Texas Human Resources Code Title 11, Chapter 161 - Department Of Aging And Disability Services

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 161.001 - Definitions
  In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Commissioner" means the commissioner of aging and disability services. (3) "Council" means...
• Texas Section 161.002 - Agency
  The department is an agency of the state. Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A. Amended by: Acts 2015, 84th Leg., R.S.,...

SUBCHAPTER B ADMINISTRATIVE PROVISIONS

• Texas Section 161.003 - Sunset Provision
  Unless the commission is continued in existence as provided by Chapter 325, Government Code, after the review required by Section 531.004, Government Code, this chapter...
• Texas Section 161.021 - Aging And Disability Services Council
  (a) The Aging and Disability Services Council is created to assist the commissioner in developing rules and policies for the department. (b) The council is...
• Texas Section 161.022 - Appointments
  (a) Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (b)...
• Texas Section 161.023 - Training Program For Council Members
  (a) A person who is appointed as a member of the council may not vote, deliberate, or be counted as a member in attendance at...
• Texas Section 161.024 - Terms
  (a) Council members serve for staggered six-year terms with the terms of three members expiring February 1 of each odd-numbered year. (b) A member of...
• Texas Section 161.025 - Vacancy
  The governor by appointment shall fill the unexpired term of a vacancy on the council. Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A....
• Texas Section 161.026 - Presiding Officer; Other Officers; Meetings
  (a) The governor shall designate a member of the council as the presiding officer to serve in that capacity at the pleasure of the governor....
• Texas Section 161.027 - Reimbursement For Expenses
  A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by...
• Texas Section 161.028 - Public Interest Information And Complaints
  (a) The commissioner, with the advice of the council, shall prepare information of public interest describing the functions of the department and the procedures by...
• Texas Section 161.029 - Public Access And Testimony
  (a) The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on...
• Texas Section 161.030 - Policymaking And Management Responsibilities
  The commissioner, with the advice of the council and subject to the approval of the executive commissioner, shall develop and the department shall implement policies...

SUBCHAPTER C PERSONNEL

• Texas Section 161.032 - Offices
  The department shall maintain its central office in Austin. The department may maintain offices in other areas of the state as necessary. Added by Acts...
• Texas Section 161.051 - Commissioner
  (a) The executive commissioner shall appoint a commissioner of the department with the approval of the governor. The commissioner is to be selected according to...
• Texas Section 161.0515 - Assistant Commissioner For State Supported Living Centers
  (a) The commissioner shall employ an assistant commissioner for state supported living centers. The assistant commissioner must be selected based on education, training, experience, and...
• Texas Section 161.052 - Personnel
  (a) The department may employ, compensate, and prescribe the duties of personnel necessary and suitable to administer this chapter. (b) The executive commissioner shall prepare...
• Texas Section 161.053 - Information About Qualifications And Standards Of Conduct
  The commissioner or the commissioner's designee shall provide to department employees, as often as necessary, information regarding the requirements for employment under this chapter or...
• Texas Section 161.054 - Merit Pay
  Subject to rules adopted by the executive commissioner, the commissioner or the commissioner's designee shall develop a system of annual performance evaluations. All merit pay...
• Texas Section 161.0541 - Maintenance Of Merit System
  The merit system established as provided by Section 161.054 may be maintained in conjunction with other state agencies that are required by federal law to...
• Texas Section 161.055 - Career Ladder
  The commissioner or the commissioner's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry-level positions concurrently with...
• Texas Section 161.056 - Equal Employment Opportunity Policy
  (a) Subject to rules adopted by the executive commissioner, the commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements...

SUBCHAPTER D POWERS AND DUTIES OF DEPARTMENT

• Texas Section 161.057 - Criminal Background Checks
  (a) In this section, "eligible person" means a person whose criminal history record information the department is entitled to obtain from the Department of Public...
• Texas Section 161.071 - General Powers And Duties Of Department
  The department is responsible for administering human services programs for the aging and persons with disabilities, including: (1) administering and coordinating programs to provide community-based...
• Texas Section 161.0711 - Contracting And Auditing Authority; Delegation
  (a) The executive commissioner, as authorized by Section 531.0055, Government Code, may delegate to the department the executive commissioner's authority under that section for contracting...
• Texas Section 161.0712 - Management And Direction By Executive Commissioner
  The department's powers and duties prescribed by this chapter and other law, including enforcement activities and functions, are subject to the executive commissioner's oversight under...
• Texas Section 161.072 - Information Regarding Complaints
  (a) The department shall maintain a file on each written complaint filed with the department. The file must include: (1) the name of the person...
• Texas Section 161.073 - Rules
  The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government...
• Texas Section 161.074 - Competitive Grant Program
  (a) The department shall establish a competitive grant program that promotes innovation in the delivery of aging and disability services and improves the quality of...
• Texas Section 161.075 - Immunity For Area Agencies On Aging And Agency Employees And Volunteers
  (a) In this section: (3) "Volunteer" means a person who: (A) renders services for or on behalf of an area agency on aging under the...
• Texas Section 161.076 - On-site Surveys Of Certain Providers
  At least every 12 months, the department shall conduct an unannounced on-site survey in each group home, other than a foster home, at which a...
• Texas Section 161.077 - Investigation Database
  (a) The department, in consultation with the Department of Family and Protective Services, shall develop and maintain an electronic database to collect and analyze information...
• Texas Section 161.078 - Eligibility For Deaf-blind With Multiple Disabilities Waiver Program
  (a) Subject to the availability of funds appropriated for that purpose, the department shall provide home-based and community-based services under the deaf-blind with multiple disabilities...
• Texas Section 161.079 - Informal Caregiver Services
  (a) In this section: (1) "Area agency on aging" has the meaning assigned by Section 161.075. (2) "Local entity" means an area agency on aging...
• Texas Section 161.080 - Contracts For Services For Individuals With Developmental Disabilities
  (a) A person that provides services to individuals with developmental disabilities may contract with a state supported living center for the center to provide services...
• Texas Section 161.081 - Long-term Care Medicaid Waiver Programs: Streamlining And Uniformity
  (a) In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code. (b) The department, in consultation with the commission,...
• Texas Section 161.082 - Long-term Care Medicaid Waiver Programs: Utilization Review
  (a) In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code. (b) The department shall perform a utilization review...
• Texas Section 161.083 - Corrections Medication Aides
  (a) The executive commissioner shall establish: (1) minimum standards and procedures for the approval of corrections medication aide training programs, including curricula, developed under Section...
• Texas Section 161.084 - Medicaid Service Options Public Education Initiative
  (a) In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code. (b) The department, in cooperation with the commission,...
• Texas Section 161.085 - Interest List Reporting
  The department shall post on the department's Internet website historical data, categorized by state fiscal year, on the percentages of individuals who elect to receive...
• Texas Section 161.086 - Electronic Visit Verification System
  If it is cost-effective, the department shall implement an electronic visit verification system under appropriate programs administered by the department under the Medicaid program that...
• Texas Section 161.087 - Gifts And Grants
  (a) The department may accept gifts and grants of money, personal property, and real property from public or private sources to expand and improve the...
• Texas Section 161.088 - Trauma-informed Care Training
  (a) The department shall develop or adopt trauma-informed care training for employees who work directly with individuals with intellectual and developmental disabilities in state supported...

SUBCHAPTER D-1 ADMINISTRATION OF MEDICATION FOR CLIENTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES

• Texas Section 161.088 - Administrative Penalties
  (a) This section applies to the following waiver programs established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and administered by the department...
• Texas Section 161.091 - Definitions
  In this subchapter: (1) "Administration of medication" means: (A) removing a unit or dose of medication from a previously dispensed, properly labeled container; (B) verifying...
• Texas Section 161.092 - Applicability
  This subchapter applies only to administration of medication provided to certain persons with intellectual and developmental disabilities who are served: (1) in a small facility...
• Texas Section 161.093 - Administration Of Medication
  (a) Notwithstanding other law, an unlicensed person may provide administration of medication to a client without the requirement that a registered nurse delegate or oversee...
• Texas Section 161.094 - Department Duties
  (a) The department shall ensure that: (1) administration of medication by an unlicensed person under this subchapter is reviewed at least annually and after any...
• Texas Section 161.095 - Liability
  (a) A registered nurse performing a client assessment required under Section 161.093, or a registered nurse or licensed vocational nurse training an unlicensed person or...

SUBCHAPTER E GUARDIANSHIP SERVICES

• Texas Section 161.096 - Conflict With Other Law
  This subchapter controls to the extent of a conflict with other law. Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1,...
• Texas Section 161.101 - Guardianship Services
  (a) The department shall file an application under Section 1101.001 or 1251.003, Estates Code, to be appointed guardian of the person or estate, or both,...
• Texas Section 161.102 - Referral To Guardianship Program, Court, Or Other Person
  (a) If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that...
• Texas Section 161.103 - Contract For Guardianship Services
  If appropriate, the department may contract with a political subdivision of this state, a guardianship program as defined by Section 1002.016, Estates Code, a private...
• Texas Section 161.104 - Quality Assurance Program
  The department shall develop and implement a quality assurance program for guardianship services provided by or on behalf of the department. If the department enters...
• Texas Section 161.105 - Oath
  A representative of the department shall take the oath required by the Estates Code on behalf of the department if the department is appointed guardian...
• Texas Section 161.106 - Guardianship Powers And Duties
  In serving as guardian of the person or estate, or both, for an incapacitated individual, the department has all the powers granted and duties prescribed...
• Texas Section 161.107 - Exemption From Guardianship Bonds, Certain Costs, Fees, And Expenses
  (a) The department or a political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to...
• Texas Section 161.108 - Successor Guardian
  The department shall review each of the department's pending guardianship cases at least annually to determine whether a more suitable person, including a guardianship program...
• Texas Section 161.109 - Access To Records Or Documents
  (a) The department shall have access to all of the records and documents concerning an individual who is referred for guardianship services or to whom...
• Texas Section 161.110 - Legal Representation Of Department
  (a) Except as provided by Subsection (b), (c), or (f), the prosecuting attorney representing the state in criminal cases in the county court shall represent...
• Texas Section 161.111 - Confidentiality And Disclosure Of Information
  (a) All files, reports, records, communications, or working papers used or developed by the department in the performance of duties relating to the assessment for...
• Texas Section 161.112 - Indemnification For Legal Expenses
  If a present or former employee of the department who was involved in activities related to the provision of guardianship services under this subchapter is...
• Texas Section 161.113 - Immunity
  (a) In this section, "volunteer" means a person who: (1) renders services for or on behalf of the department under the supervision of a department...

SUBCHAPTER F LIFESPAN RESPITE SERVICES PROGRAM

• Texas Section 161.114 - Use Of Volunteers
  (a) In this section, "volunteer" has the meaning assigned by Section 161.113. (b) The department shall encourage the involvement of volunteers in guardianships in which...
• Texas Section 161.151 - Definitions
  In this subchapter: (1) "Chronic serious health condition" means a health condition that: (A) requires periodic treatment by a health care provider, including a nurse...
• Texas Section 161.152 - Lifespan Respite Services Program
  Sec. 161.152. LIFESPAN RESPITE SERVICES PROGRAM.The department shall implement the lifespan respite services program to promote the provision of respite services through contracts with eligible...
• Texas Section 161.153 - Eligibility
  (a) A person is eligible to participate in the program if the person: (1) is the primary caregiver for a person who: (A) is related...
• Texas Section 161.154 - Respite Services Contracts
  (a) The department shall contract with at least three eligible community-based organizations or local governmental entities selected by the department to: (1) provide respite services;...
• Texas Section 161.155 - Respite Services Coordinator Functions
  A respite services coordinator under contract with the department shall: (1) maintain information regarding respite services providers; (2) build partnerships with respite services providers; and...

SUBCHAPTER G LEGISLATIVE COMMITTEE ON AGING

• Texas Section 161.156 - Rules
  The executive commissioner shall adopt rules necessary to implement this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff....
• Texas Section 161.251 - Definitions
  In this subchapter: (1) "Committee" means the Legislative Committee on Aging. (2) "Health and human services agency" has the meaning assigned by Section 531.001, Government...
• Texas Section 161.252 - Legislative Committee On Aging Established
  The Legislative Committee on Aging is established to: (1) study issues relating to the aging population of Texas, including issues related to the health care,...
• Texas Section 161.253 - Composition Of Committee; Presiding Officer
  (a) The committee is composed of: (1) two members of the senate appointed by the lieutenant governor; (2) two members of the house of representatives...
• Texas Section 161.254 - Committee Powers And Duties
  (a) The committee shall: (1) meet at least biannually at the call of the presiding officer; (2) conduct a continuing study of issues relating to...

SUBCHAPTER H CERTAIN INITIATIVES RELATING TO AGING

• Texas Section 161.255 - Report
  (a) The committee shall report to the standing committees of the senate and the house of representatives having jurisdiction of issues related to the needs...
• Texas Section 161.301 - Definition
  In this subchapter, "fund" means the Chris Kyker Endowment for Seniors Fund established under this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 318...
• Texas Section 161.302 - Contract To Provide Outreach And Input Relating To Aging Population
  (a) The executive commissioner may contract with an entity to: (1) conduct local forums throughout this state to solicit input on and discuss policies regarding...
• Texas Section 161.303 - Establishment And Administration Of Fund
  (a) The Chris Kyker Endowment for Seniors Fund is a special fund outside the state treasury held by the comptroller. (b) The comptroller shall deposit...

SUBCHAPTER I FALL PREVENTION AWARENESS

• Texas Section 161.304 - Use Of Fund
  (a) The following may be used only to fund a contract entered into under Section 161.302: (1) contributions to the fund described by Section 161.303(b)(2);...
• Texas Section 161.351 - Legislative Findings
  The legislature finds that: (1) in 2008, 1.14 million older Texans were expected to sustain falls; (2) the risk factors associated with falling increase with...
• Texas Section 161.352 - Fall Prevention Awareness Week
  The week that begins on the first Sunday of each year that falls after the date of the autumnal equinox is declared "Fall Prevention Awareness...
• Texas Section 161.353 - Fall Prevention Policy
  The department may develop recommendations to: (1) raise public awareness about fall prevention; (2) educate older adults and individuals who provide care to older adults...

Last modified: September 28, 2016