1974 Texas Attorney General Reports and Opinions 902 (1974)

handle is hein.sag/sagtx0004 and id is 1 raw text is: OF     1Xmi
JOHN L. HILL          AvsTNN TEXAN 78711
January Z, 1974

The Honorable Jess M. Irvin, Jr.
Commissioner for Rehabilitation
1600W. 38th Street
Austin, Texas 78731

Opinion No. H- 192
Re: May Texas Rehabilitation
Commission enter into
contract with Dept. of
HEW to make disability
determinations under
Title XVI, Social Security
Act, andcr-elated questions.

Dear Mr. Irvin:
In requesting an opinion of this office on the above referenced subject
matter, you advised us that, in administering the disability benefit provisions
of the Social Security Act, the Secretary of Health, Education and Welfare
has entered into agreements with the several states relative to the making
of determinations of disability by state agencies onbehalf of the Secretary,
and that the Department of Health, Education and Welfare has designated
the Texas Rehabilitation Commission as the state agency to make disability
determinations under Title XVI, Social Security Act, as am-ended.
You have attached to your opinion request a present agreement between
the S*ecretary of Health; Education and Welfare and the Texas Rehabilitation
Commission, successor state agency to the Commission for Rehabilitation,
which agreement has been in effect since September 1, 1969, and was supple-
mented on June 12, 1970. You have also attached a proposed modification to
the above agreement and supplement thereto which the Department of Health,
Education and Welfare has requested you, as Commissioner for Rehabilitation,
to execute.
You have asked our opinion on the following questions:
(1) Is the Texas Rehabilitation Commission empowered
to act on behalf of the State of Texas and enter an agree-

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