Tex. Human Resources Code Section 161.071
General Powers and Duties of Department


The department is responsible for administering human services programs for the aging and persons with disabilities, including:

(1)

administering and coordinating programs to provide community-based care and support services to promote independent living for populations that would otherwise be institutionalized;

(2)

providing institutional care services, including services through convalescent and nursing homes and related institutions under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions), Health and Safety Code;

(3)

providing and coordinating programs and services for persons with disabilities, including programs for the treatment, rehabilitation, or benefit of persons with developmental disabilities or an intellectual disability;

(4)

operating state facilities for the housing, treatment, rehabilitation, or benefit of persons with disabilities, including state supported living centers for persons with an intellectual disability;

(5)

serving as the state unit on aging required by the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments, including performing the general functions under Section 101A.052 (General Functions of Department Related to Aging Services) to ensure:

(A)

implementation of the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments, including implementation of services and volunteer opportunities under that Act for older residents of this state through area agencies on aging;

(B)

advocacy for residents of nursing facilities through the office of the state long-term care ombudsman;

(C)

fostering of the state and community infrastructure and capacity to serve older residents of this state; and

(D)

availability of a comprehensive resource for state government and the public on trends related to and services and programs for an aging population;

(6)

performing all licensing and enforcement activities and functions related to long-term care facilities, including licensing and enforcement activities related to convalescent and nursing homes and related institutions under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions), Health and Safety Code;

(7)

performing all licensing and enforcement activities related to assisted living facilities under Chapter 247 (Assisted Living Facilities), Health and Safety Code;

(8)

performing all licensing and enforcement activities related to intermediate care facilities for persons with an intellectual disability under Chapter 252 (Intermediate Care Facilities for Individuals with an Intellectual Disability), Health and Safety Code;

(9)

performing all licensing and enforcement activities and functions related to home and community support services agencies under Chapter 142 (Home and Community Support Services), Health and Safety Code; and

(10)

serving as guardian of the person or estate, or both, for an incapacitated individual as provided by Subchapter E of this chapter and Title 3, Estates Code.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.03, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.447, eff. April 2, 2015.

Source: Section 161.071 — General Powers and Duties of Department, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­161.­htm#161.­071 (accessed Jun. 5, 2024).

161.001
Definitions
161.003
Sunset Provision
161.057
Criminal Background Checks
161.071
General Powers and Duties of Department
161.073
Rules
161.074
Competitive Grant Program
161.075
Immunity for Area Agencies on Aging and Agency Employees and Volunteers
161.076
On-site Surveys of Certain Providers
161.077
Investigation Database
161.078
Eligibility for Deaf-blind with Multiple Disabilities Waiver Program
161.079
Informal Caregiver Services
161.080
Contracts for Services for Individuals with Developmental Disabilities
161.081
Long-term Care Medicaid Waiver Programs: Streamlining and Uniformity
161.082
Long-term Care Medicaid Waiver Programs: Utilization Review
161.083
Corrections Medication Aides
161.084
Medicaid Service Options Public Education Initiative
161.085
Interest List Reporting
161.086
Electronic Visit Verification System
161.087
Gifts and Grants
161.088
Trauma-informed Care Training
161.089
Administrative Penalties
161.091
Definitions
161.092
Applicability
161.093
Administration of Medication
161.094
Department Duties
161.095
Liability
161.096
Conflict with Other Law
161.101
Guardianship Services
161.102
Referral to Guardianship Program, Court, or Other Person
161.103
Contract for Guardianship Services
161.104
Quality Assurance Program
161.105
Oath
161.106
Guardianship Powers and Duties
161.107
Exemption from Guardianship Bonds, Certain Costs, Fees, and Expenses
161.108
Successor Guardian
161.109
Access to Records or Documents
161.110
Legal Representation of Department
161.111
Confidentiality and Disclosure of Information
161.112
Indemnification for Legal Expenses
161.113
Immunity
161.114
Use of Volunteers
161.151
Definitions
161.152
Lifespan Respite Services Program
161.153
Eligibility
161.154
Respite Services Contracts
161.155
Respite Services Coordinator Functions
161.156
Rules
161.251
Definitions
161.252
Legislative Committee on Aging Established
161.253
Composition of Committee
161.254
Committee Powers and Duties
161.255
Report
161.301
Definition
161.302
Contract to Provide Outreach and Input Relating to Aging Population
161.303
Establishment and Administration of Fund
161.304
Use of Fund
161.351
Legislative Findings
161.352
Fall Prevention Awareness Week
161.353
Fall Prevention Policy
161.0515
Assistant Commissioner for State Supported Living Centers
161.0541
Maintenance of Merit System
161.0892
Informal Dispute Resolution

Accessed:
Jun. 5, 2024

§ 161.071’s source at texas​.gov