Texas Human Resources Code Title 2, Chapter 40 - Department Of Family And Protective Services

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 40.001 - Definitions
  In this subtitle: (1) Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(1), eff. September 1, 2005. (2) Repealed by Acts 2015, 84th Leg.,...
• Texas Section 40.002 - Department Of Family And Protective Services; General Duties Of Department
  (a) The Department of Family and Protective Services is composed of the council, the commissioner, an administrative staff, and other employees necessary to efficiently carry...
• Texas Section 40.0025 - Agency Functions
  (a) In this section, "function" includes a power, duty, program, or activity and an administrative support services function associated with the power, duty, program, or...
• Texas Section 40.0026 - References In Law Meaning Department
  In this code or any other law, a reference to the department in relation to a function described by Section 40.0025(b) means the department. A...
• Texas Section 40.0027 - References In Law Meaning Commissioner Or Designee
  In this code or in any other law, a reference to the commissioner in relation to a function described by Section 40.0025(b) means the commissioner....
• Texas Section 40.003 - Sunset Provision
  The Department of Family and Protective Services is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that...
• Texas Section 40.004 - Public Interest Information And Public Access
  (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 40.0041 - Complaint Process
  (a) The executive commissioner by rule shall develop and implement a uniform process for receiving and resolving complaints against the department throughout the state. The...
• Texas Section 40.005 - Confidentiality Of Information
  (a) The executive commissioner shall establish and the department shall enforce rules governing the custody, use, and preservation of the department's records, papers, files, and...
• Texas Section 40.006 - Application Of Other Laws
  (a) The department is subject to Chapters 551, 2001, and 2002, Government Code. (b) The department is not required to comply with Chapter 53, Occupations...
• Texas Section 40.007 - Reporting Requirement; Professional Fees
  (a) The department shall include in any report required by law concerning the department's expenditures information relating to fees for professional or consultative services provided...

SUBCHAPTER B ADMINISTRATIVE PROVISIONS

• Texas Section 40.008 - Program Accessibility
  The department shall comply with federal and state laws related to program and facility accessibility. The department shall also prepare and maintain a written plan...
• Texas Section 40.021 - Family And Protective Services Council
  (a) The Family and Protective Services Council is created to assist the commissioner in developing rules and policies for the department. (b) The council is...
• Texas Section 40.022 - 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 40.0226 - 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 40.024 - Terms; Vacancy
  (a) Members of the council serve for staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year. (b) A...
• Texas Section 40.025 - 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 40.026 - 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 40.027 - Commissioner
  (a) The executive commissioner shall appoint a commissioner in accordance with Section 531.0056, Government Code. The commissioner is to be selected according to education, training,...
• Texas Section 40.030 - Advisory Committees
  (a) The executive commissioner or the executive commissioner's designee may appoint advisory committees in accordance with Chapter 2110, Government Code. (b) The executive commissioner shall...
• Texas Section 40.0315 - Investigation Unit For Adult Protective Services
  (a) The adult protective services division of the department shall maintain an investigation unit to investigate allegations of abuse, neglect, and exploitation of elderly persons...
• Texas Section 40.032 - Personnel
  (a) The department may employ personnel necessary to administer the department's duties. (b) The department shall develop an intradepartmental career ladder program that addresses opportunities...
• Texas Section 40.0321 - Salary Supplementation By County Or Municipality
  (a) A county or municipality may supplement, from its own funds, the salary of a department employee whose duties include providing services as part of,...
• Texas Section 40.0322 - Qualifications For Adult Protective Services Personnel; Recruitment
  (a) In hiring department employees whose duties include providing services as part of, or relating to, the provision of adult protective services directly to an...
• Texas Section 40.0323 - Coordination Regarding Recruitment For And Curriculum Of Certain Certificate Or Degree Programs
  Subject to the availability of funds, the department and the Texas Higher Education Coordinating Board jointly shall develop strategies to: (1) promote certificate or degree...
• Texas Section 40.0325 - Study Of Caseworker Education Reimbursement
  (a) The department shall study the effect that providing reimbursement for certain educational expenses would have on recruiting and retaining qualified child protective services caseworkers....
• Texas Section 40.0326 - Recruitment Of Caseworkers
  When recruiting child protective services caseworkers, the department shall target its recruitment efforts toward individuals who hold a bachelor's degree or advanced degree in at...
• Texas Section 40.033 - Merit System
  (a) Subject to rules adopted by the executive commissioner, the department may establish a merit system for its employees. (b) The merit system may be...
• Texas Section 40.034 - Prohibited Activities By Former Officers Or Employees
  (a) For one year after the date on which a former officer or employee of the department terminates service or employment with the department, the...
• Texas Section 40.035 - Training Program For Adult Protective Services; Continuing Education
  (a) The department shall develop and implement a training program that each newly hired or assigned department employee must complete before: (1) initiating an investigation...

SUBCHAPTER C GENERAL FUNCTIONS OF DEPARTMENT

• Texas Section 40.037 - Training Program For Child Protective Services Managers
  (a) The department shall develop and implement a training program that each employee who is newly hired or promoted to a management position in the...
• Texas Section 40.0505 - Powers And Duties Of Commissioner; Effect Of Conflict With Other Law
  To the extent a power or duty given to the commissioner by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055...
• Texas Section 40.0506 - 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 40.0507 - 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 40.051 - Strategic Plan For Department
  The department shall develop a departmental strategic plan based on the goals and priorities stated in the commission's coordinated strategic plan for health and human...
• Texas Section 40.0515 - Quality Assurance Program For Adult Protective Services; Quarterly Reports
  (a) The department shall develop and implement a quality assurance program for adult protective services provided by or on behalf of the department. (b) In...
• Texas Section 40.0521 - Rules Regarding Domestic Violence
  (a) The executive commissioner shall adopt and the department shall implement rules that require an investigating employee to document indications of domestic violence, including elder,...
• Texas Section 40.0522 - Community Education And Training Relating To Child Abuse Or Neglect
  (a) The department shall assure the availability of community education programs designed to improve participation of the general public in preventing, identifying, and treating cases...
• Texas Section 40.0524 - Multidisciplinary Teams
  (a) In a jurisdiction for which a children's advocacy center has not been established under Section 264.402, Family Code, the department shall, to the extent...
• Texas Section 40.0526 - Building Community Partnerships To Support Children And Families
  (a) The department shall develop a statewide strategy to build alliances and networks at the local level that support the detection and treatment of child...
• Texas Section 40.0527 - Public Awareness
  (a) Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement a statewide public awareness campaign designed...
• Texas Section 40.05275 - Annual Business Plan For Child Protective Services
  (a) The department shall develop and implement an annual business plan for the child protective services program to prioritize the department's activities and resources to...
• Texas Section 40.0528 - Goals For Annual Business Plan For Child Protective Services; Reporting Caseload Information
  (a) The department shall consider the following goals in developing the annual business plan required under Section 40.05275 for the child protective services program: (1)...
• Texas Section 40.053 - Duty To Perform Other Functions
  The department shall perform other functions as required by law. Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 40.054 - Access To Criminal History
  Subject to the availability of funds appropriated by the legislature, the department is entitled to obtain any criminal history information from records maintained by: (1)...
• Texas Section 40.055 - Legislative Appropriation Request
  The department shall submit any legislative appropriation request to the commission for comment and for incorporation into the commission's consolidated health and human services budget...
• Texas Section 40.056 - Use Of Funds
  (a) Notwithstanding any other provision of law, the department may extend the scope of its programs to the extent necessary to ensure that federal matching...
• Texas Section 40.0564 - Department Funds
  All money paid to the department under this chapter is subject to Subchapter F, Chapter 404, Government Code. Added by Acts 1997, 75th Leg., ch....
• Texas Section 40.057 - Gifts And Grants
  The department may accept a gift or grant from a public or private source to perform any of the department's powers or duties. Added by...
• Texas Section 40.058 - Contracts And Agreements
  (a) The department may enter into contracts or agreements with any person, including a federal, state, or other public or private agency, as necessary to...
• Texas Section 40.059 - Fees
  The executive commissioner by rule may set and the department may collect appropriate fees in the administration and delivery of services. Added by Acts 1995,...
• Texas Section 40.060 - Indemnification For Legal Expenses
  If a present or former employee of the department who is or was involved in activities relating to the protection of children or elderly persons...
• Texas Section 40.061 - Immunity
  (a) A department employee, a member of a multidisciplinary team established under Section 40.0524, or an authorized department volunteer who performs a departmental duty or...
• Texas Section 40.062 - Exemption From Certain Costs And Fees
  The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including a: (1) filing fee or...
• Texas Section 40.063 - Exceptions From Certain Provisions Of Administrative Procedure Act
  Section 2001.038 and Subchapters C through H, Chapter 2001, Government Code, do not apply to the granting, payment, denial, or withdrawal of financial or medical...
• Texas Section 40.064 - Interagency Cooperation And Exchange Of Information
  (a) The department may execute a memorandum of understanding with another state agency to facilitate the implementation of a program or the delivery of a...
• Texas Section 40.065 - Communications Officer; Plan
  (a) The department shall designate one or more department employees to be primarily responsible for communicating with the public regarding the department's powers and duties....
• Texas Section 40.066 - Cooperation With State Office Of Administrative Hearings
  (a) Except as provided by Subsection (e), the department and the chief administrative law judge of the State Office of Administrative Hearings shall adopt a...
• Texas Section 40.067 - Delivery Of Services In Areas Bordering United Mexican States
  The department shall: (1) study issues related to providing child and adult protective services in areas bordering the United Mexican States; (2) develop a plan...
• Texas Section 40.068 - Local Accounts
  (a) The department may establish and maintain local bank or savings accounts for a client of the department as necessary to administer funds belonging to...
• Texas Section 40.070 - Support Services For Certain Families
  (a) If the department places a child who is in the conservatorship of the state in the home of a grandparent of the child, the...
• Texas Section 40.071 - Drug-endangered Child Initiative
  The department shall establish a drug-endangered child initiative aimed at protecting children who are exposed to heroin, cocaine or any of its forms, or methamphetamine...
• Texas Section 40.072 - Duty To Report; Department Records
  (a) To the extent that reporting does not interfere with an ongoing criminal investigation, the Department of Public Safety and each local law enforcement agency...
• Texas Section 40.075 - Protective Orders
  (a) The executive commissioner shall adopt rules to provide procedures for the filing of protective orders by the department for the protection of a member...

Last modified: September 28, 2016