Untitled Texas Attorney General Opinion

i Mr. Vernon M. Arrell Opinion No.JM-809 Commissioner Texas Rehabilitation Commission Re: Whether the Texas 118 E. Riverside Drive Rehabilitation Commission Austin, Texas 78704-9982 may contract with a "for- profit" agency under its Extended Rehabilitation Program Dear Commissioner Arrell: You ask whether the Texas Rehabilitation Commission [hereinafter the commission], under its Extended Rehabil- itation Program, may contract now with "for-profit" agencies, or whether it miiy contract only with non-profit agencies. We conclude that it may contract now with both nfor-profit," as well as non-profit, agencies. The Extended Rehabilitation Program [hereinafter the program] was created in 1969. See Acts 1969, 61st Leg., ch. 49, at 144. It was first codified as article 2675m, V.T.C.S., and provided, inter alia, extended vocational rehabilitation services for certain persons. Section 3 of the act declared: The state aaency vested with the authority to administer this Act mav contract with anY not-for-DrOfit aaen v. DUbliC Drivate, for the provision ocf any extende? rehabili- tation services, including extended shelter workshop employment or extended community residence for persons participating in vocational rehabilitation and pay for such services purchased for the state. (Emphasis added.) See also V.T.C.S. art. 2695m, 554-7. Article 2675m, V.T.C.S., was repealed in 1971, Acts 1971, 62nd Leg., ch. 405, §54(2), at 1533, and recodified as section 30.73 of the Education Code. Acts 1971, 62nd p. 3829 . I Mr. Vernon M. Arrell - Page 2 (JM-809) Leg., ch. 405, 552, at 1526. The Education Code section differed in no material way from its predecessor statute. Section 30.73 of the Education Code was repealed, Acts 1979, 66th Leg., ch. 842, at 2429,243o and, again, recodified as section 111.082 of the Human Resources Code. Acts 1979, 66th Leg., ch. 842, art. 1, 52(2), eat 2429. Section 111.082 of the Human Resources Code differed in no material respect from its predecessor statute. Finally, section 111.082 of the Human Resources Code was repealed at Acts 1983, 68th Leg., ch. 77, 55, at 345, and, substantially amended, was recodified as part of section 111.052 of the Human Resources Code. Section 111.052 of the Human Resources Code is a part of subchapter C of the code, which details the powers and duties of the commission. The section sets forth the general functions of the commission and provides the following: of (a) The commission shall, to the extent resources available and priorities established by the board, provide rehabil- itation services directly or through public or private resources to individuals deter- mined by the commissioner to be eligible for the services under a vocational rehabilita- tion program, and extended rehabilitation services program, or other program estab- lished to provide rehabilitative services. (b) In carrying out the purposes of this chapter, the commission may: (1) cooperate with other departments, agencies, political subdivisions, and institutions, both public and private, in providing the services authorized by this chapter to eligible individuals, in studying the problems involved, and in planning, establishing, developing, and providing necessary or desirable programs, facilities, and services, including those jointly administered with state agencies: (2) enter into reciprocal agreements with other states; p. 3830 Mr. Vernon M. Arrell - Page 3 (m-809) (3) establish or construct rehabilita- tion facilities and workshops, contract with or provide grants to agencies, organizations, or individuals as .necessary to implement. this chapter, make contracts or other arrangements with public and other nonprofit agencies, organizations, or institutions for the establishment of workshops and rehabilitation facilities, and operate facilities for carrying out the purposes of this chapter; (4) conduct research and compile statistics relating to the provision of services to or the need for services by disabled individuals; (5) provide for the establishment, supervision, management, and control of small business enterprises to be operated by severely handicapped individuals where their operation will be improved through the management and supervision of the commission: (6) contract with schools, hospitals, private industrial firms, and other agencies and with doctors, nurses, tech- nicians, and other persons for training, physical restoration, transportation, and other rehabilitation services; and (7) contract with a DUbliC or orivate aaencv to Drovide and nav for rehabilita- tive services under the extended rehabil- itation services oroaram. including sheltered emolovment or communitv resi- dence for a oerson oarticioatina in the proaram. (Emphasis added.) Your concern arises from the omission from subsection (b)(7) of the phrase "non-profit" from the phrase denoting the sort of agency with which the commission may contract. Statutes must be construed as written. Jones v. State, 610 S.W.2d 535 (Tex. Civ. APP. - Houston [lst Dist.] 1980, writ ref'd n.r.e.); Youna v. Del Mar Homes, Inc., 608 S.W.Zd 804 (Tex. Civ. APP. - Houston [14th p. 3831 Mr. Vernon M. Arrell - Page 4 (JM-809) Dist.] 1980, writ ref'd n.r.e.). We are governed by the rule that has been enunciated by the Texas Supreme Court: The language [of the statute] appears to us to be plain and unambiguous and its meaning clear and obvious. We can only enforce the statute as written and have no right to create or to find an ambiguity where none exists in order to call into play generally recognized rules which are used as aids to the construction of ambiguous statutes. Col-Tex Refinina Co. v. Railroad Commission of Texas, 240 S.W.2d 747, 750 (Tex. 1951). It is clear from a reading, of section 111.052 of the Human Resources Code that the commission's contracting authority now extends to "for- profit," as well as nonprofit, agencies: the prior restrictions have been removed. Accordingly, we conclude that the commission may contract with "for-profit," as well as nonprofit, agencies. SUMMARY Pursuant to section 111.052 of the Human Resources Code, the Texas Rehabilitation Commission may contract with "for-profit," as well as nonprofit, agencies under its Extended Rehabilitation Program. JIM MATTOX Attorney General of Texas WARY KELLER Executive Assistant Attorney General JUDGE ZOLLIE STEAKLKY Special Assistant.Attorney General RICK GILPIN Chairman, Opinion Committee Prepared by Jim Moellinger Assistant Attorney General p. 3832