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.