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