultative role to the Commissioner
and reports directly to the Commissioner following Committee meetings and as
otherwise directed by the Commissioner.
(e) Funding. The Committee is funded primarily by federal funds and its
existence is essential to the receipt of federal funds.
sec.116.5. Community Rehabilitation Programs Advisory Committee.
(a) Legal Basis. The Community Rehabilitation Programs Advisory Committee is
created pursuant to the Rehabilitation Act of 1973, as amended, 29 United States
Code, sec.701 et seq, and the Texas Human Resource Code, sec.111 et seq. Federal
law requires that the commission utilize Community Rehabilitation Programs to
the maximum extent feasible and that the Commission assess the capacity and
effectiveness of Community Rehabilitation Programs.
(b) Purpose. The community Rehabilitation Programs Advisory Committee advises
the Texas Rehabilitation Commission regarding utilization and assessment of
community Rehabilitation Programs.
(c) Tasks. The Committee advises the commission regarding:
(1) utilization of Community Rehabilitation Programs to the maximum extent
feasible;
(2) establishing and monitoring of standards for the services provided by
Community Rehabilitation Programs; and
(3) assessing the capacity and effectiveness of Community Rehabilitation
Programs.
(d) Reports. The Committee provides recommendations to the Commission in
periodic reports to the Deputy Commissioner for Rehabilitation Services.
(e) Funding. The Committee is funded primarily by federal funds.
sec.116.6. Increased Client Choice Advisory Committee.
(a) Legal Basis. The Increased Client Choice Advisory Committee is created
pursuant to the Rehabilitation Act of 1973, as amended, 29 United States Code,
sec.701 et seq, and the Texas Human Resource Code, sec.111 et seq. Federal law
requires increased client choice in the vocational rehabilitation program and
authorizes federal discretionary grant funds to implement increased client
choice.
(b) Purpose. The committee was formed to design an application for a federal
grant to increase client choice in the vocational rehabilitation program and to
guide the implementation of increased client choice.
(c) Tasks. The Committee designed an application for the federal grant and
will guide the implementation of increased client choice.
(d) Reports. The Committee serves in a consultative role to the Commission and
reports to the Commissioner as directed by the Commissioner.
(e) Funding. The Committee is funded primarily by federal funds.
sec.116.7. Comprehensive Rehabilitation Advisory Committee.
(a) Legal Basis. The Comprehensive Rehabilitation Advisory Committee is
created by the Commissioner of the Texas Rehabilitation Commission pursuant to
the authority granted to him by the Texas Human Resource Code, sec.111.023 and
sec.111.060.
(b) Purpose. The purpose of the Comprehensive Rehabilitation Advisory
Committee is to advise the Commissioner regarding the development and
implementation of the Comprehensive Rehabilitation Program to assist individuals
with closed head injuries and spinal cord injuries as described in Chapter 113
of this title.
(c) Tasks. The task of the Committee is to provide ongoing review and input
regarding the goals and objectives of the Comprehensive Rehabilitation Program.
(d) Reports. The Committee serves in a consultative role to the Commission and
reports to the Commissioner following Committee meetings and as otherwise
directed by the Commissioner.
(e) Funding. The committee is funded through state funds from the
Comprehensive Rehabilitation Fund created at the Texas Human Resource Code,
sec.111.060.
sec.116.8. Deaf-Blind Advisory Committee.
(a) Legal Basis. The Deaf-Blind Advisory Committee is created by the
Commissioner of the Texas Rehabilitation Commission pursuant to the authority
granted to him by the Texas Human Resource Code, sec.111.023 and sec.113.001.
(b) Purpose. The purpose of the Committee is to bring consumers together with
many of the various specialists and interested parties involved in the provision
of services to people who are deaf-blind multihandicapped so that the broad
range of experience and knowledge of the Committee is made available and used by
those responsible for administering the TRC's Deaf-Blind Program.
(c) Tasks. The main task of the Committee is to provide consumer input to the
Commission concerning policies, standards, and issues related to the provision
of quality services to people who are deaf-blind multihandicapped, a group of
persons with severe disabilities who are served by the Commission.
(d) Reports. The Committee serves in a consultative role to the Commission
and reports to the Commissioner following Committee meetings and as otherwise
directed by the Commissioner.
(e) Funding. The Deaf-blind Program is funded by state funds appropriated to
Texas Rehabilitation Commission pursuant to the Texas Human Resource Code,
sec.113.001.
Issued in Austin, Texas, on October 12, 1993.
TRD-9330307
Charles W. Schiesser
Associate Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: October 12, 1993
Expiration date: December 12, 1993
For further information, please call: (512) 483-4051