76R10177 JRD-F
By Maxey, Naishtat H.B. No. 2624
Substitute the following for H.B. No. 2624:
By Naishtat C.S.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 two-year period, the council
2-1 shall review [and renegotiate] the contract with a central
2-2 nonprofit agency. Not later than the 60th day before the date the
2-3 council adopts or renews a contract under Subdivision (1) or (2),
2-4 the council shall publish notice of the proposed contract in the
2-5 Texas Register. Following the review of an existing contract with
2-6 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 in accordance with
2-11 Subtitle D, Title 10, Government Code, using competitive bidding or
2-12 competitive sealed proposals, as determined by the commission.
2-13 (e) The maximum management fee rate charged by a central
2-14 nonprofit agency for its services must be computed as a percentage
2-15 of the selling price of the product or the contract price of a
2-16 service, must be included in the selling price or contract price,
2-17 and must be paid at the time of sale. The management fee rate and
2-18 the computational method for including the management fee rate in
2-19 the selling price or contract price must be approved by the
2-20 council.
2-21 (g) The council may review a proposal in a closed meeting
2-22 when the council is using the competitive sealed proposals method
2-23 to enter into a contract under Subsection (d)(2).
2-24 SECTION 3. Section 122.022(b), Human Resources Code, is
2-25 amended to read as follows:
2-26 (b) The report submitted under this section must [shall]
2-27 include:
3-1 (1) the number of persons with disabilities, according
3-2 to their type of disability, who are employed in community
3-3 rehabilitation programs participating in the programs established
3-4 by this chapter;
3-5 (2) the amount of annual wages paid to a person
3-6 participating in the program;
3-7 (3) a summary of the sale of products offered by a
3-8 community rehabilitation program;
3-9 (4) a list of products and services offered by a
3-10 community rehabilitation program; [and]
3-11 (5) the geographic distribution of the community
3-12 rehabilitation programs; and
3-13 (6) a compilation of the amount and number of
3-14 purchases and a summary of the explanations contained in reports
3-15 received by the council under Section 122.008(b).
3-16 SECTION 4. This Act takes effect September 1, 1999.
3-17 SECTION 5. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.