Opinion

Untitled Texas Attorney General Opinion

Court: Texas Attorney General Reports
Filed: Jul 2, 1970
Status: Published
On the bench: Crawford Martin
Cited by: 0 cases

The opinion

April 22, 1970

Hon. Jess M. Irwln, Jr. Opinion No. M- 617

Commissioner.Texas Rehabilitation

Commission Re: Authority of the Com-

Medical Park Tower missioner to execute

1301 West 38th Street a contract with the

Austin, Texas 78705 Secretary of Health,

Education and Welfare

to carry out the pro-

visions of Section 221

of the Social Security

Act, and related ques-

Dear Mr. Irwin: tlons.

Your request for an opinion on the above subjedt'matter

asks the following questions concerninga new agreement to replace

a prior agreement entered into by the Texas Central Education

Ae=ncYf namely whether:

"(1) I, as Commissioner of the Commls-

sion for Rehabilitation,am the proper State

official to execute the agreement;

"(2) the Commission for Rehabllltatlon

Is the legal successor to all functions,duties,

and responsibilitiesof the Division of Vo-

cational Rehabilitationand the Division of

Disability Determinationof the Central Edu-

cation Agency; and

"(3) the Commissionfor Rehabilitation

is empowered to act on behalf of the State of

Texas and enter an agreement with the Secretary

of Health, Education, and Welfare to carry out

provisions of Section 221 of the Sotlal Security

Act as set forth in said agreement.

You state in your request that these questions arise

for the reason that it is necessary to enter into a new agreement

-2950-

Hon. Jess M. Irwin, Jr,, page 2 (M-617)

with the Secretary of Health, Education and Welfare to replace

the agreement between the Secretary of Health, Education and

Welfare and the Texas Central Education Agency since the Legls-

lature has created the Commission for Rehabllltatlonto take the

place of the former Division of Vocational Rehabilitationand

the Division of Disability Determinationof the Central Education

Agency. You further state that Mr. Paul E. Webb, Assistant Director,

Bureau of Disability Insurance, Social Security Administration,has

stated that prior to approval of agreements to carry out the pro-

visions of Section 221 of the Social Security Act, it will be

necessary to obtain an opinion from this office on the above

quoted questions.

The Commission for Rehabilitationwas created by the

Legislatureby the enactment of Senate Bill 110, Acts 61st Legls-

lature, Regular Session, Chapter 40, page 103 (Art. 26751. V.C.S.)

Section 13 reads as follows:

"All functions of the Division of Vo-

cational Rehabilitationand the Division of

Disability Determinationof the Central Edu-

cation Agency, together with all personnel,

property, records, and unexpended balances

of appropriations,allocations,and other

funds available or to be made available are

hereby transferredto the agency on September

1, 1969. Wherever under existing statutes,

duties, obligations,and responsibilitiesare

placed upon the Division of Vocational Re-

habilitationor the Division of Disability

Determinationof the Central Education Agency

or duties, obligations,and responslblllties

relating to vocationalrehabilitationof the

handicapped Individualare imposed upon the

State Board for Vocational Education, such

duties, obligationsand responsibilitiesshall

hereafter be assumed and carried out by the

commission. All contracts and agreements be-

tween the Central Education Agency and the

Social Security Administrationrelating to the

activities of the Division of Vocational Re-

habilitationand the Division of Disability

Determinationof the Central Education Agency

shall be continued for the benefit of the

commission."

-2951-

. .

Hon. Jess M. Irwin, Jr., page 3 (B-617)

In view of the above quoted provlslons,~

you are ad-

vised that the Commission for RehabilitationIs the legal suc-

cessor to all functions, duties and responsibilitiesof the

former Division of Vocational Rehabilitationand the Division

of Disability Determinationof the Central Education Agency.

Subdivision (a) of Section 5 of Senate Bill 110, supra,

provides8

"(a) This Act shall be administeredby

the Commissionerunder operationalpolicies

establishedby the Board. The Commissioner

shall be appointed by the Board on the basis

of his education, training, experience,and

demonstratedability. He shall serve at the

pleasure of the Board. He shall be secretary

to the Board, as well $+schief administrative

officer of the agency.