CHAPTER 101. TEXAS DEPARTMENT ON AGING - Texas Statutes

HUMAN RESOURCES CODE

TITLE 6. SERVICES FOR THE ELDERLY

CHAPTER 101. TEXAS DEPARTMENT ON AGING

SUBCHAPTER A. ADMINISTRATIVE PROVISIONS

Sec. 101.001. DEPARTMENT AND BOARD ON AGING. (a) The Texas

Department on Aging is created.

(b) The Texas Board on Aging is created as the governing body of

the Texas Department on Aging. The board is composed of nine

members appointed by the governor with the advice and consent of

the senate. Appointments to the board shall be made without

regard to the race, color, handicap, sex, religion, age, or

national origin of the appointees. To be eligible for appointment

to the board, a person must have demonstrated an interest in and

knowledge of the problems of aging and must be a member of the

general public. The members must include the following:

(1) an expert in gerontology;

(2) a medical professional;

(3) a consumer advocate; and

(4) three members of the general public.

(c) A person is not eligible for appointment as a public member

if the person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the department;

(2) owns, controls, or has, directly or indirectly, more than a

10 percent interest in a business entity or other organization

regulated by or receiving funds from the department; or

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the department.

(d) Members of the board serve for staggered terms of six years

with the terms of three members expiring on February 1 of each

odd-numbered year. A member may be reappointed to the board.

(e) Members of the board may receive the compensatory per diem

authorized by the General Appropriations Act for each day spent

engaged in the performance of their official duties. Board

members are entitled to reimbursement for actual travel expenses

incurred in the performance of their duties.

(f) The board shall develop and implement policies that provide

the public with a reasonable opportunity to appear before the

board and to speak on any issue under the jurisdiction of the

department.

Acts 1979, 66th Leg., p. 2415, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch.

2, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg.,

ch. 1505, Sec. 1.07, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,

ch. 1505, Sec. 2.02, eff. Sept. 1, 2005; Acts 2001, 77th Leg.,

ch. 592, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.

198, Sec. 1.28(3), eff. Sept. 1, 2003.

Sec. 101.0011. REMOVAL OF BOARD MEMBERS. (a) It is a ground

for removal from the board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 101.001(b);

(2) does not maintain during service on the board the

qualifications required by Section 101.001(b);

(3) is ineligible for membership under Section 101.0031;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

(c) If the executive director has knowledge that a potential

ground for removal exists, the executive director shall notify

the presiding officer of the board of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the board, who shall then notify the governor and the attorney

general that a potential ground for removal exists.

Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, Sec. 2, eff.

Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1505, Sec.

1.08, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 592, Sec. 1,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3),

eff. Sept. 1, 2003.

Sec. 101.0012. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A

person who is appointed to and qualifies for office as a member

of the board may not vote, deliberate, or be counted as a member

in attendance at a meeting of the board until the person

completes a training program that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the department and the board;

(2) the federal Older Americans Act of 1965 (42 U.S.C. Section

3001 et seq.) and its subsequent amendments;

(3) the programs operated by the department;

(4) the role and functions of the department;

(5) the rules of the department, with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(6) the current budget for the department;

(7) the results of the most recent formal audit of the

department;

(8) a history of funding sources for long-term care services;

(9) the independent living philosophy;

(10) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(11) any applicable ethics policies adopted by the department or

the Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

(d) In this section, "independent living philosophy" means

control over one's life based on the choice of acceptable options

that minimize reliance on others in making a decision or in

performing everyday activities. The term includes:

(1) managing one's affairs;

(2) participating in day-to-day life in the community;

(3) fulfilling a range of social roles; and

(4) making decisions that lead to self-determination and the

minimization of physical and psychological dependence upon

others.

Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.09, eff. Sept. 1,

1999; Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff.

Sept. 1, 2003.

Sec. 101.002. SUNSET PROVISION. The Texas Department on Aging

is subject to Chapter 325, Government Code (Texas Sunset Act).

Unless continued in existence as provided by that chapter, the

department is abolished and this chapter expires September 1,

2006.

Acts 1979, 66th Leg., p. 2415, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 479, Sec.

214, eff. Sept. 1, 1985; Acts 1985, 69th Leg., 1st C.S., ch. 2,

Sec. 2, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch.

17, Sec. 4.12, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch.

1505, Sec. 1.10, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.

592, Sec. 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.

198, Sec. 1.28(3), eff. Sept. 1, 2003.

Sec. 101.003. PRESIDING OFFICER. (a) The governor shall

designate a presiding officer of the board from among the

members.

(b) A member holds the position of presiding officer at the

pleasure of the governor.

Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch.

2, Sec. 2, eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 1505,

Sec. 1.11, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 592,

Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec.

1.28(3), eff. Sept. 1, 2003.

Sec. 101.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT.

(a) In this section, "Texas trade association" means a

cooperative and voluntarily joined association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board and may not be a

department employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of aging; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of aging.

(c) A person may not be a member of the board or act as the

general counsel to the board or the department if the person is

required to register as a lobbyist under Chapter 305, Government

Code, because of the person's activities for compensation on

behalf of a profession related to the operation of the

department.

Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, Sec. 2, eff.

Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec.

2.19(18), eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 1505,

Sec. 1.12, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 592,

Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec.

1.28(3), eff. Sept. 1, 2003.

Sec. 101.004. EXECUTIVE DIRECTOR OF AGING; OTHER PERSONNEL. (a)

The commissioner of health and human services shall employ an

executive director of aging in accordance with Section 531.0056,

Government Code. The executive director shall discharge all

executive and administrative functions of the department. The

executive director must be a person with executive ability and

experience in the area of aging.

(b) Salaries and other office expenses are paid with funds

appropriated to the department for those purposes.

(c) The department may accept services performed by other

agencies to accomplish the purposes of this chapter.

Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1995, 74th Leg., ch. 76, Sec.

8.145, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec.

2.12, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 592, Sec. 1,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3),

eff. Sept. 1, 2003.

Sec. 101.005. CITIZENS ADVISORY COUNCIL. (a) The Citizens

Advisory Council is composed of one member appointed by the board

from each designated area agency on aging. Each council member

must also be a member of the local advisory council advising the

area agency. Council members are entitled to the compensatory per

diem authorized by the General Appropriations Act for each day

spent engaged in the performance of their duties as directed by

the board and are entitled to the same travel allowance

authorized by the General Appropriations Act for state employees.

(b) The council shall work under the board's direction. The

council shall inform policymakers and administrators at the state

level of local needs and concerns relating to the aged.

(c) The council shall meet at least quarterly and may hold other

meetings called by the chairman of the board.

(d) Council members serve for staggered terms of three years

with the terms of one-third of the membership expiring on January

31 of each year.

Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch.

2, Sec. 2, eff. Sept. 1, 1985.

Sec. 101.006. DIVISIONS OF THE DEPARTMENT. (a) The executive

director may establish divisions within the department that he

considers necessary for effective administration and the

discharge of the department's functions.

(b) The executive director may allocate and reallocate functions

among the divisions.

Added by Acts 1981, 67th Leg., p. 2388, ch. 599, Sec. 1, eff.

Sept. 1, 1981. Amended by Acts 1985, 69th Leg., 1st C.S., ch. 2,

Sec. 2, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 592, Sec.

1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec.

1.28(3), eff. Sept. 1, 2003.

Sec. 101.0061. PERSONNEL MATTERS. (a) The executive director

may employ personnel necessary for the administration of the

department's duties.

(b) The executive director or the executive director's designee

shall develop an intradepartmental career ladder program, one

part of which shall require the intradepartmental posting of all

nonentry level positions concurrently with any public posting.

(c) The executive director or the executive director's designee

shall develop a system of annual performance evaluations based on

measurable job tasks. All merit pay for department employees must

be based on the system established under this subsection.

(d) The executive director or the executive director's designee

shall provide to members of the board and to the agency

employees, as often as necessary, information regarding the

requirements for office or employment under this chapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers or employees.

(e) The board shall develop and implement policies that clearly

separate the respective responsibilities of the board and the

executive director.

(f) The executive director or the executive director's designee

shall prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity

whereby all personnel transactions are made without regard to

race, color, disability, sex, religion, age, or national origin.

The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel;

(2) a comprehensive analysis of the agency work force that meets

federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the agency work force of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address areas of

significant underuse in the agency work force of all persons for

whom federal or state guidelines encourage a more equitable

balance.

Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, Sec. 2, eff.

Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 9,

eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1505, Sec. 1.13,

eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 592, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff.

Sept. 1, 2003.

Sec. 101.007. MERIT SYSTEM. The department may establish a

merit system for its employees. The merit system may be

maintained in conjunction with other state agencies that are

required by federal law to operate under a merit system.

Added by Acts 1981, 67th Leg., p. 2388, ch. 599, Sec. 1, eff.

Sept. 1, 1981. Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3),

eff. Sept. 1, 2003.

Sec. 101.008. FINANCES. (a) The executive director shall

prepare and submit to the board for approval a biennial budget

and request for an appropriation by the legislature of funds

necessary to carry out the duties of the department. The budget

and request must include an estimate of all federal funds to be

allocated to the state for the department's purposes.

(b) The board shall submit the budget and request to the

Legislative Budget Board and the governor in the manner

prescribed by law.

(c) The board shall file annually with the governor and the

presiding officer of each house of the legislature a complete and

detailed written report accounting for all funds received and

disbursed by the board during the preceding year. The form of the

annual report and the reporting time shall be that provided in

the General Appropriations Act. The report must include

information concerning the amount of matching funds required for

federal grants to local retired senior volunteer programs.

(d) The financial transactions of the board are subject to audit

by the state auditor in accordance with Chapter 321, Government

Code.

Added by Acts 1981, 67th Leg., p. 2388, ch. 599, Sec. 1, eff.

Sept. 1, 1981. Amended by Acts 1985, 69th Leg., 1st C.S., ch. 2,

Sec. 2, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, Sec.

23, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 693, Sec. 10,

eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 592, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff.

Sept. 1, 2003.

SUBCHAPTER B. POWERS AND DUTIES OF BOARD

Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the board and executive

director as provided by Section 531.0055, Government Code. To the

extent a power or duty given to the board or executive director

by this chapter or another law conflicts with Section 531.0055,

Government Code, Section 531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.13, eff. Sept. 1,

1999.

Sec. 101.021. RULES. (a) The board shall adopt rules governing

the functions of the department, including rules that prescribe

the policies and procedures followed by the board and the

department in the administration of any local services programs,

employment programs for the aged, volunteer programs for the

aged, or other programs.

(b) The board by rule or order may delegate its rights, powers,

and duties to the executive director.

Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., 1st C.S., ch.

2, Sec. 2, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 592,

Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec.

1.28(3), eff. Sept. 1, 2003.

Sec. 101.022. GENERAL FUNCTIONS OF DEPARTMENT. (a) The

department shall provide expertise and advice to state agencies

and the legislature and other elected officials on aging issues,

including recommendations to meet the needs of this state's

elderly population.

(b) The department shall develop and strengthen the services

available for the aged in the state by coordinating services

provided by governmental and private agencies and facilities.

(c) The department shall extend and expand services for the aged

by coordinating the interest and efforts of local communities in

studying the problems of the aged citizens of this state.

(d) The department shall encourage, promote, and aid in the

establishment of area agencies on aging for the development of

programs and services on a local level that improve the living

conditions of the aged by enabling them to more fully enjoy and

participate in family and community life.

(e) The department shall sponsor voluntary community

rehabilitation and recreational facilities to improve the general

welfare of the aged.

(f) The department, through the executive director of aging,

shall cooperate with state and federal agencies and other

organizations in conducting studies and surveys on the special

problems of the aged in matters such as mental and physical

health, housing, family relationships, employment, income,

vocational rehabilitation, recreation, transportation, insurance,

legal rights, and education. The department shall make

appropriate reports and recommendations to the governor and to

state and federal agencies.

(g) The department shall conduct research and long-range

planning regarding long-term care, community care, and other

issues that affect elderly individuals.

(h) The department shall make recommendations to the governor,

the legislature, and state agencies regarding:

(1) opportunities to coordinate programs for elderly

individuals;

(2) unnecessary duplication in providing services to elderly

individuals; and

(3) gaps in services to elderly individuals.

(i) The department shall cooperate with the Texas Department of

Housing and Community Affairs to provide affordable housing for

elderly individuals and for families in which an elderly

individual is head of the household and shall:

(1) assess the need for housing for elderly individuals and for

families in which an elderly individual is head of the household

in different localities;

(2) set standards relating to the design and construction of

housing for elderly individuals;

(3) provide planning assistance to builders; and

(4) publicize the availability of the housing program to

potential developers and residents.

Acts 1979, 66th Leg., p. 2416, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 650, Sec.

7, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 762, Sec. 11,

eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 693, Sec. 23(1),

eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1505, Sec. 1.14,

eff. Sept. 1, 1999.

Sec. 101.0221. PUBLIC INTEREST INFORMATION; COMPLAINTS. (a)

The board shall prepare information of public interest describing

the functions of the board and describing the board's procedures

by which complaints are filed with and resolved by the board. The

board shall make the information available to the general public

and appropriate state agencies.

(b) The board shall adopt rules establishing methods by which

consumers and service recipients can be notified of the name,

mailing address, and telephone number of the board for the

purpose of directing complaints to the board. The board may

provide for the notification through inclusion of the

information:

(1) on each registration form, application, or written contract

relating to participation in a program that is funded in any part

by money derived from the department;

(2) on a sign that is prominently displayed in the place of

business of each person or entity engaging in a program that is

funded in any part by money derived from the department; or

(3) in a bill for service provided by a person or entity

engaging in a program that is funded in any part by money derived

from the department.

Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, Sec. 2, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3),

eff. Sept. 1, 2003.

Sec. 101.023. COMMUNITY SENIOR CITIZENS EMPLOYMENT PROGRAMS.

(a) In this section, "suitable employment" means employment

which is commensurate with the individual's skills and ability

and for which compensation is paid equal to the federal minimum

wage rate.

(b) The Texas Workforce Commission may establish and administer

a community program for persons 55 years of age or older who lack

suitable employment and have family incomes under federal poverty

guidelines.

(c) The Texas Workforce Commission may contract with a public

agency or a private, nonprofit organization with experience in

managing similar programs to employ persons under this program in

providing recreation, beautification, conservation, or

restoration services, or public service employment positions for

state, county, city, or regional governments or school districts.

The Texas Workforce Commission may not contract with an

organization that is not a subscriber under the state workers'

compensation law or that does not pay the federal minimum wage

rate or the prevailing wage rate for the particular job,

whichever is greater.

(d) The state shall finance 80 percent of the cost of the

program, and the governments receiving the services shall finance

20 percent of the cost.

Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981; Acts 1995, 74th Leg., ch. 655, Sec.

11.73, eff. Sept. 1, 1995.

Sec. 101.024. VOLUNTARY COMMUNITY SERVICES PROGRAMS. (a) The

department shall disburse state funds appropriated for the

purpose to local public agencies or private, nonprofit

corporations that operate programs to recruit elderly persons to

perform voluntary community services or that operate programs

under the National Senior Service Corps.

(b) A public agency or private, nonprofit corporation may not

receive state money under this section if it is not able to

qualify for federal matching money for the same purpose.

(c) The board by rules shall establish guidelines or formulas to

determine the proportion of state money distributed to each

public agency or private, nonprofit corporation. The board by

rules may establish additional qualifications to receive the

state money.

(d) State funds disbursed under this section may not be used to

pay compensation to volunteer workers, except for participants in

the Foster Grandparent and Senior Companion Programs, or for

purposes other than financing the operation or administration of

the volunteer programs, but it may be used to defray expenses

incurred by volunteers in the performance of volunteer work. The

board by rules may further limit the purposes for which the state

money may be spent.

Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2430, ch. 842,

art. 2, Sec. 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p.

2388, ch. 599, Sec. 1, eff. Sept. 1, 1981; Acts 1999, 76th Leg.,

ch. 1505, Sec. 1.15, eff. Sept. 1, 1999.

Sec. 101.025. COOPERATION WITH FEDERAL AND STATE AGENCIES. (a)

The department is the state agency designated to handle federal

programs relating to the aging that require action within the

state and that are not the specific responsibility of another

state agency under federal or state law.

(b) The department is not intended to supplant or to take over

from the counties and municipalities of this state or from other

state agencies or facilities any of the specific responsibilities

that they hold. The department shall cooperate with federal and

state agencies, counties, and municipalities and private agencies

or facilities in the state in accomplishing the purposes of this

chapter.

Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981.

Sec. 101.0251. REVIEW OF ADMINISTRATIVE COSTS AND PROGRAMS. (a)

The board by rule shall define "administrative costs" as used in

this section. However, if a standard definition of administrative

costs is required by law to be used by state agencies, the board

shall use that definition.

(b) To determine the administrative costs incurred by an entity

(including an area agency on aging and including an entity that

spends money distributed by the department under Section 101.023

or 101.024 of this code) in engaging in a program that is funded

in any part by money derived from the department, the department

shall request appropriate information from the entity.

(c) The board shall establish the maximum amount of

administrative costs that may be incurred by the entity in

engaging in the program.

(d) The department periodically shall review the actions of

entities receiving funds from the department and shall document

its review. The review of an entity that spends money distributed

under Section 101.024 of this code must include on-site

evaluations of the entity and must include the review of

documentation, which shall be required by the department, of the

services performed by the aged in programs under Section 101.024.

Added by Acts 1985, 69th Leg., 1st C.S., ch. 2, Sec. 2, eff.

Sept. 1, 1985.

Sec. 101.0252. REPORT ON UNIT COSTS. The department shall file

with the Legislative Budget Board and the Governor's Office of

Budget and Planning a report that clearly identifies the unit

cost of each service, other than services related to community

service volunteering and subsidized employment services, provided

by an area agency on aging. The report must be filed twice each

year on or before the date specified by the Legislative Budget

Board. The report must be in the form required by the Legislative

Budget Board.

Added by Acts 1995, 74th Leg., ch. 693, Sec. 11, eff. Sept. 1,

1995.

Sec. 101.0255. SERVICE STANDARDS AND AGREEMENTS. (a) The

department and the Texas Department of Human Services, with the

approval of the Health and Human Services Commission, shall work

to ensure consistency in service standards, reimbursement rates,

contract terms, and performance standards used by the respective

agency in the provision of the same or substantially similar

services under a community program on aging under Subchapter III,

Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or

the Options for Independent Living program and a community care

program of the Texas Department of Human Services.

(b) The department and the Texas Department of Human Services,

in accordance with federal law, including the Older Americans Act

of 1965 (42 U.S.C. Section 3001 et seq.), shall enter into an

agreement that allows an area agency on aging to jointly contract

with a service provider that is under contract with the Texas

Department of Human Services to provide services under a

community care program.

(c) If cost-effective, the department shall use the billing

system and audit procedures of the Texas Department of Human

Services to eliminate unnecessary duplication and to secure

reduced rates through economies of scale. If required by the

Texas Department of Human Services, the department shall

reimburse the Texas Department of Human Services through an

interagency contract for the cost of any use.

(d) The department and the Texas Department of Human Services

shall coordinate the monitoring of providers who contract with

the respective agency to provide the same or a substantially

similar service.

Added by Acts 1993, 73rd Leg., ch. 526, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.16, eff.

Sept. 1, 1999; Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3),

eff. Sept. 1, 2003.

Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. (a) The

department and the Texas Department of Human Services shall

develop standardized assessment procedures to share information

on common clients served in a similar service region.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.17, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3),

2.131, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec.

13.09, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.07, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

Sec. 101.026. DONATIONS. The department may accept and solicit

gifts or grants of money or property from public or private

sources. Donations of money must be placed in a special fund in

the state treasury and expended on warrants drawn by the

comptroller on order of the department. Donations of real

property and of personal property other than money may be used or

sold as the board considers proper.

Acts 1979, 66th Leg., p. 2417, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2388, ch. 599,

Sec. 1, eff. Sept. 1, 1981.

Sec. 101.027. AUTHORITY TO EXPEND FUNDS. The department may

accept, expend, and transfer federal and state funds appropriated

for programs authorized by federal and state law. The department

may accept, expend, and transfer funds received from any source,

including a county, municipality, or public or private agency.

The funds shall be deposited in the state treasury and may be

used for the purposes of this chapter, subject to any conditions

attached to the funds.

Added by Acts 1981, 67th Leg., p. 2388, ch. 599, Sec. 1, eff.

Sept. 1, 1981.

Sec. 101.028. CONTRIBUTIONS TO LOCAL ORGANIZATIONS: CERTAIN

COUNTIES. (a) This section applies only to counties having a

population of not less than 23,750 and not more than 24,000 and

to cities and towns within those counties.

(b) Each county and each city or town to which this section

applies may cooperate with the department in carrying out the

department's purposes on a local level by contributing funds to

any local organization the functions of which are to cooperate

with the department. The organization must operate with the

approval and sanction of the department.

(c) The operation of buildings, facilities, services, and

programs by an organization for other community services or

benefits does not prohibit the contribution of the funds under

this section for the part of the organization's program for the

aging if that part of the program is approved by the department.

Added by Acts 1983, 68th Leg., p. 1001, ch. 235, art. 4, Sec.

1(a), eff. Sept. 1, 1983. Amended by Acts 1991, 72nd Leg., ch.

597, Sec. 79, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 669,

Sec. 42, eff. Sept. 1, 2001.

Sec. 101.029. PUBLIC INFORMATION ON COST OF LONG-TERM CARE. The

department shall develop programs to provide information to the

public relating to:

(1) the cost of long-term care;

(2) the limits on Medicaid eligibility;

(3) the adequacy or inadequacy of other financing options,

including Medicare; and

(4) possible methods of financing long-term care, including

group insurance policies and other methods designed to assist

individuals.

Added by Acts 1989, 71st Leg., ch. 1085, Sec. 6, eff. Sept. 1,

1989.

Sec. 101.030. FUNDING TO AREA AGENCIES ON AGING. (a) The board

of the Texas Department on Aging, by rule, shall adopt a formula

that meets the intent of the Older Americans Act, as amended, for

allocating among area agencies on aging funds that the department

receives under Title III, federal Older Americans Act.

(b) The formula must provide for the allocation of the funds

among the area agencies according to the most recent population

estimates available from the U.S. Bureau of the Census or the

Texas Department of Health.

(c) The board shall update the formula biennially and shall

include the formula and the population estimates in each state

plan on aging.

(d) Unless otherwise provided for by department rules regarding

the carryover of unexpended Title III funds, at the end of a

fiscal year excess unexpended Title III funds of an area agency

on aging's allocations for that fiscal year shall be deducted

from the allocation for the new fiscal year and that same amount

of new fiscal year funds shall be reallocated. The department, by

rule, shall adopt a reallocation formula that includes

performance as a criterion, in addition to other criteria adopted

by the department.

(e) The funds that the department receives under Title III,

federal Older Americans Act, on or after September 1, 1992, shall

be allocated and reallocated to area agencies on aging under the

formulas adopted under this section.

Added by Acts 1989, 71st Leg., ch. 1126, Sec. 1, eff. Aug. 28,

1989. Renumbered from Human Resources Code, Sec. 101.029 by Acts

1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(16), eff. Sept. 6,

1990. Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 2.04, eff.

Sept. 1, 2005; Acts 2001, 77th Leg., ch. 592, Sec. 1, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff. Sept.

1, 2003.

Sec. 101.031. TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL

ASSISTANCE. (a) An area agency on aging may contract with one

or more private attorneys to establish trusts described by 42

U.S.C. Section 1396p(d)(4)(B) for the benefit of recipients of

medical assistance under Chapter 32 who, without the

establishment of these trusts, would become ineligible for

medical assistance.

(b) The department shall allocate available state funds to the

area agencies on aging for use in contracting for the

establishment of trusts under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 1226, Sec. 1, eff. Sept. 1,

1997.

Sec. 101.033. OLDER AMERICANS ACT; STATE PLAN. (a) The

department and the Texas Department of Human Services shall

jointly develop this state's plan on aging, as required by the

federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et

seq.) and its subsequent amendments.

(b) The department and the Texas Department of Human Services

shall jointly conduct a statewide needs assessment for long-term

care services. The assessment shall include input from:

(1) area agencies on aging;

(2) regional and local state agency staff; and

(3) community-based organizations.

Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.18, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff.

Sept. 1, 2003.

Sec. 101.034. TEXAS CARES PROGRAM. (a) The department by rule

may establish and operate a Texas Cares program to provide

persons eligible for discount drug price programs offered by

pharmaceutical companies with:

(1) information regarding the availability of those programs;

and

(2) in appropriate circumstances, assistance in enrolling in

those programs.

(b) The department may solicit and accept gifts, grants, and

donations from any source to use in funding the Texas Cares

program.

(c) The department shall design the Texas Cares program to meet

the primary goal of increasing awareness in appropriate

populations of the availability of discount drug price programs

offered by pharmaceutical companies. To the extent that adequate

resources are available, the department shall:

(1) make information regarding discount drug price programs

readily available on the department's Internet site;

(2) maintain a toll-free telephone number through which a person

may obtain information regarding discount drug price programs;

and

(3) make brochures or other written informational materials

regarding discount drug price programs available on request by a

pharmacist, physician, representative of an organization serving

senior citizens, or other interested person.

(d) The department may:

(1) conduct community outreach and education activities to

increase awareness of the availability of discount drug price

programs offered by pharmaceutical companies;

(2) solicit and train volunteers to perform functions associated

with the Texas Cares program, including:

(A) providing assistance to eligible persons in enrolling in

discount drug price programs offered by pharmaceutical companies;

and

(B) conducting community outreach and education activities; and

(3) coordinate operation of the Texas Cares program with the

activities of area agencies on aging.

Added by Acts 2003, 78th Leg., ch. 506, Sec. 1, eff. June 20,

2003.

SUBCHAPTER C. OPTIONS FOR INDEPENDENT LIVING

Sec. 101.041. DEFINITIONS. In this subchapter:

(1) "Case management" means the process of assessing service

needs, developing a plan of care, and arranging for and

monitoring delivery of care to an elderly person under this

subchapter.

(2) "Case management unit" is an entity that coordinates and

administers case management.

(3) "Elderly person" means a person who is 60 years of age or

older.

(4) "Service area" means a geographical area of the state

designated for purposes of planning, development, and overall

administration of services provided under this subchapter.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.042. OPTIONS FOR INDEPENDENT LIVING. (a) The

department shall establish a statewide program entitled Options

for Independent Living to help elderly persons remain at home

despite limited self-care capacities and to prevent

institutionalization.

(b) The Options for Independent Living program shall provide

short-term support services to elderly persons for the purposes

of:

(1) restoring functional capacities after illness or

hospitalization; and

(2) educating and preparing elderly persons and their caregivers

to provide self-care.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 425, Sec. 1, eff. Aug.

26, 1991.

Sec. 101.043. PERSONS TO BE SERVED. (a) The program shall give

priority to an elderly person who:

(1) has recently suffered a major illness or health care crisis

or has recently been hospitalized;

(2) lives in a rural area;

(3) has insufficient caregiver support;

(4) has a mild to moderate impairment or a temporary severe

impairment; and

(5) is in great economic or social need, with particular

attention to low-income minority older persons.

(b) The department shall maintain a memorandum of agreement with

the Texas Department of Human Services assuring that there is no

duplication of services to persons served by the community care

for aged and disabled program of the Texas Department of Human

Services.

(c) In awarding funding the department shall serve priority

populations consistent with the Older Americans Act of 1965 (42

U.S.C. Section 3001 et seq.), as amended.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 425, Sec. 2, eff. Aug.

26, 1991; Acts 2001, 77th Leg., ch. 592, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff. Sept. 1,

2003.

Sec. 101.044. PROVISION OF SERVICES. (a) Support services

shall include:

(1) case management;

(2) homemaking assistance, including personal care;

(3) residential repair and modification;

(4) benefits counseling;

(5) respite care;

(6) emergency response;

(7) education and training for caregivers;

(8) home-delivered meals;

(9) transportation; and

(10) other appropriate services identified by the case manager

and client through the assessment and care planning process.

(b) A case manager shall conduct an individual assessment of an

elderly person's needs and shall, in consultation with the

elderly person and the elderly person's family, create a plan of

care that specifies the type, amount, frequency, and duration of

support services the elderly person needs.

(c) A plan of care must coordinate the available public and

private services and resources that are most appropriate to meet

the elderly person's needs.

(d) An area agency on aging may not directly provide homemaker,

home health, residential repair, respite, meal delivery, or

transportation service unless the area agency:

(1) receives no response to a request for proposals that meets

department standards; and

(2) has exhausted all other procurement options available under

department rules.

(e) An area agency on aging that wants to provide directly a

service not available through a local public or private entity

must obtain approval from the department in accordance with

department rules governing the granting of such approval.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 425, Sec. 3, eff. Aug.

26, 1991; Acts 1993, 73rd Leg., ch. 526, Sec. 2, eff. Sept. 1,

1993.

Sec. 101.045. CASE MANAGEMENT UNITS. (a) The department shall

designate one or more case management units for each service area

to provide case management services according to department rules

and standards.

(b) The department shall designate an area agency on aging as a

case management unit for a service area. The area agency on aging

may act as the case management unit, after obtaining approval

from the department in accordance with department rules governing

the granting of such approval, or the area agency on aging may

subcontract with a local service agency or hospital to act as the

case management unit.

(c) The department may contract with another public or private

entity to act as a case management unit for a service area if the

area agency on aging cannot provide or subcontract for case

management services.

(d) A case manager must be an employee of a case management

unit.

(e) The department shall periodically review a case management

unit.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.046. ADMINISTRATION OF PROGRAM. (a) The department,

with the advice of an advisory committee, shall administer the

program through grants to area agencies on aging.

(b) Area agencies on aging shall maintain their service

provision levels in effect on September 1, 1989, independent of

the Options for Independent Living program. Funds made available

under this program may not be used to supplant service funds for

services provided on September 1, 1989.

(c) An area agency on aging that receives funds under this

section shall ensure the availability of the services for which

the funds were granted.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.047. ADVISORY COMMITTEE. (a) The department shall

appoint a statewide advisory committee that includes hospital

discharge planners, hospital administrators, home health agency

representatives, nurses, and physicians to advise the department

in administering the program. The department shall appoint as

many members as the department considers necessary to assist the

department in performing its duties.

(b) The advisory committee shall elect its own presiding officer

and shall meet and serve according to department rules.

(c) A member of an advisory committee receives no compensation

but is entitled to reimbursement for transportation and the per

diem allowance for state employees in accordance with the General

Appropriations Act.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.048. FEES. (a) The department by rule shall establish

a copayment system using a sliding scale that is based on an

elderly person's income.

(b) An elderly person whose income exceeds the basic income and

resources requirements for eligibility for the community care for

aged and disabled program of the Texas Department of Human

Services, but whose income is less than 200 percent of that level

shall pay a portion of the cost of support services provided to

the person by a case management unit according to the fee scale.

(c) An elderly person whose income exceeds 200 percent of the

level established by the Texas Department of Human Services for

the community care for aged and disabled program shall pay the

full cost of support services provided by a case management unit.

(d) A local case management unit shall collect and account for

all fees imposed for services provided by the case management

unit and shall submit reports to the department as prescribed by

department rules.

(e) Fees collected shall be used to defray program costs and to

expand the program.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 425, Sec. 4, eff. Aug.

26, 1991.

Sec. 101.049. ANNUAL REPORT. (a) The department shall annually

report on the program to the governor and the presiding officer

of each house of the legislature.

(b) The report must include information concerning the manner in

which the department has provided services under the program to

elderly persons entitled to priority under Section 101.043(a).

(c) The report must be submitted not later than November 1 of

each even-numbered year. The report may be combined with the

report required by Section 101.008.

Added by Acts 1989, 71st Leg., ch. 894, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 12, eff.

Sept. 1, 1995.

SUBCHAPTER D. OFFICE OF LONG-TERM CARE OMBUDSMAN

Sec. 101.051. DEFINITIONS. In this subchapter:

(1) "Elderly resident" means a resident of a long-term care

facility who is 60 years of age or older.

(2) "Long-term care facility" means a facility that serves

persons who are 60 years of age or older and that is licensed or

regulated or that is required to be licensed or regulated by the

Department of Aging and Disability Services under Chapter 242 or

247, Health and Safety Code.

(3) "Office" means the office of the state long-term care

ombudsman.

(4) "Representative" means an employee or volunteer specifically

designated by the office as a representative of the office.

(5) "State ombudsman" means the chief administrator of the

office.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(20), eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 315, Sec. 1, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.100, eff. Sept. 1,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

809, Sec. 2, eff. September 1, 2007.

Sec. 101.052. ESTABLISHMENT OF OFFICE. (a) The department

shall establish and operate the office of the state long-term

care ombudsman.

(b) The department may operate the office directly or by

contract or memorandum of agreement with a public agency or other

appropriate private nonprofit organization. The department may

not use an agency or organization that is:

(1) responsible for licensing or certifying long-term care

services; or

(2) an association of long-term care facilities or of any other

residential facility that serves persons who are 60 years of age

or older, or an affiliate of such an association.

(c) The department shall consider the views of elderly persons,

provider organizations, advocacy groups, and area agencies on

aging in planning and operating the office.

(d) The department shall ensure that a person involved in

designating the state ombudsman or in designating an employee or

representative of the office does not have a conflict of

interest.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.053. ROLE OF OFFICE. (a) The office and the ombudsman

program shall operate in cooperation with any regulatory agency

funded and mandated by the Older Americans Act of 1965 (42 U.S.C.

Section 3001 et seq.), and state statute.

(b) This subchapter does not affect the authority of the Texas

Department of Health and the Texas Department of Human Services

to regulate long-term care facilities.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.054. POWERS AND DUTIES. (a) The state ombudsman and

the office have the powers and duties required by state and

federal law.

(b) The office may use appropriate administrative, legal, and

other remedies to assist elderly residents as provided by

department rules.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.055. LEGAL ASSISTANCE. The department shall ensure

that the office receives adequate legal advice and

representation. The attorney general shall represent the

ombudsman or a representative if a suit or other legal action is

brought or threatened to be brought against that person in

connection with the person's performance of the official duties

of the office.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 315, Sec. 2, eff. Aug.

30, 1993.

Sec. 101.056. OMBUDSMEN. (a) The office shall recruit

volunteers and citizen organizations to participate in the

ombudsman program. A paid staff member of an area agency on aging

network or a nonprofit social service agency may be an ombudsman.

An ombudsman is a representative of the office.

(b) The office shall provide training to ombudsmen as required

by this subchapter and federal law.

(c) The office shall coordinate ombudsman services with the

protection and advocacy systems that exist for persons with

developmental disabilities or mental illness.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.057. INVESTIGATIONS. (a) The office shall have access

to elderly residents and shall investigate and resolve complaints

made by or on behalf of elderly residents.

(b) The department shall ensure that each ombudsman who

investigates complaints has received proper training and has been

approved by the office as qualified to investigate complaints.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.058. ACCESS TO RECORDS AND CONFIDENTIALITY. (a) The

state ombudsman or his designee, specifically identified by the

executive director of aging, shall have access to patient care

records of elderly residents of long-term care facilities defined

in Section 101.051(2) of this code. Certified volunteer ombudsmen

are not entitled access to medical or other confidential

information from the patient care records. The department, by

rule, shall establish procedures for obtaining access to the

records. All records and information to which the state ombudsman

or his designee obtains access remain confidential.

(b) The office shall ensure that the identity of a complainant

or any facility resident may be disclosed only with the written

consent of the person or the person's legal representative or on

court order.

(c) The information in files maintained by the office may be

disclosed only by the ombudsman who has authority over the

disposition of the files.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.059. REPORTING SYSTEM. The office shall establish a

statewide ombudsman uniform reporting system to collect and

analyze information relating to complaints and conditions in

long-term care facilities as long as such system does not

duplicate other state reporting systems and shall provide the

information to the department, Texas Department of Health, and

Texas Department of Human Services.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 2.05, eff.

Sept. 1, 2005.

Amended by Acts 2001, 77th Leg., ch. 592, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 198, Sec. 1.28(3), eff. Sept. 1,

2003.

Sec. 101.060. ANALYSIS OF LAWS. The office shall analyze and

monitor the development and implementation of federal, state, and

local laws, rules, regulations, and policies relating to

long-term care facilities and services and shall recommend any

changes the office considers necessary.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.061. PUBLIC INFORMATION. The office shall provide

information to public agencies, legislators, and others that

relates to the problems and concerns of elderly residents.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.

Sec. 101.062. ANNUAL REPORT. (a) The office shall prepare an

annual report that contains:

(1) information and findings relating to the problems and

complaints of elderly residents; and

(2) policy, regulatory, and legislative recommendations to solve

the problems, resolve the complaints, and improve the quality of

the elderly residents' care and lives.

(b) The report must be submitted to the governor and the

presiding officer of each house of the legislature not later than

November 1 of each even-numbered year. The report may be combined

with the report required by Section 101.008.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 13, eff.

Sept. 1, 1995.

Sec. 101.063. LIMITATION OF LIABILITY. An ombudsman or a

representative is not liable for civil damages or subject to

criminal prosecution for performing official duties unless the

ombudsman or representative acts in bad faith or with a malicious

purpose.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 315, Sec. 3, eff. Aug.

30, 1993.

Sec. 101.064. CRIMINAL PENALTY. (a) A person commits an

offense if the person:

(1) intentionally interferes with an ombudsman attempting to

perform official duties; or

(2) commits or attempts to commit an act of retaliation or

reprisal against any resident or employee of a long-term care

facility for filing a complaint or providing information to an

ombudsman.

(b) An offense under this section is a Class B misdemeanor.

(c) The department shall assure that criminal sanctions will be

initiated only after all administrative procedures are exhausted.

Added by Acts 1989, 71st Leg., ch. 159, Sec. 1, eff. Sept. 1,

1989.