26 Tex. Admin. Code § 334.107

Current through Reg. 49, No. 49; December 6, 2024

Section 334.107 - Rights of an Individual

The PMRA provides that an individual in Texas has the rights, benefits, and privileges guaranteed by the constitutions and laws of the United States and Texas, unless those rights, benefits, and privileges are lawfully restricted. The following specific rights listed in the PMRA are not exclusive and do not limit the rights otherwise guaranteed by the constitutions and laws of the United States and Texas:

(1) the right to protection from exploitation and abuse, as described in THSC, §592.012;

(2) the right to live in the least restrictive setting appropriate to the individual's needs and abilities and in a variety of living situations, as described in THSC, §592.013;

(3) the right to receive publicly supported educational services, as described in THSC, §592.014;

(4) the right to equal opportunities in employment, as described in THSC, §592.015;

(5) the right to purchase, rent, or lease real property, as described in THSC, §592.016;

(6) the right to adequate treatment and habilitative services, as described in THSC, §592.017;

(7) the right to promptly receive a determination of mental retardation using diagnostic techniques that are adapted to that individual's cultural background, language, and ethnic origin to determine if the individual is in need of mental retardation services, as described in THSC, §592.018;

(8) the right to request and promptly receive an administrative hearing to contest the findings of the determination of mental retardation, as described in THSC, §592.019;

(9) the right to an additional, independent determination of mental retardation performed at the individual's expense if the individual questions the validity or results of the determination of mental retardation, as described in THSC, §592.020; and

(10) the right to the presumption of competency, due process in guardianship proceedings, and fair compensation for the individual's labor for the economic benefit of another, regardless of any direct or incidental therapeutic value to the individual, as described in THSC, §592.021.

26 Tex. Admin. Code § 334.107

Transferred from 40 TAC § 4.107 Texas Register, Volume 49, Number 24, June 14, 2024, TexReg 4435, eff. 7/1/2024