Tex. Hum. Res. Code § 161.071 · Subchapter D. POWERS AND DUTIES OF DEPARTMENT
GENERAL POWERS AND DUTIES OF DEPARTMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
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, 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 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, Health and Safety Code;
(7) performing all licensing and enforcement activities related to assisted living facilities under Chapter 247, 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, Health and Safety Code;
(9) performing all licensing and enforcement activities and functions related to home and community support services agencies under Chapter 142, 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.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A, eff. September 1, 2003.
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HR/htm/HR.161.htm
- Text hash
- sha256 e5790ccc4956562bd436afc821bef6d6fe204db7a485e1195879bbc90bd089d8
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
Health and Safety Code
- Tex. Health & Safety Code ch. 142HOME AND COMMUNITY SUPPORT SERVICESPrinted as Chapter 142, Health and Safety Code
- Tex. Health & Safety Code ch. 242CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONSPrinted as Chapter 242, Health and Safety Code
- Tex. Health & Safety Code ch. 247ASSISTED LIVING FACILITIESPrinted as Chapter 247, Health and Safety Code
- Tex. Health & Safety Code ch. 252INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITYPrinted as Chapter 252, Health and Safety Code
Cited by 1 provision
Provisions in this library whose text cites Tex. Hum. Res. Code § 161.071. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.