Untitled Texas Attorney General Opinion ( 1987 )

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Article 2675m, V.T.C.S., was repealed in 1971, Acts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Section 30.73 of the Education Code was repealed, Acts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section 111.082 of the Human Resources Code was repealed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