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 102. Texas Rehabilitation Advisory Council 
  
  40 TAC sec.sec.102.1-102.5 
 
  The Texas Rehabilitation Commission adopts on an emergency basis new 
sec.sec.102.1-102.5, concerning the Texas Rehabilitation Advisory Council. 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 the 
Rehabilitation Act of 1973, sec.105, as amended, which requires that the 
Commission have an operating Texas Rehabilitation Advisory Council no later than 
October 29, 1993, in order to receive and expend federal funds under the 
Rehabilitation Act of 1973, as amended. 
 The new section is adopted on an emergency basis pursuant to Texas Civil 
Statutes, Article 6252-13a, sec.5(a)(8)(d), which allow the Commission to adopt 
a rule on less than 30 days' notice when required to do so by federal law. 
 
 
  sec.102.1. Establishment. 
 
  (a) To receive federal financial assistance, the United States Code Annotated, 
Title 29, sec.725, mandates that the State of Texas must establish the Texas 
Rehabilitation Advisory Council (referred to henceforth as the Council). Failure 
to establish the Council would prohibit federal financial assistance. 
   
  (b) The Council is created by the Human Resources Code, Title 7, sec.111.016, 
in accordance with the federal Rehabilitation Act Amendments of 1992, Public Law 
102-569. State statutory authority for administration of the Council is granted 
in the Human Resources Code, Title 7. 
 
     
  sec.102.2. Definitions.  Words and terms are used as defined in the 
Rehabilitation Act of 1973, as amended, and implemented by 34 Code of Federal 
Regulations and the Human Resources Code, Title 7, unless the context clearly 
indicates another meaning. Words and terms defined in such federal and state 
laws and regulations are applicable to this part. 
   
   Chairperson-The chairperson of the Texas Rehabilitation Advisory Council. 
   
   Commission-The Texas Rehabilitation Commission. 
   
   Commissioner-The chief administrative officer of the Texas Rehabilitation 
Commission. 
   
   Council-The Texas Rehabilitation Advisory Council. 
   
   ex officio-By virtue of the office. 
 
   
  sec.102.3. Composition and appointment. 
 
  (a) Composition of the Council shall consist of: 
 
  (1) at least one representative of the Statewide Independent Living Council 
established under the Rehabilitation Act of 1973, sec.705, as amended, which 
representative may be the chairperson or other designee of the Council; 
   
  (2) at least one representative of a parent training and information center 
established pursuant to the Individuals with Disabilities Education Act (20 
U.S.C. 1431(e)(1)), sec.631(e)(1); 
   
  (3)  at least one representative of the client assistance program established 
under the Rehabilitation Act of 1973,  s112, as amended; 
   
  (4) at least one vocational rehabilitation counselor, with knowledge of and 
experience with vocational rehabilitation programs, who shall serve as an ex 
officio, nonvoting member of the Council if the counselor is an employee of the 
Commission; 
   
  (5) at least one representative of community rehabilitation service providers; 
   
  (6) four representatives of business, industry, and labor; 
   
  (7) representatives of disability advocacy groups representing a cross section 
of: 
 
  (A) individuals with physical, cognitive, sensory, and mental disabilities; 
and 
   
  (B)  parents, family members, guardians, advocates, or authorized 
representatives of individuals with disabilities who have difficulty in 
representing themselves or are unable due to their disabilities to represent 
themselves; and 
     
  (8) current or former applicants for, or recipients of, vocational 
rehabilitation services. 
     
  (b) The Commissioner shall be an ex officio member of the Council. 
   
  (c) Council members are appointed by the Governor after soliciting 
recommendations from representatives of organizations representing a broad range 
of individuals with disabilities and organizations interested in individuals 
with disabilities. The Governor will select persons who have demonstrated 
knowledge of, an interest in, disability issues. Appointments will reflect a 
balanced representation of disability, geographic region, and ethnicity. 
   
  (d) A majority of Council members shall be persons who are individuals with 
disabilities and not employed by the Commission. 
   
  (e) A chairperson will preside over Council meetings. 
   
  (f) Each member of the Council shall serve for a term of not more than three 
years, except that; 
 
  (1)  a member appointed to fill a vacancy occurring prior to the expiration of 
the term for which a predecessor was appointed shall be appointed for the 
remainder of such term; and 
   
  (2) the terms of service of the members initially appointed shall be (as 
specified by the appointing authority) for such fewer number of years as will 
provide for the expiration of terms on a staggered basis. 
     
  (g) No member of the Council may serve more than two consecutive terms. 
   
  (h) Any vacancy occurring in the membership of the Council shall be filled in 
the same manner as the original appointment. The vacancy shall not affect the 
power of the remaining members to execute the duties of the Council. 
 
     
  sec.102.4. Functions of the Council. 
 
  (a) 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 Title 29, 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) 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; 
   
  (5) coordinate with other councils within the State, including the Statewide 
Independent Living council established under Title 29, sec.796d, the advisory 
panel established under Title 20, sec.1431(a)(12), the State Planning Council 
described in Title 42, sec.6024, and the State mental health planning council 
established under Title 42, sec.300x-4(e); 
   
  (6) 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 
   
  (7) 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. 
 
       
  sec.102.5. Resources. 
 
  (a) The Council shall prepare, in conjunction with the Commission, a plan for 
the provision of such resources, including staff and other personnel, as may be 
necessary to carry out the functions of the Council. The resource plan shall, to 
the maximum extent possible, rely on the use of resources in existence during 
the period of implementation of the plan. 
   
  (b) To the extent there is a disagreement between the Council and the 
Commission in regard to the resources necessary to carry out the functions of 
the Council, the disagreement shall be resolved by the Governor. 
   
  (c) The Council shall, consistent with State law, supervise and evaluate such 
staff and other personnel as may be necessary to carry out its functions. 
   
  (d) While assisting the Council in carrying out its duties, staff and other 
personnel shall not be assigned duties by the Commission or any other agency or 
office of the State, that would create a conflict of interest. 
   
  (e) No member of the Council shall cast a vote on any matter that would 
provide direct financial benefit to the member or otherwise give the appearance 
of a conflict of interest under State law. 
   
  (f) The Council shall convene at least four meetings a year in such places as 
it determines to be necessary to conduct Council business and conduct such 
forums or hearings as the Council considers appropriate. The meetings, hearings, 
and forums shall be publicly announced. The meetings shall be open and 
accessible to the general public unless there is a valid reason for an executive 
session. 
   
  (g) The Council may use funds appropriated under this subchapter (except for 
funds appropriated to carry out the client assistance program under Title 29, 
sec.112, and funds reserved pursuant to Title 29, sec.110(d) to carry out Title 
29, part D), to reimburse members of the Council for reasonable and necessary 
expenses of attending Council meetings and performing Council duties. Authority 
for Council member reimbursement is established by federal laws. Members are 
reimbursed for actual and necessary expenses of travel, lodging, and meals. They 
are also reimbursed for attendant care and/or child care expenses, when 
necessary. The Council may also use appropriated funds to pay compensation to a 
member of the Council, if such member is not employed or must forfeit wages from 
other employment, for each day the member is engaged in performing the duties of 
the Council. Members receive $30 per meeting day as compensatory per diem. 
   
  (h) The Council is authorized to hold such hearings and forums as the Council 
may determine to be necessary to carry out the duties of the Council. 
 
  Issued in Austin, Texas, on October 19, 1993. 
 TRD-9330647 
  Charles W. Schiesser 
 Associate Commissioner for Legal Services Division 
 Texas Rehabilitation Commission 
    Effective date: October 29, 1993 
 Expiration date: January 29, 1994 
 For further information, please call: (512) 483-4051