By: Shapiro S.B. No. 1828
A BILL TO BE ENTITLED
AN ACT
1-1 relating to government purchasing from people with disabilities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 122, Human Resources Code, is transferred
1-4 to Subtitle D, Title 10, Government Code, redesignated as Chapter
1-5 2163, Government Code, and amended to read as follows:
1-6 CHAPTER 2163 [122]. TEXAS COUNCIL ON PURCHASING FROM PEOPLE
1-7 WITH DISABILITIES
1-8 Sec. 2163.001 [122.001]. Purpose. The purpose of this
1-9 chapter is to further the state's policy of encouraging and
1-10 assisting persons with disabilities to achieve maximum personal
1-11 independence by engaging in useful and productive employment
1-12 activities through the production of goods and services sold to
1-13 [and, in addition, to provide] state agencies, departments, and
1-14 institutions and political subdivisions of the state [with a method
1-15 for achieving conformity with requirements of nondiscrimination and
1-16 affirmative action in employment matters related to persons with
1-17 disabilities].
1-18 Sec. 2163.002 [122.002]. Definitions. In this chapter:
1-19 (1) "Central nonprofit agency" means an agency
1-20 designated as the [a] central nonprofit agency under an agreement
1-21 [contract] under Section 2163.018 [122.019].
1-22 (2) "Committee" means the Committee of Community
1-23 Rehabilitation Programs ["Commission" means the General Services
1-24 Commission].
2-1 (3) "Community rehabilitation program" means a
2-2 government or nonprofit private program operated under criteria
2-3 established by the council and under which persons with severe
2-4 disabilities produce products or perform services for compensation.
2-5 (4) "Council" means the Texas Council on Purchasing
2-6 from People with Disabilities.
2-7 (5) "Disability" means a mental or physical
2-8 impairment, including blindness, that impedes a person who is
2-9 seeking, entering, or maintaining gainful employment.
2-10 Sec. 2163.003 [122.003]. Texas Council on Purchasing from
2-11 People with Disabilities. (a) The Texas Council on Purchasing
2-12 from People with Disabilities is composed of the following members,
2-13 with the private citizen members [who are] appointed by the
2-14 governor with the advice and consent of the senate:
2-15 (1) five [three] private citizens conversant with the
2-16 employment needs of persons with disabilities, including blindness,
2-17 and with current experience in the pricing and marketing of goods
2-18 and services; and
2-19 (2) the executive director of the commission or the
2-20 executive director's designee, who serves as a nonvoting ex officio
2-21 member [three representatives of community rehabilitation programs
2-22 that represent different disability groups, including persons with
2-23 blindness, and that provide or seek to provide products produced or
2-24 services performed by persons with disabilities; and]
2-25 [(3) three representatives of state agencies or
2-26 political subdivisions that purchase a significant amount of
3-1 products produced or services performed by persons with
3-2 disabilities].
3-3 (b) Appointed members [Members] of the council serve
3-4 staggered terms of six years with the terms of one member [three
3-5 members] expiring on January 31 of each odd-numbered year. Members
3-6 may not receive compensation for their service on the council, but
3-7 they are entitled to reimbursement for actual and necessary
3-8 expenses incurred in performing their duties as members.
3-9 (c) The governor shall select one of the council members to
3-10 serve as presiding officer.
3-11 (d) A person is not eligible for appointment as a member of
3-12 the council under Subsection (a)(1) if the person or the person's
3-13 spouse:
3-14 (1) is employed by or participates in the management
3-15 of, or during the three years preceding appointment has been
3-16 employed by or participated in the management of, a central
3-17 nonprofit agency, a community rehabilitation program, a purchasing
3-18 agency, or another organization receiving funds from or doing
3-19 business with the council;
3-20 (2) owns or controls, directly or indirectly, more
3-21 than a 10 percent interest in a central nonprofit agency, a
3-22 community rehabilitation program, or another organization receiving
3-23 funds from or doing business with the council; or
3-24 (3) uses or receives a substantial amount of tangible
3-25 goods, services, or funds from the council, a central nonprofit
3-26 agency, or a community rehabilitation program, other than
4-1 reimbursement authorized by law for council membership, attendance,
4-2 or expenses.
4-3 (e) A person may not serve as a member of the council if the
4-4 person is required to register as a lobbyist under Chapter 305[,
4-5 Government Code,] because of the person's activities for
4-6 compensation on behalf of a profession related to the operation of
4-7 the council.
4-8 (f) Appointments to the council shall be made without regard
4-9 to the race, creed, sex, disability, age, religion, or national
4-10 origin of the appointees.
4-11 (g) It is a ground for removal from the council if a member:
4-12 (1) does not have at the time of appointment the
4-13 qualifications required by Subsection (a) [of this section] for
4-14 appointment to the council;
4-15 (2) does not maintain during the service on the
4-16 council the qualifications required by Subsection (a) [of this
4-17 section] for appointment to the council;
4-18 (3) violates a prohibition established by Subsection
4-19 (d) or (e) [of this section];
4-20 (4) cannot because of illness or disability discharge
4-21 the member's duties for a substantial part of the term for which
4-22 the member is appointed; or
4-23 (5) is absent from more than half of the regularly
4-24 scheduled council meetings that the member is eligible to attend
4-25 during a calendar year unless the absence is excused by majority
4-26 vote of the council.
5-1 (h) The validity of an action of the council is not affected
5-2 by the fact that it was taken when a ground for removal of a member
5-3 of the council existed.
5-4 (i) If the executive director of the commission has
5-5 knowledge that a potential ground for removal exists, the executive
5-6 director shall notify the presiding officer of the council of the
5-7 potential ground. If the presiding officer is notified under this
5-8 section, or if the presiding officer has knowledge that a potential
5-9 ground for removal exists, the presiding officer shall notify the
5-10 governor and the attorney general that a potential ground for
5-11 removal exists. If the potential ground for removal involves the
5-12 presiding officer, the executive director shall notify the next
5-13 highest officer of the council, who shall notify the governor and
5-14 the attorney general that a potential ground for removal exists.
5-15 (j) The council may establish criteria for recognition and
5-16 approval of community rehabilitation programs. [The council may:]
5-17 [(1) recognize a program that maintains accreditation
5-18 by a nationally accepted vocational rehabilitation accrediting
5-19 organization; and]
5-20 [(2) approve community rehabilitation program services
5-21 that have been approved for purchase by a state habilitation or
5-22 rehabilitation agency.]
5-23 Sec. 2163.004 [122.004]. Information Relating to Standards
5-24 of Conduct. The presiding officer of the council or the presiding
5-25 officer's designee shall provide to members of the council, as
5-26 often as necessary, information regarding their qualification for
6-1 office under this chapter and their responsibilities under
6-2 applicable laws relating to standards of conduct for state
6-3 officers.
6-4 Sec. 2163.005 [122.005]. Member Training. (a) Before an
6-5 appointed [a] member of the council may assume the member's duties
6-6 and before the member may be confirmed by the senate, the member
6-7 must complete at least one course of the training program
6-8 established under this section.
6-9 (b) A training program established under this section shall
6-10 provide information to the member regarding:
6-11 (1) this chapter;
6-12 (2) the programs operated by the council and the
6-13 operations of the central nonprofit agency and community
6-14 rehabilitation programs;
6-15 (3) the role and functions of the council and
6-16 commission;
6-17 (4) the current budget for the council;
6-18 (5) the results of the most recent formal audit of the
6-19 council;
6-20 (6) the requirements of the:
6-21 (A) open meetings law, Chapter 551[, Government
6-22 Code];
6-23 (B) open records law, Chapter 552[, Government
6-24 Code]; and
6-25 (C) administrative procedure law, Chapter 2001[,
6-26 Government Code];
7-1 (7) the requirements of the conflict of interest laws
7-2 and other laws relating to public officials; and
7-3 (8) any applicable ethics policies adopted by the
7-4 council or the Texas Ethics Commission.
7-5 Sec. 2163.006 [122.006]. Sunset Provision. The Texas
7-6 Council on Purchasing from People with Disabilities is subject to
7-7 Chapter 325[, Government Code] (Texas Sunset Act). Unless
7-8 continued in existence as provided by that chapter, the council is
7-9 abolished and this chapter expires September 1, 2003.
7-10 Sec. 2163.007 [122.007]. GENERAL DUTIES OF COUNCIL [FAIR
7-11 MARKET PRICE; PURCHASING PROCEDURES]. (a) The council shall
7-12 determine the fair market price of all products and services
7-13 manufactured or provided by persons with disabilities and offered
7-14 for sale to the various agencies and departments of the state and
7-15 its political subdivisions by a community rehabilitation program.
7-16 The council shall ensure that the products and services offered for
7-17 sale offer the best value for the state or a political subdivision.
7-18 (b) The central nonprofit agency [A subcommittee composed of
7-19 three council members appointed by the presiding officer] shall
7-20 review the data used to determine fair market price and shall make
7-21 recommendations to the council concerning fair market price for the
7-22 products and services and offering the best value to customers.
7-23 (c) The council shall revise the prices periodically to
7-24 reflect changing market conditions.
7-25 (d) The council shall provide for the expansion and
7-26 promotion of employment opportunities for people with disabilities.
8-1 (e) The council may provide for receiving independent legal
8-2 advice.
8-3 Sec. 2163.008. GENERAL PURCHASING PROCEDURES; MANDATORY
8-4 PROCUREMENT AT DETERMINED PRICE. (a) Before offering for sale
8-5 products and services manufactured or provided by persons with
8-6 disabilities to state agencies and political subdivisions, the
8-7 council shall test the goods and services in accordance with
8-8 Section 2155.069[, Government Code,] to the extent necessary to
8-9 ensure quality. The council may enter into a contract with a
8-10 private or public entity to assist with testing. The commission
8-11 shall make awards under this section based on proposed goods and
8-12 services meeting formal state specifications, if applicable,
8-13 developed by the commission or the procuring agency or meeting
8-14 commercial specifications, if applicable, approved by the
8-15 commission or the procuring agency.
8-16 (b) [(e)] Requisitions for products and services required by
8-17 state agencies are processed by the commission or by the procuring
8-18 state agency, as applicable, according to rules established by the
8-19 commission.
8-20 (c) [Sec. 122.008. PROCUREMENT AT DETERMINED PRICE.] A
8-21 suitable product or service that meets applicable specifications
8-22 established by the state or its political subdivisions and that is
8-23 available within the time specified must be procured from the
8-24 central nonprofit agency [a community rehabilitation program] at
8-25 the price determined by the council to be the fair market price.
8-26 Sec. 2163.009 [122.009]. Records. (a) The council is
9-1 subject to Chapter 552. [The records of the council and of a
9-2 central nonprofit agency shall, to the extent that the records
9-3 pertain specifically to state purchases of the products and
9-4 services of persons with disabilities, be made available upon
9-5 request to the inspection of representatives of the state auditor,
9-6 the governor's budget office, or the Legislative Budget Board.]
9-7 The inspection of the records of the council shall be conducted
9-8 with due regard to the privacy rights of persons with disabilities.
9-9 [A document that is available for inspection under this subsection
9-10 is an open record for purposes of Chapter 552, Government Code.]
9-11 (b) The commission is the depository for all records
9-12 concerning the council's operations.
9-13 [(c) The council is subject to Chapter 552, Government
9-14 Code.]
9-15 Sec. 2163.010 [122.010]. Cooperation with Department of
9-16 Criminal Justice. The council may cooperate with the institutional
9-17 division of the Texas Department of Criminal Justice to accomplish
9-18 the purposes of this chapter and to contribute to the economy of
9-19 state government. The council and the department may enter into
9-20 contractual agreements, cooperative working relationships, or other
9-21 arrangements necessary for effective coordination and the
9-22 realization of the objectives of both entities.
9-23 Sec. 2163.011 [122.011]. Correlation with Related Federal
9-24 Programs. The council may adopt procedures, practices, and
9-25 standards used for federal programs similar to the state program
9-26 established in this chapter.
10-1 Sec. 2163.012 [122.012]. DUTIES OF COMMISSION; INDEPENDENT
10-2 MANAGEMENT [INTERAGENCY COOPERATION]. (a) The commission shall
10-3 provide [legal,] clerical, administrative, and other necessary
10-4 logistical support to the council and the committee [in accordance
10-5 with legislative appropriation].
10-6 (b) [State agencies responsible for the provision of
10-7 rehabilitation and related services to persons with disabilities
10-8 shall cooperate with the council in the operation of the program.
10-9 The Texas Commission for the Blind, the Texas Rehabilitation
10-10 Commission, and other state human services agencies responsible for
10-11 assisting persons with disabilities may, through written agreements
10-12 or interagency contracts, provide space, storage, logistical
10-13 support, consultation, expert services, communications services, or
10-14 financial assistance with respect to any function or responsibility
10-15 of the council.]
10-16 [(c)] The commission, the council, the committee, or a state
10-17 agency may not assume the marketing or fiscal responsibility of the
10-18 central nonprofit agency for the expense of marketing the products
10-19 and services of persons with disabilities under the program or
10-20 manage the daily operations of the central nonprofit agency.
10-21 Sec. 2163.013 [122.013]. Rules. [(a)] The council may
10-22 adopt rules for the implementation, extension, administration, or
10-23 improvement of the program authorized by this chapter in accordance
10-24 with Chapter 2001[, Government Code].
10-25 [(b) The commission shall provide legal support to assist
10-26 the council in adopting rules under this section.]
11-1 Sec. 2163.014 [122.014]. Product Specifications. Except as
11-2 otherwise provided by this section, a product manufactured for sale
11-3 either through the commission or directly to any office,
11-4 department, institution, or agency of the state under this chapter
11-5 shall be manufactured or produced according to specifications
11-6 developed by the commission or other agency if specifications are
11-7 required for the product. If the commission or other agency has
11-8 not adopted specifications for a particular product and
11-9 specifications are required for the product, the production shall
11-10 be based on commercial or federal specifications in current use by
11-11 industry for the manufacture of the product for sale to the state.
11-12 Sec. 2163.015 [122.015]. Determinations of Fair Market
11-13 Value. (a) In determining the fair market value of products or
11-14 services offered for sale under this chapter, [the subcommittee
11-15 established under Section 122.007(b) and] the council shall give
11-16 due consideration to the following type of factors:
11-17 (1) to the extent applicable, the amounts being paid
11-18 for similar articles in similar quantities by federal agencies
11-19 purchasing the products or services under the authorized federal
11-20 program of like effect to the state program authorized by this
11-21 chapter;
11-22 (2) the amounts which private business would pay for
11-23 similar products or services in similar quantities if purchasing
11-24 from a reputable corporation engaged in the business of selling
11-25 similar products or services;
11-26 (3) to the extent applicable, the amount paid by the
12-1 state in any recent purchases of similar products or services in
12-2 similar quantities, making due allowance for general inflationary
12-3 or deflationary trends;
12-4 (4) the actual cost of manufacturing the product or
12-5 performing a service at a community rehabilitation program offering
12-6 employment services on or off premises to persons with
12-7 disabilities, with adequate weight to be given to legal and moral
12-8 imperatives to pay workers with disabilities equitable wages; and
12-9 (5) the usual, customary, and reasonable costs of
12-10 manufacturing, marketing, and distribution.
12-11 (b) The fair market value of a service that may be acquired
12-12 through negotiation is the negotiated price [actual cost of
12-13 manufacturing a product or performing a service consists of costs
12-14 directly associated with a contract and includes costs for labor,
12-15 raw materials used in the production of the product, storage, and
12-16 delivery. Actual costs do not include a cost associated with an
12-17 individual's preparation to perform the work activity].
12-18 (c) The fair market value of a product or service,
12-19 determined after consideration of relevant factors of the foregoing
12-20 type, may not be excessive or unreasonable.
12-21 Sec. 2163.016. DEVELOPMENT OF SPECIFICATIONS [122.016.
12-22 EXCEPTIONS]. [(a) Exceptions from the operation of the mandatory
12-23 provisions of Section 122.014 may be made in any case where:]
12-24 [(1) under the rules of the commission, the product or
12-25 service so produced or provided does not meet the reasonable
12-26 requirements of the office, department, institution, or agency; or]
13-1 [(2) the requisitions made cannot be reasonably
13-2 complied with through provision of products or services produced by
13-3 persons with disabilities.]
13-4 [(b) Each month, the commission shall provide the council
13-5 with a list of all items purchased under the exception provided by
13-6 Subsection (a) of this section. The council shall adopt the form
13-7 in which the list is to be provided and may require the list to
13-8 include the date of requisition, the type of product or service
13-9 requested, the reason for purchase under the exception, and any
13-10 other information that the council considers relevant to a
13-11 determination of why the product or service was not purchased in
13-12 accordance with Section 122.014.]
13-13 [(c)] No office, department, institution, or agency may
13-14 evade the intent of this section by slight variations from
13-15 standards adopted by the commission, when the products or services
13-16 produced or provided by persons with disabilities, in accordance
13-17 with established commission standards, are reasonably adapted to
13-18 the actual needs of the office, department, institution, or agency.
13-19 Sec. 2163.017 [122.017]. Procurement for Political
13-20 Subdivisions. If specifications are required, a [A] product
13-21 manufactured for sale to a political subdivision of this state or
13-22 an office or department of a political subdivision [thereof] shall
13-23 be manufactured or produced according to specifications developed
13-24 by the purchaser. A political subdivision of this state may
13-25 purchase products or services for its use from private businesses
13-26 through its authorized purchasing procedures, but may also, without
14-1 requesting competitive bids or proposals from any person,
14-2 substitute equivalent products or services produced by persons with
14-3 disabilities under the provisions of this chapter. [Nothing in
14-4 this chapter shall be construed to require a nonprofit agency for
14-5 persons with disabilities to engage in competitive bidding.]
14-6 [Sec. 122.018. POLITICAL SUBDIVISIONS EXCLUDED. There are
14-7 excluded from the mandatory application of this chapter the
14-8 political subdivisions of the state that are not covered by Title V
14-9 of the Federal Rehabilitation Act of 1973, as amended (29 U.S. Code
14-10 Sections 790 through 794). This chapter does not prohibit a
14-11 political subdivision from acting as a willing buyer outside a bid
14-12 system.]
14-13 Sec. 2163.018 [122.019]. CENTRAL NONPROFIT AGENCY. (a) The
14-14 council shall enter into an agreement [contract] with the [a]
14-15 central nonprofit agency to:
14-16 (1) recruit and assist community rehabilitation
14-17 programs in developing and submitting applications for the
14-18 selection of suitable products and services;
14-19 (2) facilitate the distribution of orders among
14-20 community rehabilitation programs;
14-21 (3) manage and coordinate the day-to-day operation of
14-22 the program, including the general administration of contracts with
14-23 community rehabilitation programs; and
14-24 (4) promote increased supported employment
14-25 opportunities for persons with disabilities.
14-26 (b) The services of the [a] central nonprofit agency shall
15-1 [may] include necessary marketing and marketing support services,
15-2 such as:
15-3 (1) assistance to community rehabilitation programs
15-4 regarding solicitation and negotiation of contracts;
15-5 (2) direct marketing of products and services to
15-6 consumers;
15-7 (3) research and development of products and services;
15-8 (4) public relations activities to promote the
15-9 program;
15-10 (5) customer relations;
15-11 (6) education and training;
15-12 (7) accounting services related to purchase orders,
15-13 invoices, and payments to community rehabilitation programs; and
15-14 (8) other duties designated by the council.
15-15 (c) At least once during each five-year period [Each year],
15-16 the council shall review services provided by the [a] central
15-17 nonprofit agency and [the revenues required to accomplish the
15-18 program to determine whether each agency's performance complies
15-19 with contractual specifications. Not later than the 60th day
15-20 before the review, the council shall publish in the Texas Register
15-21 a request for comment on the services of a central nonprofit agency
15-22 that participates in community rehabilitation programs.]
15-23 [(d) At least once during each two-year period, the council
15-24 shall review and] renegotiate the agreement [contract] with the [a]
15-25 central nonprofit agency. The renegotiated agreement must include
15-26 the additional duties that the council requests from the central
16-1 nonprofit agency. Not later than the 60th day before the date the
16-2 council [adopts or] renews an agreement [a contract], the council
16-3 shall publish notice of the proposed agreement [contract] in the
16-4 Texas Register.
16-5 (d) [(e)] The maximum management fee rate charged by the [a]
16-6 central nonprofit agency for its services must be computed as a
16-7 percentage of the selling price of the product or the contract
16-8 price of a service, must be included in the selling price or
16-9 contract price, [and] must be paid at the time of sale, and may not
16-10 exceed six percent unless[. The management fee rate must be]
16-11 approved by the council. The management fee rate and the
16-12 computational method for including the management fee rate in the
16-13 selling price or contract price must be approved by the council.
16-14 (e) [(f)] A percentage of the management fee described by
16-15 Subsection (d) [(e)] shall be paid to the council [and is subject
16-16 to Section 122.023]. The percentage shall be set by the council in
16-17 the amount necessary to reimburse the general revenue fund for
16-18 direct and reasonable costs incurred by the commission and council
16-19 in administering [its] duties under this chapter.
16-20 (f) If the established central nonprofit agency ceases
16-21 operations under this chapter or breaches the agreement, the
16-22 council may select an alternate central nonprofit agency to manage
16-23 the program, while preserving the property rights of the former
16-24 central nonprofit agency in its established business, contracts,
16-25 records, and programs. The alternate central nonprofit agency may
16-26 be chosen through a competitive application process, such as
17-1 through the use of competitive sealed proposals, under which the
17-2 council considers the qualifications of each applicant to perform
17-3 the required duties.
17-4 Sec. 2163.019 [122.020]. CONSUMER INFORMATION; COMPLAINTS.
17-5 (a) The council or central nonprofit agency shall prepare
17-6 information of consumer interest describing the activities of the
17-7 council and describing the council's procedures by which consumer
17-8 complaints are filed with and resolved by the council. The council
17-9 shall make the information available to the general public and
17-10 appropriate state agencies.
17-11 (b) The council and central nonprofit agency shall keep an
17-12 information file about each complaint filed with the entity
17-13 [council] relating to a product or service offered by a community
17-14 rehabilitation program.
17-15 (c) If a written complaint is filed with the council
17-16 relating to a product or service offered by a community
17-17 rehabilitation program, the council, at least as frequently as
17-18 quarterly and until final disposition of the complaint, shall
17-19 notify the parties to the complaint of the status of the complaint
17-20 unless the notice would jeopardize an undercover investigation.
17-21 Sec. 2163.020 [122.021]. PUBLIC TESTIMONY AND ACCESS. (a)
17-22 The council shall develop and implement policies that provide the
17-23 public with a reasonable opportunity to appear before the council
17-24 and to speak on any issue under the jurisdiction of the council.
17-25 (b) The council shall comply with federal and state laws
17-26 related to program and facility accessibility. The council shall
18-1 also prepare and maintain a written plan that describes how a
18-2 person who does not speak English can be provided reasonable access
18-3 to the council's programs and services.
18-4 Sec. 2163.021 [122.022]. REPORTS. (a) On or before
18-5 November 1 of each year, the council shall file with the governor
18-6 and the presiding officer of each house of the legislature a
18-7 complete and detailed written report accounting for all sales of
18-8 goods and services under this chapter and all wages paid to people
18-9 with disabilities under this chapter [funds received and disbursed
18-10 by the council] during the preceding state fiscal year. The
18-11 central nonprofit agency shall collect and provide to the council
18-12 information needed for the report. [The annual report must meet
18-13 the reporting requirements applicable to financial reporting
18-14 provided in the General Appropriations Act.]
18-15 (b) The report submitted under this section must [shall]
18-16 include:
18-17 (1) the number of persons with disabilities, according
18-18 to their type of disability, who are employed in community
18-19 rehabilitation programs participating in the programs established
18-20 by this chapter;
18-21 (2) the amount of annual wages paid to a person
18-22 participating in the program;
18-23 (3) a summary of the sale of products offered by a
18-24 community rehabilitation program;
18-25 (4) a list of products and services offered by a
18-26 community rehabilitation program; and
19-1 (5) the geographic distribution of the community
19-2 rehabilitation programs.
19-3 Sec. 2163.022 [122.023]. COUNCIL FUNDS. All money paid to
19-4 the council under this chapter is subject to Subchapter F, Chapter
19-5 404[, Government Code].
19-6 Sec. 2163.023 [122.024]. STRATEGIC PLAN; FINAL OPERATING
19-7 PLAN. The council shall prepare an agency strategic plan and a
19-8 final operating plan as required by Subchapter E, Chapter 2054[,
19-9 Government Code].
19-10 Sec. 2163.024 [122.025]. OPEN MEETINGS; ADMINISTRATIVE
19-11 PROCEDURE. The council is subject to Chapters 551 and 2001[,
19-12 Government Code].
19-13 Sec. 2163.025 [122.026]. APPLICATION OF OTHER LAW. Chapters
19-14 252, 262, and 271, Local Government Code, do not supersede this
19-15 chapter.
19-16 Sec. 2163.026. COMMITTEE OF COMMUNITY REHABILITATION
19-17 PROGRAMS. (a) The governor with the advice and consent of the
19-18 senate shall appoint a Committee of Community Rehabilitation
19-19 Programs to assist the council and the central nonprofit agency in
19-20 expanding and promoting employment opportunities for people with
19-21 disabilities. The committee is composed of six members appointed
19-22 as follows:
19-23 (1) one community rehabilitation program executive
19-24 appointed from Lighthouses for the Blind;
19-25 (2) one community rehabilitation program executive
19-26 appointed from Goodwill Industries;
20-1 (3) one community rehabilitation program executive
20-2 appointed to represent a community mental health and mental
20-3 retardation center;
20-4 (4) two community rehabilitation program executives
20-5 appointed to represent other community rehabilitation groups; and
20-6 (5) one member appointed to represent a purchasing
20-7 agency.
20-8 (b) Members of the committee serve staggered three-year
20-9 terms expiring February 1 of every third year. Members of the
20-10 committee may not receive compensation for service on the committee
20-11 but are entitled to reimbursement for reasonable and necessary
20-12 expenses incurred in performing duties as a member of the
20-13 committee. Chapter 2110 does not apply to the size, composition,
20-14 or duration of the committee.
20-15 (c) The committee shall advise the council and the central
20-16 nonprofit agency regarding their duties under this chapter. The
20-17 committee shall:
20-18 (1) develop and recommend value-added guidelines for
20-19 products and services provided by persons with disabilities;
20-20 (2) develop and recommend strategic plans to expand
20-21 the program;
20-22 (3) develop and recommend wage and hour reports,
20-23 guidelines, and criteria regarding the amount of labor required of
20-24 persons with disabilities;
20-25 (4) review the annual report submitted under Section
20-26 2163.021;
21-1 (5) develop and recommend criteria for recognition and
21-2 approval of community rehabilitation programs;
21-3 (6) monitor procedures, practices, and standards used
21-4 in similar federal programs; and
21-5 (7) develop and recommend guidelines for recognition
21-6 of disabilities that should be covered by programs under this
21-7 chapter.
21-8 SECTION 2. (a) The terms on the Texas Council on Purchasing
21-9 from People with Disabilities of the three representatives of
21-10 community rehabilitation programs that represent different
21-11 disability groups under the former Subdivision (2), Subsection (a),
21-12 Section 122.003, Human Resources Code, expire on the effective date
21-13 of this Act. The terms on the Texas Council on Purchasing from
21-14 People with Disabilities of the three representatives of state
21-15 agencies or political subdivisions under the former Subdivision
21-16 (3), Subsection (a), Section 122.003, Human Resources Code, expire
21-17 on the effective date of this Act.
21-18 (b) As soon as possible after the effective date of this
21-19 Act, the governor shall appoint the members of the Committee of
21-20 Community Rehabilitation Programs in accordance with Section
21-21 2163.026, Government Code, as added by this Act. The governor
21-22 shall appoint two members for terms expiring February 1, 2000, two
21-23 members for terms expiring February 1, 2001, and two members for
21-24 terms expiring February 1, 2002.
21-25 (c) The changes in law made by this Act do not affect a
21-26 contract between the Texas Council on Purchasing from People with
22-1 Disabilities and the central nonprofit agency in existence
22-2 immediately before the effective date of this Act for the term of
22-3 the contract.
22-4 (d) The entity serving as the central nonprofit agency
22-5 immediately before the effective date of this Act continues as the
22-6 central nonprofit agency unless and until another central nonprofit
22-7 agency is chosen in accordance with Chapter 2163, Government Code,
22-8 as amended by this Act.
22-9 SECTION 3. This Act takes effect September 1, 1999.
22-10 SECTION 4. The importance of this legislation and the
22-11 crowded condition of the calendars in both houses create an
22-12 emergency and an imperative public necessity that the
22-13 constitutional rule requiring bills to be read on three several
22-14 days in each house be suspended, and this rule is hereby suspended.