1-1 By: Hilderbran, Naishtat (Senate Sponsor - Galloway) H.B. No. 2658
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1995, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 17, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the name, function, and duties of the Texas Committee
1-9 on Purchases of Products and Services of Blind and Severely
1-10 Disabled Persons.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 122, Human Resources Code, is amended to
1-13 read as follows:
1-14 CHAPTER 122. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
1-15 DISABILITIES <COMMITTEE ON PURCHASES OF PRODUCTS AND SERVICES OF
1-16 BLIND AND SEVERELY DISABLED PERSONS>
1-17 Sec. 122.001. PURPOSE. The purpose of this chapter is to
1-18 further the state's policy of encouraging and assisting <disabled>
1-19 persons with disabilities to achieve maximum personal independence
1-20 by engaging in useful and productive employment activities and, in
1-21 addition, to provide state agencies, departments, and institutions
1-22 and political subdivisions of the state with a method for achieving
1-23 conformity with requirements of nondiscrimination and affirmative
1-24 action in employment matters related to <disabled> persons with
1-25 disabilities.
1-26 Sec. 122.002. DEFINITIONS. In this chapter:
1-27 (1) "Central nonprofit agency" means an agency
1-28 designated as a central nonprofit agency under contract under
1-29 Section 122.019.
1-30 (2) "Commission" means the General Services
1-31 Commission.
1-32 (3) "Community rehabilitation program" means a
1-33 government or nonprofit private program operated under criteria
1-34 established by the council and under which persons with severe
1-35 disabilities produce products or perform services for compensation.
1-36 (4) "Council" means the Texas Council on Purchasing
1-37 from People with Disabilities.
1-38 (5) "Disability" means a mental or physical
1-39 impairment, including blindness, that impedes a person who is
1-40 seeking, entering, or maintaining gainful employment.
1-41 Sec. 122.003. TEXAS COUNCIL <COMMITTEE> ON PURCHASING FROM
1-42 PEOPLE WITH DISABILITIES <PURCHASES OF PRODUCTS AND SERVICES OF
1-43 BLIND AND SEVERELY DISABLED PERSONS>. (a) The Texas Council
1-44 <Committee> on Purchasing from People with Disabilities <Purchases
1-45 of Products and Services of Blind and Severely Disabled Persons> is
1-46 composed of the following members who are appointed by the governor
1-47 with the advice and consent of the senate:
1-48 (1) three <a> private citizens <citizen> conversant
1-49 with <the problems incidental to> the employment needs of persons
1-50 with disabilities, including blindness, and with current experience
1-51 in the pricing and marketing of goods and services <of blind
1-52 persons>;
1-53 (2) three representatives of community rehabilitation
1-54 programs that represent different disability groups, including
1-55 persons with blindness, and that provide or seek to provide
1-56 products produced or services performed by persons with
1-57 disabilities <a private citizen conversant with the problems
1-58 incidental to the employment of persons severely disabled by
1-59 conditions other than blindness>; and
1-60 (3) three representatives of state agencies or
1-61 political subdivisions that purchase a significant amount of
1-62 products produced or services performed by persons with
1-63 disabilities <a representative of a sheltered workshop for blind
1-64 persons organized under state law;>
1-65 <(4) a representative of a sheltered workshop
1-66 organized under state law to serve persons disabled by conditions
1-67 other than blindness;>
1-68 <(5) a representative of the Texas Rehabilitation
2-1 Commission;>
2-2 <(6) a representative of the State Purchasing and
2-3 General Services Commission;>
2-4 <(7) a representative of the Texas Commission for the
2-5 Blind>;
2-6 <(8) a representative of the Texas Department of
2-7 Mental Health and Mental Retardation;>
2-8 <(9) a representative of private business who is
2-9 knowledgeable in the activities and processes involved in the sale
2-10 of goods or services to governmental entities; and>
2-11 <(10) a representative of the State Highway and Public
2-12 Transportation Commission>.
2-13 (b) Members of the council <committee> serve staggered <for>
2-14 terms of six <two> years with the terms of three members expiring
2-15 on January 31 of each odd-numbered year <years>. Members may not
2-16 receive compensation for their service on the council <committee>,
2-17 but they are entitled to reimbursement for actual and necessary
2-18 expenses incurred in performing their duties as members. <The
2-19 Texas Rehabilitation Commission, the Texas Department of Mental
2-20 Health and Mental Retardation, and the Texas Commission for the
2-21 Blind shall share equally in the cost of reimbursing members who
2-22 are not representatives of state agencies, and the Texas Commission
2-23 for the Blind is the paying agent for those reimbursements.
2-24 Members who are representatives of state agencies shall be
2-25 reimbursed by the agencies they represent.>
2-26 (c) The governor shall select one of the council <committee>
2-27 members to serve as presiding officer <chairman>.
2-28 (d) A person is not eligible for appointment as a member of
2-29 the council under Subsection (a)(1) if the person or the person's
2-30 spouse:
2-31 (1) is employed by or participates in the management
2-32 of a central nonprofit agency, a community rehabilitation program,
2-33 or another organization receiving funds from or doing business with
2-34 the council;
2-35 (2) owns or controls, directly or indirectly, more
2-36 than a 10 percent interest in a central nonprofit agency, a
2-37 community rehabilitation program, or another organization receiving
2-38 funds from or doing business with the council; or
2-39 (3) uses or receives a substantial amount of tangible
2-40 goods, services, or funds from the council, a central nonprofit
2-41 agency, or a community rehabilitation program, other than
2-42 reimbursement authorized by law for council membership, attendance,
2-43 or expenses. <A member who is unable to attend a meeting of the
2-44 committee may designate a person from his agency, department, or
2-45 other organization to represent him at the meeting.>
2-46 (e) A person may not serve as a member of the council if
2-47 the person is required to register as a lobbyist under Chapter 305,
2-48 Government Code, because of the person's activities for
2-49 compensation on behalf of a profession related to the operation of
2-50 the council.
2-51 (f) Appointments to the council <committee> shall be made
2-52 without regard to the race, creed, sex, disability, age, religion,
2-53 or national origin of the appointees.
2-54 (g) <(f)> It is a ground for removal from the council
2-55 <committee> if a member:
2-56 (1) does not have at the time of appointment the
2-57 qualifications required by Subsection (a) of this section for
2-58 appointment to the council <committee>; <or>
2-59 (2) does not maintain during the service on the
2-60 council <committee> the qualifications required by Subsection (a)
2-61 of this section for appointment to the council;
2-62 (3) violates a prohibition established by Subsection
2-63 (d) or (e) of this section;
2-64 (4) cannot because of illness or disability discharge
2-65 the member's duties for a substantial part of the term for which
2-66 the member is appointed; or
2-67 (5) is absent from more than half of the regularly
2-68 scheduled council meetings that the member is eligible to attend
2-69 during a calendar year unless the absence is excused by majority
2-70 vote of the council <committee>.
3-1 (h) <(g)> The validity of an action of the council
3-2 <committee> is not affected by the fact that it was taken when a
3-3 ground for removal of a member of the council <committee> existed.
3-4 (i) If the executive director of the commission has
3-5 knowledge that a potential ground for removal exists, the executive
3-6 director shall notify the presiding officer of the council of the
3-7 potential ground. If the presiding officer is notified under this
3-8 section, or if the presiding officer has knowledge that a potential
3-9 ground for removal exists, the presiding officer shall notify the
3-10 governor and the attorney general that a potential ground for
3-11 removal exists. If the potential ground for removal involves the
3-12 presiding officer, the executive director shall notify the next
3-13 highest officer of the council, who shall notify the governor and
3-14 the attorney general that a potential ground for removal exists.
3-15 (j) The council may establish criteria for recognition and
3-16 approval of community rehabilitation programs. The council may:
3-17 (1) recognize a program that maintains accreditation
3-18 by a nationally accepted vocational rehabilitation accrediting
3-19 organization; and
3-20 (2) approve community rehabilitation program services
3-21 that have been approved for purchase by a state habilitation or
3-22 rehabilitation agency.
3-23 Sec. 122.004. INFORMATION RELATING TO STANDARDS OF CONDUCT.
3-24 The presiding officer of the council or the presiding officer's
3-25 designee shall provide to members of the council, as often as
3-26 necessary, information regarding their qualification for office
3-27 under this chapter and their responsibilities under applicable laws
3-28 relating to standards of conduct for state officers.
3-29 Sec. 122.005. MEMBER TRAINING. (a) Before a member of the
3-30 council may assume the member's duties and before the member may be
3-31 confirmed by the senate, the member must complete at least one
3-32 course of the training program established under this section.
3-33 (b) A training program established under this section shall
3-34 provide information to the member regarding:
3-35 (1) this chapter;
3-36 (2) the programs operated by the council;
3-37 (3) the role and functions of the council;
3-38 (4) the current budget for the council;
3-39 (5) the results of the most recent formal audit of the
3-40 council;
3-41 (6) the requirements of the:
3-42 (A) open meetings law, Chapter 551, Government
3-43 Code;
3-44 (B) open records law, Chapter 552, Government
3-45 Code; and
3-46 (C) administrative procedure law, Chapter 2001,
3-47 Government Code;
3-48 (7) the requirements of the conflict of interest laws
3-49 and other laws relating to public officials; and
3-50 (8) any applicable ethics policies adopted by the
3-51 council or the Texas Ethics Commission.
3-52 Sec. 122.006 <122.003>. SUNSET PROVISION. The Texas Council
3-53 <Committee> on Purchasing from People with Disabilities <Purchases
3-54 of Products and Services of Blind and Severely Disabled Persons> is
3-55 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
3-56 continued in existence as provided by that chapter, the council
3-57 <committee> is abolished and this chapter expires September 1,
3-58 1999.
3-59 Sec. 122.007 <122.004>. FAIR MARKET PRICE; PURCHASING
3-60 PROCEDURES. (a) The council <committee> shall determine the fair
3-61 market price of all products and services manufactured or provided
3-62 by <blind or other severely disabled> persons with disabilities and
3-63 offered for sale to the various agencies and departments of the
3-64 state and its political subdivisions by a community rehabilitation
3-65 program <nonprofit agency for blind or other severely disabled
3-66 persons organized under state law and recognized by the Texas
3-67 Commission for the Blind or the Texas Rehabilitation Commission as
3-68 capable of contributing to the purposes of this chapter>.
3-69 (b) A subcommittee composed of three council <committee>
3-70 members appointed by the presiding officer <chairman> shall review
4-1 the data used to determine fair market price and shall make
4-2 recommendations to the council <committee> concerning fair market
4-3 price for the products and services.
4-4 (c) The council <committee> shall revise the prices
4-5 periodically to reflect changing market conditions.
4-6 (d) <The committee shall make rules regarding designation of
4-7 a central nonprofit agency to facilitate the distribution of orders
4-8 among agencies serving blind or other severely disabled persons and
4-9 regarding other matters related to the state's use of the products
4-10 and services of blind and severely disabled persons.>
4-11 <(e)> Requisitions for products and services required by
4-12 state agencies are processed by the commission <State Purchasing
4-13 and General Services Commission> according to rules established by
4-14 the commission.
4-15 Sec. 122.008 <122.005>. PROCUREMENT AT DETERMINED PRICE. A
4-16 suitable product or service that meets applicable specifications
4-17 established by the state or its political subdivisions and that is
4-18 available within the time specified must be procured from a
4-19 community rehabilitation program <nonprofit agency for blind or
4-20 other severely disabled persons> at the price determined by the
4-21 council <committee> to be the fair market price.
4-22 Sec. 122.009 <122.006>. RECORDS. (a) The records of the
4-23 council <committee> and of a central <any> nonprofit agency
4-24 <participating in this program> shall, to the extent that the
4-25 records pertain specifically to state purchases of the products and
4-26 services of <blind or other severely disabled> persons with
4-27 disabilities, be made available upon request to the inspection of
4-28 representatives of the state auditor, the governor's budget office,
4-29 or the Legislative Budget Board. The inspection of the records
4-30 shall be conducted with due regard to the privacy rights of <blind
4-31 or other severely disabled> persons with disabilities. A document
4-32 that is available for inspection under this subsection is an open
4-33 record for purposes of Chapter 552, Government Code.
4-34 (b) The commission <Texas Commission for the Blind> is the
4-35 depository for all records concerning the council's <committee's>
4-36 operations.
4-37 (c) The council is subject to Chapter 552, Government Code.
4-38 Sec. 122.010 <122.007>. COOPERATION WITH DEPARTMENT OF
4-39 CRIMINAL JUSTICE <CORRECTIONS>. The council <committee> may
4-40 cooperate with the institutional division of the Texas Department
4-41 of Criminal Justice <Corrections> to accomplish the purposes of
4-42 this chapter and to contribute to the economy of state government.
4-43 The council <committee> and the department may enter into
4-44 contractual agreements, cooperative working relationships, or other
4-45 arrangements necessary for effective coordination and the
4-46 realization of the objectives of both entities.
4-47 Sec. 122.011 <122.008>. CORRELATION WITH RELATED FEDERAL
4-48 PROGRAMS. The council <committee> may adopt procedures, practices,
4-49 and standards used for federal programs similar to the state
4-50 program established in this chapter.
4-51 Sec. 122.012 <122.009>. DUTIES OF COMMISSION; INTERAGENCY
4-52 COOPERATION. (a) The commission shall provide legal, clerical,
4-53 administrative, and other necessary support to the council in
4-54 accordance with legislative appropriation.
4-55 (b) State agencies responsible for the provision of
4-56 rehabilitation and related services to <blind or other severely
4-57 disabled> persons with disabilities shall cooperate with the
4-58 council <committee> in the operation of the <this> program. The
4-59 Texas Commission for the Blind, the Texas Rehabilitation
4-60 Commission, and other state human services agencies responsible for
4-61 assisting <disabled> persons with disabilities may, through written
4-62 agreements or interagency contracts, provide space, storage,
4-63 logistical support, consultation, expert services, communications
4-64 services, or financial assistance with respect to any function or
4-65 responsibility of the council <committee>.
4-66 (c) The commission or <However,> a state agency may not
4-67 assume the marketing or <permanent> fiscal responsibility for the
4-68 expense of marketing the products and services of <blind or other
4-69 severely disabled> persons with disabilities under the <this>
4-70 program.
5-1 Sec. 122.013 <122.010>. RULES. (a) The council <committee>
5-2 may adopt rules for the implementation, extension, administration,
5-3 or improvement of the program authorized by this chapter in
5-4 accordance with Chapter 2001, Government Code.
5-5 (b) The commission shall provide legal support to assist the
5-6 council in adopting rules under this section. <Rules adopted under
5-7 this section do not take effect unless approved by the Texas
5-8 Commission for the Blind and the Texas Rehabilitation Commission.>
5-9 Sec. 122.014 <122.011>. PRODUCT SPECIFICATIONS. Except as
5-10 otherwise provided by this section, a product manufactured for sale
5-11 through the commission <State Purchasing and General Services
5-12 Commission> to any office, department, institution, or agency of
5-13 the state under this chapter shall be manufactured or produced
5-14 according to specifications developed by the commission <State
5-15 Purchasing and General Services Commission>. If the commission
5-16 <State Purchasing and General Services Commission> has not adopted
5-17 specifications for a particular product, the production shall be
5-18 based on commercial or federal specifications in current use by
5-19 industry for the manufacture of the product for sale to the state.
5-20 Sec. 122.015 <122.012>. DETERMINATIONS OF FAIR MARKET VALUE.
5-21 (a) In determining the fair market value of products or services
5-22 offered for sale under this chapter, the subcommittee established
5-23 under <by Subsection (b) of> Section 122.007(b) <122.004 of this
5-24 code> and the council <committee> shall give due consideration to
5-25 the following type of factors:
5-26 (1) to the extent applicable, the amounts being paid
5-27 for similar articles in similar quantities by federal agencies
5-28 purchasing the products or services under the authorized federal
5-29 program of like effect to the state program authorized by this
5-30 chapter;
5-31 (2) the amounts which private business would pay for
5-32 similar products or services in similar quantities if purchasing
5-33 from a reputable corporation engaged in the business of selling
5-34 similar products or services;
5-35 (3) to the extent applicable, the amount paid by the
5-36 state in any recent purchases of similar products or services in
5-37 similar quantities, making due allowance for general inflationary
5-38 or deflationary trends;
5-39 (4) the actual cost of manufacturing the product or
5-40 performing a service at a community rehabilitation program
5-41 <sheltered workshop> offering employment services on or off
5-42 premises to <blind or other severely disabled> persons with
5-43 disabilities, with adequate weight to be given to legal and moral
5-44 imperatives to pay <blind or other severely disabled> workers with
5-45 disabilities equitable wages; and
5-46 (5) the usual, customary, and reasonable costs of
5-47 manufacturing, marketing, and distribution.
5-48 (b) The actual cost of manufacturing a product or performing
5-49 a service consists of costs directly associated with a contract and
5-50 includes costs for labor, raw materials used in the production of
5-51 the product, storage, and delivery. Actual costs do not include a
5-52 cost associated with an individual's preparation to perform the
5-53 work activity.
5-54 (c) The fair market value of a product or service,
5-55 determined after consideration of relevant factors of the foregoing
5-56 type, may not be excessive or unreasonable.
5-57 Sec. 122.016 <122.013>. EXCEPTIONS. (a) Exceptions from
5-58 the operation of the mandatory provisions of Section 122.014
5-59 <122.011 of this code> may be made in any case where:
5-60 (1) under the rules of the commission <State
5-61 Purchasing and General Services Commission>, the product or service
5-62 so produced or provided does not meet the reasonable requirements
5-63 of the office, department, institution, or agency; or
5-64 (2) the requisitions made cannot be reasonably
5-65 complied with through provision of products or services produced by
5-66 <blind or other severely disabled> persons with disabilities.
5-67 (b) Each month, the commission <State Purchasing and General
5-68 Services Commission> shall provide the council <committee> with a
5-69 list of all items purchased under the exception provided by
5-70 Subsection (a) of this section. The council <committee> shall
6-1 adopt the form in which the list is to be provided and may require
6-2 the list to include the date of requisition, the type of product or
6-3 service requested, the reason for purchase under the exception, and
6-4 any other information that the council <committee> considers
6-5 relevant to a determination of why the product or service was not
6-6 purchased in accordance with Section 122.014 <122.011 of this
6-7 code>.
6-8 (c) No office, department, institution, or agency may evade
6-9 the intent of this section by slight variations from standards
6-10 adopted by the commission <State Purchasing and General Services
6-11 Commission>, when the products or services produced or provided by
6-12 <blind or other severely disabled> persons with disabilities, in
6-13 accordance with established standards, are reasonably adapted to
6-14 the actual needs of the office, department, institution, or agency.
6-15 Sec. 122.017 <122.014>. PROCUREMENT FOR POLITICAL
6-16 SUBDIVISIONS. A product manufactured for sale to a political
6-17 subdivision of this state or an office or department thereof shall
6-18 be manufactured or produced according to specifications developed
6-19 by the purchaser. A political subdivision of this state may
6-20 purchase products or services for its use from private businesses
6-21 through its authorized purchasing procedures, but may substitute
6-22 equivalent products or services produced by <blind or other
6-23 severely disabled> persons with disabilities under the provisions
6-24 of this chapter. Nothing in this chapter shall be construed to
6-25 require a nonprofit agency for <blind or other severely disabled>
6-26 persons with disabilities to engage in competitive bidding.
6-27 Sec. 122.018 <122.015>. POLITICAL SUBDIVISIONS EXCLUDED.
6-28 There are excluded from the mandatory application of this chapter
6-29 the political subdivisions of the state that are not covered by
6-30 Title V of the Federal Rehabilitation Act of 1973, as amended (29
6-31 U.S. Code Sections 790 through 794). This chapter does not
6-32 prohibit a political subdivision from acting as a willing buyer
6-33 outside a bid system. <Nothing in this chapter shall be construed
6-34 as limiting blind or other severely disabled persons in their
6-35 capacity to sell their products to any willing buyer.>
6-36 Sec. 122.019 <122.016>. CENTRAL NONPROFIT AGENCY <BUDGET
6-37 REQUEST>. (a) The council shall contract with a central nonprofit
6-38 agency to:
6-39 (1) recruit and assist community rehabilitation
6-40 programs in developing and submitting applications for the
6-41 selection of suitable products and services;
6-42 (2) facilitate the distribution of orders among
6-43 community rehabilitation programs;
6-44 (3) manage and coordinate the day-to-day operation of
6-45 the program, including the general administration of contracts with
6-46 community rehabilitation programs; and
6-47 (4) promote increased supported employment
6-48 opportunities for persons with disabilities. <Annually, any
6-49 nonprofit agency for the blind or other severely disabled persons
6-50 that desires funds shall submit to the committee a budget request
6-51 based on its participation in the program established under this
6-52 chapter.>
6-53 (b) The services of a central nonprofit agency may include
6-54 marketing and marketing support services, such as:
6-55 (1) assistance to community rehabilitation programs
6-56 regarding solicitation and negotiation of contracts;
6-57 (2) direct marketing of products and services to
6-58 consumers;
6-59 (3) research and development of products and services;
6-60 (4) public relations activities to promote the
6-61 program;
6-62 (5) customer relations;
6-63 (6) education and training;
6-64 (7) accounting services related to purchase orders,
6-65 invoices, and payments to community rehabilitation programs; and
6-66 (8) other duties designated by the council. <The
6-67 agency shall base its budget request on the amount of funds
6-68 necessary to accomplish certain objectives developed by the
6-69 agency's director.>
6-70 (c) Each year, the council shall review services provided by
7-1 a central nonprofit agency and the revenues required to accomplish
7-2 the program to determine whether each agency's performance complies
7-3 with contractual specifications. Not later than the 60th day
7-4 before the review, the council shall publish in the Texas Register
7-5 a request for comment on the services of a central nonprofit agency
7-6 that participates in community rehabilitation programs. <The
7-7 agency shall develop the budget request in conjunction with the
7-8 management of workshops in which blind or other severely disabled
7-9 persons work.>
7-10 (d) At least once during each two-year period, the council
7-11 shall review and renegotiate the contract with a central nonprofit
7-12 agency. Not later than the 60th day before the date the council
7-13 adopts or renews a contract, the council shall publish notice of
7-14 the proposed contract in the Texas Register. <The committee shall
7-15 review budget requests and may allow, disallow, or modify them.>
7-16 (e) The maximum management fee rate charged by a central
7-17 nonprofit agency for its services must be computed as a percentage
7-18 of the selling price of the product or the contract price of a
7-19 service, must be included in the selling price or contract price,
7-20 and must be paid at the time of sale. The management fee rate must
7-21 be approved by the council.
7-22 (f) A percentage of the management fee described by
7-23 Subsection (e) shall be paid to the council and is subject to
7-24 Section 122.023. The percentage shall be set by the council in
7-25 the amount necessary to reimburse the general revenue fund for
7-26 direct and reasonable costs incurred by the commission in
7-27 administering its duties under this chapter.
7-28 Sec. 122.020 <122.017>. CONSUMER INFORMATION; COMPLAINTS.
7-29 (a) The council <committee> shall prepare information of consumer
7-30 interest describing the activities of the council <committee> and
7-31 describing the council's <committee's> procedures by which consumer
7-32 complaints are filed with and resolved by the council <committee>.
7-33 The council <committee> shall make the information available to the
7-34 general public and appropriate state agencies.
7-35 (b) The council <committee> shall keep an information file
7-36 about each complaint filed with the council <committee> relating to
7-37 a product or service offered by a community rehabilitation program
7-38 <the workshops>.
7-39 (c) If a written complaint is filed with the council
7-40 <committee> relating to a product or service offered by a community
7-41 rehabilitation program <workshop>, the council <committee>, at
7-42 least as frequently as quarterly and until final disposition of the
7-43 complaint, shall notify the parties to the complaint of the status
7-44 of the complaint unless the notice would jeopardize an undercover
7-45 investigation.
7-46 Sec. 122.021. PUBLIC TESTIMONY AND ACCESS. (a) The council
7-47 shall develop and implement policies that provide the public with a
7-48 reasonable opportunity to appear before the council and to speak on
7-49 any issue under the jurisdiction of the council.
7-50 (b) The council shall comply with federal and state laws
7-51 related to program and facility accessibility. The council shall
7-52 also prepare and maintain a written plan that describes how a
7-53 person who does not speak English can be provided reasonable access
7-54 to the council's programs and services.
7-55 Sec. 122.022 <122.018>. REPORTS. (a) On or before January
7-56 1 of each year, the council <committee> shall file with the
7-57 governor and the presiding officer of each house of the legislature
7-58 a complete and detailed written report accounting for all funds
7-59 received and disbursed by the council <committee> during the
7-60 preceding year. The annual report must meet the reporting
7-61 requirements applicable to financial reporting provided in the
7-62 General Appropriations Act.
7-63 (b) The report submitted under this section shall include:
7-64 (1) the number of <disabled> persons with
7-65 disabilities, according to their type of disability, who are
7-66 employed in community rehabilitation programs <workshops>
7-67 participating in the programs established by this chapter;
7-68 (2) the amount of annual wages paid to a person
7-69 participating in the program;
7-70 (3) a summary of the sale of products offered by a
8-1 community rehabilitation program <workshop>;
8-2 (4) a list of products and services offered by a
8-3 community rehabilitation program <workshop>; and
8-4 (5) the geographic distribution of the community
8-5 rehabilitation programs <workshops>.
8-6 Sec. 122.023. COUNCIL FUNDS. All money paid to the council
8-7 under this chapter is subject to Subchapter F, Chapter 404,
8-8 Government Code.
8-9 Sec. 122.024. STRATEGIC PLAN; FINAL OPERATING PLAN. The
8-10 council shall prepare an agency strategic plan and a final
8-11 operating plan as required by Subchapter E, Chapter 2054,
8-12 Government Code.
8-13 Sec. 122.025 <122.019>. OPEN MEETINGS; ADMINISTRATIVE
8-14 PROCEDURE. The council <committee> is subject to Chapters 551 and
8-15 2001, Government Code <the open meetings law, Chapter 271, Acts of
8-16 the 60th Legislature, Regular Session, 1967, as amended (Article
8-17 6252-17, Vernon's Texas Civil Statutes), and the Administrative
8-18 Procedure and Texas Register Act, as amended (Article 6252-13a,
8-19 Vernon's Texas Civil Statutes)>.
8-20 SECTION 2. The name of the Texas Committee on Purchases of
8-21 Products and Services of Blind and Severely Disabled Persons is
8-22 changed to the Texas Council on Purchasing from People with
8-23 Disabilities. Any reference in the law to the Texas Committee on
8-24 Purchases of Products and Services of Blind and Severely Disabled
8-25 Persons means the Texas Council on Purchasing from People with
8-26 Disabilities.
8-27 SECTION 3. (a) Before using new stationery or other
8-28 supplies printed with the name Texas Council on Purchasing from
8-29 People with Disabilities, as adopted by this Act, the council shall
8-30 use all stationery and other supplies that are printed with the
8-31 council's former name and that are in the council's possession on
8-32 the effective date of this Act.
8-33 (b) An appropriation made to the Texas Committee on
8-34 Purchases of Products and Services of Blind and Severely Disabled
8-35 Persons is available to the council under its name as adopted by
8-36 this Act.
8-37 SECTION 4. (a) The positions of the members of the Texas
8-38 Committee on Purchases of Products and Services of Blind and
8-39 Severely Disabled Persons who are serving on the committee
8-40 immediately before September 1, 1995, are abolished on that date.
8-41 As soon as possible on or after the effective date of this Act, the
8-42 governor shall make the appointments to the Texas Council on
8-43 Purchasing from People with Disabilities.
8-44 (b) In making the initial appointments to the Texas Council
8-45 on Purchasing from People with Disabilities, the governor shall
8-46 appoint three members for terms expiring January 31, 1997, three
8-47 members for terms expiring January 31, 1999, and three members for
8-48 terms expiring January 31, 2001.
8-49 (c) Until all appointees have taken office, a quorum of the
8-50 council is a majority of the number of members who have qualified
8-51 for membership on the council.
8-52 SECTION 5. Not later than January 31, 1996, the Texas
8-53 Commission for the Blind shall transfer to the General Services
8-54 Commission records maintained by the Texas Commission for the Blind
8-55 relating to the operations of the Texas Committee on Purchases of
8-56 Products and Services of Blind and Severely Disabled Persons.
8-57 SECTION 6. An agreement between the Texas Committee on
8-58 Purchases of Products and Services of Blind and Severely Disabled
8-59 Persons and a central nonprofit agency, as defined by Section
8-60 122.002, Human Resources Code, as amended by this Act, may be
8-61 extended until all of the appointments to the Texas Council on
8-62 Purchasing from People with Disabilities have been made and the
8-63 council terminates or renegotiates the agreement.
8-64 SECTION 7. This Act takes effect September 1, 1995.
8-65 SECTION 8. The importance of this legislation and the
8-66 crowded condition of the calendars in both houses create an
8-67 emergency and an imperative public necessity that the
8-68 constitutional rule requiring bills to be read on three several
8-69 days in each house be suspended, and this rule is hereby suspended.
8-70 * * * * *