By Maxey, Naishtat, Danburg                           H.B. No. 2624
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Texas Council on Purchasing from People with
 1-3     Disabilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 122.008, Human Resources Code, is amended
 1-6     to read as follows:
 1-7           Sec. 122.008.  PROCUREMENT AT DETERMINED PRICE.  (a)  A
 1-8     suitable product or service that meets applicable specifications
 1-9     established by the state or its political subdivisions and that is
1-10     available within the time specified must be procured from a
1-11     community rehabilitation program at the price determined by the
1-12     council to be the fair market price.
1-13           (b)  Not later than September 30 of each year, the head of
1-14     each state agency shall report to the council in writing with
1-15     regard to the agency's purchases during the preceding fiscal year:
1-16                 (1)  the total number and dollar amount of purchases
1-17     made by the agency under this section; and
1-18                 (2)  a complete explanation of the reasons for a
1-19     purchase by the agency from another source of any product or
1-20     service that was available under this section.
1-21           SECTION 2.  Section 122.019, Human Resources Code, is amended
1-22     by amending Subsections (d) and (e) and adding Subsection (g) to
1-23     read as follows:
1-24           (d)  At least once during each five-year [two-year] period,
 2-1     the council shall review [and renegotiate] the contract with a
 2-2     central nonprofit agency.  Not later than the 60th day before the
 2-3     date the council adopts or renews a contract under Subdivision (1)
 2-4     or (2), the council shall publish notice of the proposed contract
 2-5     in the Texas  Register.  Following the review of an existing
 2-6     contract with a central nonprofit agency, the council may:
 2-7                 (1)  approve the performance of the central nonprofit
 2-8     agency under the contract and renegotiate the contract with the
 2-9     central nonprofit agency; or
2-10                 (2)  enter into a new contract, with the current
2-11     central nonprofit agency or with a different entity, by using
2-12     competitive sealed proposals in accordance with Subtitle D, Title
2-13     10, Government Code.
2-14           (e)  The maximum management fee rate charged by a central
2-15     nonprofit agency for its services must be computed as a percentage
2-16     of the selling price of the product or the contract price of a
2-17     service, must be included in the selling price or contract price,
2-18     and must be paid at the time of sale.  The management fee rate and
2-19     the computational method for including the management fee rate in
2-20     the selling price or contract price  must be approved by the
2-21     council.
2-22           (g)  The council may review a proposal in a closed meeting
2-23     when the council is using the competitive sealed proposals method
2-24     to enter into a  contract under Subsection (d)(2).
2-25           SECTION 3.  Section 122.022(b), Human Resources Code, is
2-26     amended to read as follows:
2-27           (b)  The report submitted under this section must [shall]
 3-1     include:
 3-2                 (1)  the number of persons with disabilities, according
 3-3     to their type of disability, who are employed in community
 3-4     rehabilitation programs participating in the programs established
 3-5     by this chapter;
 3-6                 (2)  the amount of annual wages paid to a person
 3-7     participating in the program;
 3-8                 (3)  a summary of the sale of products offered by a
 3-9     community rehabilitation program;
3-10                 (4)  a list of products and services offered by a
3-11     community rehabilitation program;  [and]
3-12                 (5)  the geographic distribution of the community
3-13     rehabilitation programs; and
3-14                 (6)  a compilation of the amount and number of
3-15     purchases and a summary of the explanations contained in reports
3-16     received by the council under Section 122.008(b).
3-17           SECTION 4.  This Act takes effect September 1, 1999.
3-18           SECTION 5.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended.