SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT

Sec. 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, 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.
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.