By: Bernsen S.B. No. 1673
99S0734/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to reports to and responsibilities of the Texas Council on
1-2 Purchasing from People with Disabilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 122.008, Human Resources Code, is amended
1-5 to read as follows:
1-6 Sec. 122.008. PROCUREMENT AT DETERMINED PRICE. A suitable
1-7 product or service that meets applicable specifications established
1-8 by the state or its political subdivisions and that is available
1-9 within the time specified must be procured from a community
1-10 rehabilitation program at the price determined by the council to be
1-11 the fair market price. At the end of each fiscal year, but not
1-12 later than September 30 of the following fiscal year, the head of
1-13 each state agency shall make a written annual report to the council
1-14 of the total set-aside purchases of products and services for the
1-15 respective agency with full explanation for purchasing products and
1-16 services, available under the set-aside program, from some other
1-17 source.
1-18 SECTION 2. Subsections (d) and (e), Section 122.019, Human
1-19 Resources Code, are amended to read as follows:
1-20 (d) At least once during each two-year period, the council
1-21 shall review [and renegotiate] the contract with a central
1-22 nonprofit agency. Following the review, the council may:
1-23 (1) approve the performance of the central nonprofit
1-24 agency and renegotiate the contract with the central nonprofit
2-1 agency, provided that not [Not] later than the 60th day before the
2-2 date the council adopts [or renews] a renegotiated contract, the
2-3 council shall publish notice of the proposed contract in the Texas
2-4 Register; or
2-5 (2) use a competitive process using the best value
2-6 standard set forth in Section 2155.074, Government Code, as
2-7 recommended by the commission, to obtain a new contract with a
2-8 central nonprofit agency, provided that not later than the 60th day
2-9 before the council approves a new contract with a central nonprofit
2-10 agency the council shall publish notice of the proposed contract in
2-11 the Texas Register; notwithstanding any other law, when the
2-12 competitive process is used, the council is exempted from reviewing
2-13 proposals received under an approved request for proposal (RFP)
2-14 process in a public meeting.
2-15 (e) The maximum management fee rate charged by a central
2-16 nonprofit agency for its services must be computed as a percentage
2-17 of the selling price of the product or the contract price of a
2-18 service, must be included in the selling price or contract price,
2-19 and must be paid at the time of the sale. The management fee rate
2-20 and the calculation method for adding the management fee onto the
2-21 total price offered by the community rehabilitation program must be
2-22 approved by the council.
2-23 SECTION 3. Subsection (b), Section 122.022, Human Resources
2-24 Code, is amended to read as follows:
2-25 (b) The report submitted under this section shall include:
2-26 (1) the number of persons with disabilities, according
3-1 to their type of disability, who are employed in community
3-2 rehabilitation programs participating in the programs established
3-3 by this chapter;
3-4 (2) the amount of annual wages paid to a person
3-5 participating in the program;
3-6 (3) a summary of the sale of products offered by a
3-7 community rehabilitation program;
3-8 (4) a list of products and services offered by a
3-9 community rehabilitation program; [and]
3-10 (5) the geographic distribution of the community
3-11 rehabilitation programs; and
3-12 (6) a synthesis of the annual reports on set-aside
3-13 purchases received by the council from the heads of state agencies.
3-14 SECTION 4. This Act takes effect September 1, 1999.
3-15 SECTION 5. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.