The Honorable Jess M. Irvin, Jr. Opinion No. H- 192
Commissioner for Rehabilitation
1600 W. 38th Street Re: May Texas Rehabilitation
Austin, Texas 78731 Commission enter into
contract with Dept. of
HEW to make disability
determinations under
Title XVI, Social Security
Act, and related questions.
Dear Mr. Irvin:
In requesting an opinion of this office on the above referenced subject
matter, you advised us that, in administering the disability benefit provisions
of the Social Security Act, the Secretary of Health, Education and Welfare
has entered into agreements with the several states relative to the making
of determinations of disability by state agencies on behalf of the Secretary,
and that the Department of Health, Education and Welfare has designated
the Texas Rehabilitation Commission as the state agency to make disability
determinations under Title XVI, Social Security Act, as amended.
You have attached~.to your opinion request a present agreement between
the Secretary of Health, Education and Welfare and the Texas Rehabilitation
Commission, successor state agency to the Commission for Rehab,ilitation,
which agreement has been in effect since September 1, 1969, and was supple-
mented on June 12, 1970. You have also attached a proposed modification to
the above agreement and supplement thereto which the Depart,ment of Health,
Education and Welfare has requested you, as Commissioner for Rehabilitation,
to execute.
You have asked our opinion on the following questions:
“(1) Is the Texas Rehabilitation Commission empowered
to act on behalf of the State of Texas and enter an agree-
p. 902
’
The HoncP-able Jess M. Irvin, Jr., page 2 (H-192)
ment with the Secretary of Health, Education, and
Welfare to carry out theprovisions of Title XVI of
the Social Security Act, as amended; and
“(2) Am I, as Commissioner of the Texas Rehabilitation
Commission, the proper State official to execute the
Modification to the present agreement?”
The Texas Rehabilitation Commission is a successor agency to the
Division of Vocational Rehabilitation and the Division of Disability Determi-
nation of~the Central Education Agency. The changes in legislation affecting
the Commission are outlined in Attorney General Opinion M-617 (1970)
which held:
(1) that the Commission for Rehabilitation (now the Texas
Rehabilitation Commission) was the legal successor to all functions, duties
and responsibilities of the Division of Vocational Rehabilitation and the
Division of Disability Determination of the Central Education Agency, and
(2) that the Commissioner of the Commission for Rehabilitation
is the proper State official empowerd to execute an agreement on behalf
of the State of Texas with t~he Secretary of Health, Education and Welfare
to carry out the provision of $ 221 of the Social Security Act to replace a
prior agreement entered into by the Central Education Agency. Ac.cordingly,
on June 12, 1970, the Commission for Rehabilitation entered into a
supplement of the 1969 agreement.
Sugsequent to that opinion, the statutes affecting the Commission were
codified in the Texas Education Code without substantive change. Vernon’s
Texas Education Code, 5 30.48 provides in part:
“All contract:s and a.greements between the
Central Education Agency and the Social Security
Administration relating to the activities of the
division of vocational rehabilitat~ion and the division
of disability determination of the Central Education
Agency shall be continued for the benefit of the
Commission. ‘I
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The Honorable Jess M. Irvin, Jr., page 3 (H-1921
Texas Education Code, 5 30.43 provides:
“The agency shall make agreements, arrange-
ments, or plans to cooperate with the federal govern-
ment in carrying out the purposes of this chapter or
of any federal statutes pertaining to rehabilitation,
and to this end may adopt the methods of administration
as are found by the federal government to be necessary,
and are not contrary to existing State laws, for the
proper and efficient operation of such agreements,
arrangements, or plans for rehabilitation. ”
Our answer to your first question is that $ 30.43, Title II, Texas
Education Code, constitutes the authority for the Texas Rehabilitation
Commission to execute the proposed agreement.
Our answer to-your second is controlled by § 30.16, Title II, Texas
Education Code, which provides as follows:
“This chapter shall be administered by the
Commissioner under operational policies established
by the board. The commissioner shall be appointed
by the board on the basis of his education, training,
experience, and demonstrated ability. He shall
serve at the pleasure of the board. He shall be
secretary to the board, as well as chief adminis-
trative officer of the agency. ”
This section constitutes the authority for you, as Commissioner for
Rehabilitation of the Texas Rehabilitation Commission, to execute the
proposed modification to the present agreement.
-SUMMARY
The Texas Rehabilitation Commission is empowered
to act on behalf of the State of Texas in entering into an
agreement with the Secretary of Health, Education and
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‘I
,
The Honorable Jess M. Irvin, Jr., page 4 (H-192)
Welfare to carry out the provisions of Title XVI
of the Social Security Act, as amended, and the
Commissioner of the Texas Rehabilitation
Commission is the proper state official to execute
such agreement.
Yours very truly,
A
Attorney General of Texas
//-
DAVID M. KENDALL, Chairman
Opinions Committee
p. 905
Untitled Texas Attorney General Opinion
Combined Opinion