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 40. SOCIAL SERVICES AND ASSISTANCE 
 Part II. Texas Rehabilitation Commission 
  Chapter 116. Advisory Committees/Councils 
  
  40 TAC sec.sec.116.1-116.9 
 
  The Texas Rehabilitation Commission adopts on an emergency basis new 
sec.sec.116.1-116.9, 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 require that the Commission outline in 
rule form the committees/councils which advise the Commission. 
 These sections are adopted on an emergency basis under Texas Civil Statutes, 
Article, 6252-13a sec.51(d), which provides 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. The Rehabilitation Advisory Council is created pursuant to 
the Rehabilitation Act of 1973, as amended, 29 United States Code Annotated, 
sec.725, and the Texas Human Resource Code, sec.111.016. Federal law requires 
that the Commission establish the Texas Rehabilitation Advisory Council in order 
to received federal 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 Annotated, sec.725, or through other public or private sources; and 
   
  (ii) provided state agencies and other public and 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 Annotated, 
sec.796d, the advisory panel established under 20 United States Code Annotated, 
sec.1431(a)(12), the State Planning Council described in 42 United States Code 
Annotated, sec.6024, and the state mental health planning council established 
under 42 United States Code Annotated, 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 Annotated, 
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 
Annotated, 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 above and other councils that address the needs of specific disability 
populations and issues under other federal law; and 
   
  (4) ensure that all regularly scheduled meetings of the Council are open to 
the public and sufficient advance notice is provided. 
     
  (d)  Reports. The Council shall 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 Annotated, 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 Annotated,  s701 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 
Annotated, 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 Commission as directed by the Commissioner. 
   
  (e) Funding. The Committee is funded primarily by federal funds. 
 
     
  sec.116.7. Regional Consumer Advisory Committee. 
 
  (a) Legal basis. The Regional Consumer Advisory Committee is created pursuant 
to the Rehabilitation Act of 1973, as amended, 29 United States Code Annotated, 
sec.701 et seq, and the Texas Human Resource Code, sec.111 et seq. Federal law 
requires that the Commission establish the Texas Rehabilitation Advisory Council 
in order to receive federal financial assistance. The Commission is establishing 
Regional Consumer Advisory Committee(s) on a pilot project basis to see if such 
Regional Committees allow greater opportunity for consumers to provide input 
into TRC service delivery programs. 
   
  (b) Purpose. The Regional Consumer Advisory Committee advises the Regional 
Office of 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 Committee will bring together consumers of services of the 
Commission to advise the Regional Director of the effectiveness of the 
Commission's services to individuals with disabilities. 
   
  (d) Reports. The Committee serves in a consultative role to the Commission, 
and provides recommendations in periodic reports to the Regional Director. 
   
  (e)  Funding. The Committee is funded primarily by Federal funds. 
 
     
  sec.116.8. Comprehensive Rehabilitation Advisory Committee. 
 
  (a)  Legal basis. The Comprehensive Rehabilitation Advisory Committee is 
created by the Commissioner of the TRC pursuant to the authority granted by the 
Texas Human Resource Code,  s111.023 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 (relating to Comprehensive Medical Rehabilitation). 
   
  (c) Tasks. The tasks 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 by the Texas Human Resource Code, 
sec.111.060. 
 
     
  sec.116.9. Deaf-Blind Advisory Committee. 
 
  (a) Legal basis. The Deaf-Blind Advisory Committee is created by the 
commissioner of the TRC pursuant to the authority granted 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 tasks 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 
TRC pursuant to the Texas Human Resource Code, sec.113. 001. 
 
  Issued in Austin, Texas, on October 14, 1993. 
 TRD-9330460 
  Charles W. Schiesser 
 Associate Commissioner for Legal Services 
 Texas Rehabilitation Commission 
    Effective date: October 14, 1993 
 Expiration date: December 14, 1993 
 For further information, please call: (512) 483-4051