74R11104 E
By Hilderbran H.B. No. 2658
Substitute the following for H.B. No. 2658:
By Hilderbran C.S.H.B. No. 2658
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the name, function, and duties of the Texas Committee
1-3 on Purchases of Products and Services of Blind and Severely
1-4 Disabled Persons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 122, Human Resources Code, is amended to
1-7 read as follows:
1-8 CHAPTER 122. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
1-9 DISABILITIES <COMMITTEE ON PURCHASES OF PRODUCTS AND SERVICES OF
1-10 BLIND AND SEVERELY DISABLED PERSONS>
1-11 Sec. 122.001. PURPOSE. The purpose of this chapter is to
1-12 further the state's policy of encouraging and assisting <disabled>
1-13 persons with disabilities to achieve maximum personal independence
1-14 by engaging in useful and productive employment activities and, in
1-15 addition, to provide state agencies, departments, and institutions
1-16 and political subdivisions of the state with a method for achieving
1-17 conformity with requirements of nondiscrimination and affirmative
1-18 action in employment matters related to <disabled> persons with
1-19 disabilities.
1-20 Sec. 122.002. DEFINITIONS. In this chapter:
1-21 (1) "Central nonprofit agency" means an agency
1-22 designated as a central nonprofit agency under contract under
1-23 Section 122.019.
2-1 (2) "Commission" means the General Services
2-2 Commission.
2-3 (3) "Community rehabilitation program" means a
2-4 government or nonprofit private program operated under criteria
2-5 established by the council and under which persons with severe
2-6 disabilities produce products or perform services for compensation.
2-7 (4) "Council" means the Texas Council on Purchasing
2-8 from People with Disabilities.
2-9 (5) "Disability" means a mental or physical
2-10 impairment, including blindness, that impedes a person who is
2-11 seeking, entering, or maintaining gainful employment.
2-12 Sec. 122.003. TEXAS COUNCIL <COMMITTEE> ON PURCHASING FROM
2-13 PEOPLE WITH DISABILITIES <PURCHASES OF PRODUCTS AND SERVICES OF
2-14 BLIND AND SEVERELY DISABLED PERSONS>. (a) The Texas Council
2-15 <Committee> on Purchasing from People with Disabilities <Purchases
2-16 of Products and Services of Blind and Severely Disabled Persons> is
2-17 composed of the following members who are appointed by the governor
2-18 with the advice and consent of the senate:
2-19 (1) three <a> private citizens <citizen> conversant
2-20 with <the problems incidental to> the employment needs of persons
2-21 with disabilities, including blindness, and with current experience
2-22 in the pricing and marketing of goods and services <of blind
2-23 persons>;
2-24 (2) three representatives of community rehabilitation
2-25 programs that represent different disability groups, including
3-1 persons with blindness, and that provide or seek to provide
3-2 products produced or services performed by persons with
3-3 disabilities <a private citizen conversant with the problems
3-4 incidental to the employment of persons severely disabled by
3-5 conditions other than blindness>; and
3-6 (3) three representatives of state agencies or
3-7 political subdivisions that purchase a significant amount of
3-8 products produced or services performed by persons with
3-9 disabilities <a representative of a sheltered workshop for blind
3-10 persons organized under state law;>
3-11 <(4) a representative of a sheltered workshop
3-12 organized under state law to serve persons disabled by conditions
3-13 other than blindness;>
3-14 <(5) a representative of the Texas Rehabilitation
3-15 Commission;>
3-16 <(6) a representative of the State Purchasing and
3-17 General Services Commission;>
3-18 <(7) a representative of the Texas Commission for the
3-19 Blind>;
3-20 <(8) a representative of the Texas Department of
3-21 Mental Health and Mental Retardation;>
3-22 <(9) a representative of private business who is
3-23 knowledgeable in the activities and processes involved in the sale
3-24 of goods or services to governmental entities; and>
3-25 <(10) a representative of the State Highway and Public
4-1 Transportation Commission>.
4-2 (b) Members of the council <committee> serve staggered <for>
4-3 terms of six <two> years with the terms of three members expiring
4-4 on January 31 of each odd-numbered year <years>. Members may not
4-5 receive compensation for their service on the council <committee>,
4-6 but they are entitled to reimbursement for actual and necessary
4-7 expenses incurred in performing their duties as members. <The
4-8 Texas Rehabilitation Commission, the Texas Department of Mental
4-9 Health and Mental Retardation, and the Texas Commission for the
4-10 Blind shall share equally in the cost of reimbursing members who
4-11 are not representatives of state agencies, and the Texas Commission
4-12 for the Blind is the paying agent for those reimbursements.
4-13 Members who are representatives of state agencies shall be
4-14 reimbursed by the agencies they represent.>
4-15 (c) The governor shall select one of the council <committee>
4-16 members to serve as presiding officer <chairman>.
4-17 (d) A person is not eligible for appointment as a member of
4-18 the council under Subsection (a)(1) if the person or the person's
4-19 spouse:
4-20 (1) is employed by or participates in the management
4-21 of a central nonprofit agency, a community rehabilitation program,
4-22 or another organization receiving funds from or doing business with
4-23 the council;
4-24 (2) owns or controls, directly or indirectly, more
4-25 than a 10 percent interest in a central nonprofit agency, a
5-1 community rehabilitation program, or another organization receiving
5-2 funds from or doing business with the council; or
5-3 (3) uses or receives a substantial amount of tangible
5-4 goods, services, or funds from the council, a central nonprofit
5-5 agency, or a community rehabilitation program, other than
5-6 reimbursement authorized by law for council membership, attendance,
5-7 or expenses. <A member who is unable to attend a meeting of the
5-8 committee may designate a person from his agency, department, or
5-9 other organization to represent him at the meeting.>
5-10 (e) A person may not serve as a member of the council if
5-11 the person is required to register as a lobbyist under Chapter 305,
5-12 Government Code, because of the person's activities for
5-13 compensation on behalf of a profession related to the operation of
5-14 the council.
5-15 (f) Appointments to the council <committee> shall be made
5-16 without regard to the race, creed, sex, disability, age, religion,
5-17 or national origin of the appointees.
5-18 (g) <(f)> It is a ground for removal from the council
5-19 <committee> if a member:
5-20 (1) does not have at the time of appointment the
5-21 qualifications required by Subsection (a) of this section for
5-22 appointment to the council <committee>; <or>
5-23 (2) does not maintain during the service on the
5-24 council <committee> the qualifications required by Subsection (a)
5-25 of this section for appointment to the council;
6-1 (3) violates a prohibition established by Subsection
6-2 (d) or (e) of this section;
6-3 (4) cannot because of illness or disability discharge
6-4 the member's duties for a substantial part of the term for which
6-5 the member is appointed; or
6-6 (5) is absent from more than half of the regularly
6-7 scheduled council meetings that the member is eligible to attend
6-8 during a calendar year unless the absence is excused by majority
6-9 vote of the council <committee>.
6-10 (h) <(g)> The validity of an action of the council
6-11 <committee> is not affected by the fact that it was taken when a
6-12 ground for removal of a member of the council <committee> existed.
6-13 (i) If the executive director of the commission has
6-14 knowledge that a potential ground for removal exists, the executive
6-15 director shall notify the presiding officer of the council of the
6-16 potential ground. If the presiding officer is notified under this
6-17 section, or if the presiding officer has knowledge that a potential
6-18 ground for removal exists, the presiding officer shall notify the
6-19 governor and the attorney general that a potential ground for
6-20 removal exists. If the potential ground for removal involves the
6-21 presiding officer, the executive director shall notify the next
6-22 highest officer of the council, who shall notify the governor and
6-23 the attorney general that a potential ground for removal exists.
6-24 (j) The council may establish criteria for recognition and
6-25 approval of community rehabilitation programs. The council may:
7-1 (1) recognize a program that maintains accreditation
7-2 by a nationally accepted vocational rehabilitation accrediting
7-3 organization; and
7-4 (2) approve community rehabilitation program services
7-5 that have been approved for purchase by a state habilitation or
7-6 rehabilitation agency.
7-7 Sec. 122.004. INFORMATION RELATING TO STANDARDS OF CONDUCT.
7-8 The presiding officer of the council or the presiding officer's
7-9 designee shall provide to members of the council, as often as
7-10 necessary, information regarding their qualification for office
7-11 under this chapter and their responsibilities under applicable laws
7-12 relating to standards of conduct for state officers.
7-13 Sec. 122.005. MEMBER TRAINING. (a) Before a member of the
7-14 council may assume the member's duties and before the member may be
7-15 confirmed by the senate, the member must complete at least one
7-16 course of the training program established under this section.
7-17 (b) A training program established under this section shall
7-18 provide information to the member regarding:
7-19 (1) this chapter;
7-20 (2) the programs operated by the council;
7-21 (3) the role and functions of the council;
7-22 (4) the current budget for the council;
7-23 (5) the results of the most recent formal audit of the
7-24 council;
7-25 (6) the requirements of the:
8-1 (A) open meetings law, Chapter 551, Government
8-2 Code;
8-3 (B) open records law, Chapter 552, Government
8-4 Code; and
8-5 (C) administrative procedure law, Chapter 2001,
8-6 Government Code;
8-7 (7) the requirements of the conflict of interest laws
8-8 and other laws relating to public officials; and
8-9 (8) any applicable ethics policies adopted by the
8-10 council or the Texas Ethics Commission.
8-11 Sec. 122.006 <122.003>. SUNSET PROVISION. The Texas Council
8-12 <Committee> on Purchasing from People with Disabilities <Purchases
8-13 of Products and Services of Blind and Severely Disabled Persons> is
8-14 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
8-15 continued in existence as provided by that chapter, the council
8-16 <committee> is abolished and this chapter expires September 1,
8-17 1999.
8-18 Sec. 122.007 <122.004>. FAIR MARKET PRICE; PURCHASING
8-19 PROCEDURES. (a) The council <committee> shall determine the fair
8-20 market price of all products and services manufactured or provided
8-21 by <blind or other severely disabled> persons with disabilities and
8-22 offered for sale to the various agencies and departments of the
8-23 state and its political subdivisions by a community rehabilitation
8-24 program <nonprofit agency for blind or other severely disabled
8-25 persons organized under state law and recognized by the Texas
9-1 Commission for the Blind or the Texas Rehabilitation Commission as
9-2 capable of contributing to the purposes of this chapter>.
9-3 (b) A subcommittee composed of three council <committee>
9-4 members appointed by the presiding officer <chairman> shall review
9-5 the data used to determine fair market price and shall make
9-6 recommendations to the council <committee> concerning fair market
9-7 price for the products and services.
9-8 (c) The council <committee> shall revise the prices
9-9 periodically to reflect changing market conditions.
9-10 (d) <The committee shall make rules regarding designation of
9-11 a central nonprofit agency to facilitate the distribution of orders
9-12 among agencies serving blind or other severely disabled persons and
9-13 regarding other matters related to the state's use of the products
9-14 and services of blind and severely disabled persons.>
9-15 <(e)> Requisitions for products and services required by
9-16 state agencies are processed by the commission <State Purchasing
9-17 and General Services Commission> according to rules established by
9-18 the commission.
9-19 Sec. 122.008 <122.005>. PROCUREMENT AT DETERMINED PRICE. A
9-20 suitable product or service that meets applicable specifications
9-21 established by the state or its political subdivisions and that is
9-22 available within the time specified must be procured from a
9-23 community rehabilitation program <nonprofit agency for blind or
9-24 other severely disabled persons> at the price determined by the
9-25 council <committee> to be the fair market price.
10-1 Sec. 122.009 <122.006>. RECORDS. (a) The records of the
10-2 council <committee> and of a central <any> nonprofit agency
10-3 <participating in this program> shall, to the extent that the
10-4 records pertain specifically to state purchases of the products and
10-5 services of <blind or other severely disabled> persons with
10-6 disabilities, be made available upon request to the inspection of
10-7 representatives of the state auditor, the governor's budget office,
10-8 or the Legislative Budget Board. The inspection of the records
10-9 shall be conducted with due regard to the privacy rights of <blind
10-10 or other severely disabled> persons with disabilities. A document
10-11 that is available for inspection under this subsection is an open
10-12 record for purposes of Chapter 552, Government Code.
10-13 (b) The commission <Texas Commission for the Blind> is the
10-14 depository for all records concerning the council's <committee's>
10-15 operations.
10-16 (c) The council is subject to Chapter 552, Government Code.
10-17 Sec. 122.010 <122.007>. COOPERATION WITH DEPARTMENT OF
10-18 CRIMINAL JUSTICE <CORRECTIONS>. The council <committee> may
10-19 cooperate with the institutional division of the Texas Department
10-20 of Criminal Justice <Corrections> to accomplish the purposes of
10-21 this chapter and to contribute to the economy of state government.
10-22 The council <committee> and the department may enter into
10-23 contractual agreements, cooperative working relationships, or other
10-24 arrangements necessary for effective coordination and the
10-25 realization of the objectives of both entities.
11-1 Sec. 122.011 <122.008>. CORRELATION WITH RELATED FEDERAL
11-2 PROGRAMS. The council <committee> may adopt procedures, practices,
11-3 and standards used for federal programs similar to the state
11-4 program established in this chapter.
11-5 Sec. 122.012 <122.009>. DUTIES OF COMMISSION; INTERAGENCY
11-6 COOPERATION. (a) The commission shall provide legal, clerical,
11-7 administrative, and other necessary support to the council in
11-8 accordance with legislative appropriation.
11-9 (b) State agencies responsible for the provision of
11-10 rehabilitation and related services to <blind or other severely
11-11 disabled> persons with disabilities shall cooperate with the
11-12 council <committee> in the operation of the <this> program. The
11-13 Texas Commission for the Blind, the Texas Rehabilitation
11-14 Commission, and other state human services agencies responsible for
11-15 assisting <disabled> persons with disabilities may, through written
11-16 agreements or interagency contracts, provide space, storage,
11-17 logistical support, consultation, expert services, communications
11-18 services, or financial assistance with respect to any function or
11-19 responsibility of the council <committee>.
11-20 (c) The commission or <However,> a state agency may not
11-21 assume the marketing or <permanent> fiscal responsibility for the
11-22 expense of marketing the products and services of <blind or other
11-23 severely disabled> persons with disabilities under the <this>
11-24 program.
11-25 Sec. 122.013 <122.010>. RULES. (a) The council <committee>
12-1 may adopt rules for the implementation, extension, administration,
12-2 or improvement of the program authorized by this chapter in
12-3 accordance with Chapter 2001, Government Code.
12-4 (b) The commission shall provide legal support to assist the
12-5 council in adopting rules under this section. <Rules adopted under
12-6 this section do not take effect unless approved by the Texas
12-7 Commission for the Blind and the Texas Rehabilitation Commission.>
12-8 Sec. 122.014 <122.011>. PRODUCT SPECIFICATIONS. Except as
12-9 otherwise provided by this section, a product manufactured for sale
12-10 through the commission <State Purchasing and General Services
12-11 Commission> to any office, department, institution, or agency of
12-12 the state under this chapter shall be manufactured or produced
12-13 according to specifications developed by the commission <State
12-14 Purchasing and General Services Commission>. If the commission
12-15 <State Purchasing and General Services Commission> has not adopted
12-16 specifications for a particular product, the production shall be
12-17 based on commercial or federal specifications in current use by
12-18 industry for the manufacture of the product for sale to the state.
12-19 Sec. 122.015 <122.012>. DETERMINATIONS OF FAIR MARKET VALUE.
12-20 (a) In determining the fair market value of products or services
12-21 offered for sale under this chapter, the subcommittee established
12-22 under <by Subsection (b) of> Section 122.007(b) <122.004 of this
12-23 code> and the council <committee> shall give due consideration to
12-24 the following type of factors:
12-25 (1) to the extent applicable, the amounts being paid
13-1 for similar articles in similar quantities by federal agencies
13-2 purchasing the products or services under the authorized federal
13-3 program of like effect to the state program authorized by this
13-4 chapter;
13-5 (2) the amounts which private business would pay for
13-6 similar products or services in similar quantities if purchasing
13-7 from a reputable corporation engaged in the business of selling
13-8 similar products or services;
13-9 (3) to the extent applicable, the amount paid by the
13-10 state in any recent purchases of similar products or services in
13-11 similar quantities, making due allowance for general inflationary
13-12 or deflationary trends;
13-13 (4) the actual cost of manufacturing the product or
13-14 performing a service at a community rehabilitation program
13-15 <sheltered workshop> offering employment services on or off
13-16 premises to <blind or other severely disabled> persons with
13-17 disabilities, with adequate weight to be given to legal and moral
13-18 imperatives to pay <blind or other severely disabled> workers with
13-19 disabilities equitable wages; and
13-20 (5) the usual, customary, and reasonable costs of
13-21 manufacturing, marketing, and distribution.
13-22 (b) The actual cost of manufacturing a product or performing
13-23 a service consists of costs directly associated with a contract and
13-24 includes costs for labor, raw materials used in the production of
13-25 the product, storage, and delivery. Actual costs do not include a
14-1 cost associated with an individual's preparation to perform the
14-2 work activity.
14-3 (c) The fair market value of a product or service,
14-4 determined after consideration of relevant factors of the foregoing
14-5 type, may not be excessive or unreasonable.
14-6 Sec. 122.016 <122.013>. EXCEPTIONS. (a) Exceptions from
14-7 the operation of the mandatory provisions of Section 122.014
14-8 <122.011 of this code> may be made in any case where:
14-9 (1) under the rules of the commission <State
14-10 Purchasing and General Services Commission>, the product or service
14-11 so produced or provided does not meet the reasonable requirements
14-12 of the office, department, institution, or agency; or
14-13 (2) the requisitions made cannot be reasonably
14-14 complied with through provision of products or services produced by
14-15 <blind or other severely disabled> persons with disabilities.
14-16 (b) Each month, the commission <State Purchasing and General
14-17 Services Commission> shall provide the council <committee> with a
14-18 list of all items purchased under the exception provided by
14-19 Subsection (a) of this section. The council <committee> shall
14-20 adopt the form in which the list is to be provided and may require
14-21 the list to include the date of requisition, the type of product or
14-22 service requested, the reason for purchase under the exception, and
14-23 any other information that the council <committee> considers
14-24 relevant to a determination of why the product or service was not
14-25 purchased in accordance with Section 122.014 <122.011 of this
15-1 code>.
15-2 (c) No office, department, institution, or agency may evade
15-3 the intent of this section by slight variations from standards
15-4 adopted by the commission <State Purchasing and General Services
15-5 Commission>, when the products or services produced or provided by
15-6 <blind or other severely disabled> persons with disabilities, in
15-7 accordance with established standards, are reasonably adapted to
15-8 the actual needs of the office, department, institution, or agency.
15-9 Sec. 122.017 <122.014>. PROCUREMENT FOR POLITICAL
15-10 SUBDIVISIONS. A product manufactured for sale to a political
15-11 subdivision of this state or an office or department thereof shall
15-12 be manufactured or produced according to specifications developed
15-13 by the purchaser. A political subdivision of this state may
15-14 purchase products or services for its use from private businesses
15-15 through its authorized purchasing procedures, but may substitute
15-16 equivalent products or services produced by <blind or other
15-17 severely disabled> persons with disabilities under the provisions
15-18 of this chapter. Nothing in this chapter shall be construed to
15-19 require a nonprofit agency for <blind or other severely disabled>
15-20 persons with disabilities to engage in competitive bidding.
15-21 Sec. 122.018 <122.015>. POLITICAL SUBDIVISIONS EXCLUDED.
15-22 There are excluded from the mandatory application of this chapter
15-23 the political subdivisions of the state that are not covered by
15-24 Title V of the Federal Rehabilitation Act of 1973, as amended (29
15-25 U.S. Code Sections 790 through 794). This chapter does not
16-1 prohibit a political subdivision from acting as a willing buyer
16-2 outside a bid system. <Nothing in this chapter shall be construed
16-3 as limiting blind or other severely disabled persons in their
16-4 capacity to sell their products to any willing buyer.>
16-5 Sec. 122.019 <122.016>. CENTRAL NONPROFIT AGENCY <BUDGET
16-6 REQUEST>. (a) The council shall contract with a central nonprofit
16-7 agency to:
16-8 (1) recruit and assist community rehabilitation
16-9 programs in developing and submitting applications for the
16-10 selection of suitable products and services;
16-11 (2) facilitate the distribution of orders among
16-12 community rehabilitation programs;
16-13 (3) manage and coordinate the day-to-day operation of
16-14 the program, including the general administration of contracts with
16-15 community rehabilitation programs; and
16-16 (4) promote increased supported employment
16-17 opportunities for persons with disabilities. <Annually, any
16-18 nonprofit agency for the blind or other severely disabled persons
16-19 that desires funds shall submit to the committee a budget request
16-20 based on its participation in the program established under this
16-21 chapter.>
16-22 (b) The services of a central nonprofit agency may include
16-23 marketing and marketing support services, such as:
16-24 (1) assistance to community rehabilitation programs
16-25 regarding solicitation and negotiation of contracts;
17-1 (2) direct marketing of products and services to
17-2 consumers;
17-3 (3) research and development of products and services;
17-4 (4) public relations activities to promote the
17-5 program;
17-6 (5) customer relations;
17-7 (6) education and training;
17-8 (7) accounting services related to purchase orders,
17-9 invoices, and payments to community rehabilitation programs; and
17-10 (8) other duties designated by the council. <The
17-11 agency shall base its budget request on the amount of funds
17-12 necessary to accomplish certain objectives developed by the
17-13 agency's director.>
17-14 (c) Each year, the council shall review services provided by
17-15 a central nonprofit agency and the revenues required to accomplish
17-16 the program to determine whether each agency's performance complies
17-17 with contractual specifications. Not later than the 60th day
17-18 before the review, the council shall publish in the Texas Register
17-19 a request for comment on the services of a central nonprofit agency
17-20 that participates in community rehabilitation programs. <The
17-21 agency shall develop the budget request in conjunction with the
17-22 management of workshops in which blind or other severely disabled
17-23 persons work.>
17-24 (d) At least once during each two-year period, the council
17-25 shall review and renegotiate the contract with a central nonprofit
18-1 agency. Not later than the 60th day before the date the council
18-2 adopts or renews a contract, the council shall publish notice of
18-3 the proposed contract in the Texas Register. <The committee shall
18-4 review budget requests and may allow, disallow, or modify them.>
18-5 (e) The maximum management fee rate charged by a central
18-6 nonprofit agency for its services must be computed as a percentage
18-7 of the selling price of the product or the contract price of a
18-8 service, must be included in the selling price or contract price,
18-9 and must be paid at the time of sale. The management fee rate must
18-10 be approved by the council.
18-11 (f) A percentage of the management fee described by
18-12 Subsection (e) shall be paid to the council and is subject to
18-13 Section 122.023. The percentage shall be set by the council in
18-14 the amount necessary to reimburse the general revenue fund for
18-15 direct and reasonable costs incurred by the commission in
18-16 administering its duties under this chapter.
18-17 Sec. 122.020 <122.017>. CONSUMER INFORMATION; COMPLAINTS.
18-18 (a) The council <committee> shall prepare information of consumer
18-19 interest describing the activities of the council <committee> and
18-20 describing the council's <committee's> procedures by which consumer
18-21 complaints are filed with and resolved by the council <committee>.
18-22 The council <committee> shall make the information available to the
18-23 general public and appropriate state agencies.
18-24 (b) The council <committee> shall keep an information file
18-25 about each complaint filed with the council <committee> relating to
19-1 a product or service offered by a community rehabilitation program
19-2 <the workshops>.
19-3 (c) If a written complaint is filed with the council
19-4 <committee> relating to a product or service offered by a community
19-5 rehabilitation program <workshop>, the council <committee>, at
19-6 least as frequently as quarterly and until final disposition of the
19-7 complaint, shall notify the parties to the complaint of the status
19-8 of the complaint unless the notice would jeopardize an undercover
19-9 investigation.
19-10 Sec. 122.021. PUBLIC TESTIMONY AND ACCESS. (a) The council
19-11 shall develop and implement policies that provide the public with a
19-12 reasonable opportunity to appear before the council and to speak on
19-13 any issue under the jurisdiction of the council.
19-14 (b) The council shall comply with federal and state laws
19-15 related to program and facility accessibility. The council shall
19-16 also prepare and maintain a written plan that describes how a
19-17 person who does not speak English can be provided reasonable access
19-18 to the council's programs and services.
19-19 Sec. 122.022 <122.018>. REPORTS. (a) On or before January
19-20 1 of each year, the council <committee> shall file with the
19-21 governor and the presiding officer of each house of the legislature
19-22 a complete and detailed written report accounting for all funds
19-23 received and disbursed by the council <committee> during the
19-24 preceding year. The annual report must meet the reporting
19-25 requirements applicable to financial reporting provided in the
20-1 General Appropriations Act.
20-2 (b) The report submitted under this section shall include:
20-3 (1) the number of <disabled> persons with
20-4 disabilities, according to their type of disability, who are
20-5 employed in community rehabilitation programs <workshops>
20-6 participating in the programs established by this chapter;
20-7 (2) the amount of annual wages paid to a person
20-8 participating in the program;
20-9 (3) a summary of the sale of products offered by a
20-10 community rehabilitation program <workshop>;
20-11 (4) a list of products and services offered by a
20-12 community rehabilitation program <workshop>; and
20-13 (5) the geographic distribution of the community
20-14 rehabilitation programs <workshops>.
20-15 Sec. 122.023. COUNCIL FUNDS. All money paid to the council
20-16 under this chapter is subject to Subchapter F, Chapter 404,
20-17 Government Code.
20-18 Sec. 122.024. STRATEGIC PLAN; FINAL OPERATING PLAN. The
20-19 council shall prepare an agency strategic plan and a final
20-20 operating plan as required by Subchapter E, Chapter 2054,
20-21 Government Code.
20-22 Sec. 122.025 <122.019>. OPEN MEETINGS; ADMINISTRATIVE
20-23 PROCEDURE. The council <committee> is subject to Chapters 551 and
20-24 2001, Government Code <the open meetings law, Chapter 271, Acts of
20-25 the 60th Legislature, Regular Session, 1967, as amended (Article
21-1 6252-17, Vernon's Texas Civil Statutes), and the Administrative
21-2 Procedure and Texas Register Act, as amended (Article 6252-13a,
21-3 Vernon's Texas Civil Statutes)>.
21-4 SECTION 2. The name of the Texas Committee on Purchases of
21-5 Products and Services of Blind and Severely Disabled Persons is
21-6 changed to the Texas Council on Purchasing from People with
21-7 Disabilities. Any reference in the law to the Texas Committee on
21-8 Purchases of Products and Services of Blind and Severely Disabled
21-9 Persons means the Texas Council on Purchasing from People with
21-10 Disabilities.
21-11 SECTION 3. (a) Before using new stationery or other
21-12 supplies printed with the name Texas Council on Purchasing from
21-13 People with Disabilities, as adopted by this Act, the council shall
21-14 use all stationery and other supplies that are printed with the
21-15 council's former name and that are in the council's possession on
21-16 the effective date of this Act.
21-17 (b) An appropriation made to the Texas Committee on
21-18 Purchases of Products and Services of Blind and Severely Disabled
21-19 Persons is available to the council under its name as adopted by
21-20 this Act.
21-21 SECTION 4. (a) The positions of the members of the Texas
21-22 Committee on Purchases of Products and Services of Blind and
21-23 Severely Disabled Persons who are serving on the committee
21-24 immediately before September 1, 1995, are abolished on that date.
21-25 As soon as possible on or after the effective date of this Act, the
22-1 governor shall make the appointments to the Texas Council on
22-2 Purchasing from People with Disabilities.
22-3 (b) In making the initial appointments to the Texas Council
22-4 on Purchasing from People with Disabilities, the governor shall
22-5 appoint three members for terms expiring January 31, 1997, three
22-6 members for terms expiring January 31, 1999, and three members for
22-7 terms expiring January 31, 2001.
22-8 (c) Until all appointees have taken office, a quorum of the
22-9 council is a majority of the number of members who have qualified
22-10 for membership on the council.
22-11 SECTION 5. Not later than January 31, 1996, the Texas
22-12 Commission for the Blind shall transfer to the General Services
22-13 Commission records maintained by the Texas Commission for the Blind
22-14 relating to the operations of the Texas Committee on Purchases of
22-15 Products and Services of Blind and Severely Disabled Persons.
22-16 SECTION 6. An agreement between the Texas Committee on
22-17 Purchases of Products and Services of Blind and Severely Disabled
22-18 Persons and a central nonprofit agency, as defined by Section
22-19 122.002, Human Resources Code, as amended by this Act, may be
22-20 extended until all of the appointments to the Texas Council on
22-21 Purchasing from People with Disabilities have been made and the
22-22 council terminates or renegotiates the agreement.
22-23 SECTION 7. This Act takes effect September 1, 1995.
22-24 SECTION 8. The importance of this legislation and the
22-25 crowded condition of the calendars in both houses create an
23-1 emergency and an imperative public necessity that the
23-2 constitutional rule requiring bills to be read on three several
23-3 days in each house be suspended, and this rule is hereby suspended.