By Shapiro S.B. No. 1828
76R9696 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to government purchasing from people with disabilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 122, Human Resources Code, is transferred
1-5 to Subtitle D, Title 10, Government Code, redesignated as Chapter
1-6 2163, Government Code, and amended to read as follows:
1-7 CHAPTER 2163 [122]. TEXAS COUNCIL ON PURCHASING FROM PEOPLE
1-8 WITH DISABILITIES
1-9 Sec. 2163.001 [122.001]. PURPOSE. The purpose of this
1-10 chapter is to further the state's policy of encouraging and
1-11 assisting persons with disabilities to achieve maximum personal
1-12 independence by engaging in useful and productive employment
1-13 activities through the production of goods and services sold to
1-14 [and, in addition, to provide] state agencies, departments, and
1-15 institutions and political subdivisions of the state [with a method
1-16 for achieving conformity with requirements of nondiscrimination and
1-17 affirmative action in employment matters related to persons with
1-18 disabilities].
1-19 Sec. 2163.002 [122.002]. DEFINITIONS. In this
1-20 chapter:
1-21 (1) "Central nonprofit agency" means an agency
1-22 designated as a central nonprofit agency under an agreement
1-23 [contract] under Section 2163.018 [122.019].
1-24 (2) "Committee" means the Committee of Community
2-1 Rehabilitation Programs ["Commission" means the General Services
2-2 Commission].
2-3 (3) "Community rehabilitation program" means a
2-4 government or nonprofit private program operated under criteria
2-5 established by the council and under which persons with severe
2-6 disabilities produce products or perform services for compensation.
2-7 (4) "Council" means the Texas Council on Purchasing
2-8 from People with Disabilities.
2-9 (5) "Disability" means a mental or physical
2-10 impairment, including blindness, that impedes a person who is
2-11 seeking, entering, or maintaining gainful employment.
2-12 Sec. 2163.003 [122.003]. TEXAS COUNCIL ON PURCHASING FROM
2-13 PEOPLE WITH DISABILITIES. (a) The Texas Council on Purchasing
2-14 from People with Disabilities is composed of the following members,
2-15 with the private citizen members [who are] appointed by the
2-16 governor with the advice and consent of the senate:
2-17 (1) three private citizens conversant with the
2-18 employment needs of persons with disabilities, including blindness,
2-19 and with current experience in the pricing and marketing of goods
2-20 and services; and
2-21 (2) the executive director of the commission or the
2-22 executive director's designee, who serves as a nonvoting ex officio
2-23 member [three representatives of community rehabilitation programs
2-24 that represent different disability groups, including persons with
2-25 blindness, and that provide or seek to provide products produced or
2-26 services performed by persons with disabilities; and]
2-27 [(3) three representatives of state agencies or
3-1 political subdivisions that purchase a significant amount of
3-2 products produced or services performed by persons with
3-3 disabilities].
3-4 (b) Appointed members [Members] of the council serve
3-5 staggered terms of six years with the terms of one member [three
3-6 members] expiring on January 31 of each odd-numbered year. Members
3-7 may not receive compensation for their service on the council, but
3-8 they are entitled to reimbursement for actual and necessary
3-9 expenses incurred in performing their duties as members.
3-10 (c) The governor shall select one of the council members to
3-11 serve as presiding officer.
3-12 (d) A person is not eligible for appointment as a member of
3-13 the council under Subsection (a)(1) if the person or the person's
3-14 spouse:
3-15 (1) is employed by or participates in the management
3-16 of a central nonprofit agency, a community rehabilitation program,
3-17 or another organization receiving funds from or doing business with
3-18 the council;
3-19 (2) owns or controls, directly or indirectly, more
3-20 than a 10 percent interest in a central nonprofit agency, a
3-21 community rehabilitation program, or another organization receiving
3-22 funds from or doing business with the council; or
3-23 (3) uses or receives a substantial amount of tangible
3-24 goods, services, or funds from the council, a central nonprofit
3-25 agency, or a community rehabilitation program, other than
3-26 reimbursement authorized by law for council membership, attendance,
3-27 or expenses.
4-1 (e) A person may not serve as a member of the council if the
4-2 person is required to register as a lobbyist under Chapter 305[,
4-3 Government Code,] because of the person's activities for
4-4 compensation on behalf of a profession related to the operation of
4-5 the council.
4-6 (f) Appointments to the council shall be made without regard
4-7 to the race, creed, sex, disability, age, religion, or national
4-8 origin of the appointees.
4-9 (g) It is a ground for removal from the council if a member:
4-10 (1) does not have at the time of appointment the
4-11 qualifications required by Subsection (a) [of this section] for
4-12 appointment to the council;
4-13 (2) does not maintain during the service on the
4-14 council the qualifications required by Subsection (a) [of this
4-15 section] for appointment to the council;
4-16 (3) violates a prohibition established by Subsection
4-17 (d) or (e) [of this section];
4-18 (4) cannot because of illness or disability discharge
4-19 the member's duties for a substantial part of the term for which
4-20 the member is appointed; or
4-21 (5) is absent from more than half of the regularly
4-22 scheduled council meetings that the member is eligible to attend
4-23 during a calendar year unless the absence is excused by majority
4-24 vote of the council.
4-25 (h) The validity of an action of the council is not affected
4-26 by the fact that it was taken when a ground for removal of a member
4-27 of the council existed.
5-1 (i) If the executive director of the commission has
5-2 knowledge that a potential ground for removal exists, the executive
5-3 director shall notify the presiding officer of the council of the
5-4 potential ground. If the presiding officer is notified under this
5-5 section, or if the presiding officer has knowledge that a potential
5-6 ground for removal exists, the presiding officer shall notify the
5-7 governor and the attorney general that a potential ground for
5-8 removal exists. If the potential ground for removal involves the
5-9 presiding officer, the executive director shall notify the next
5-10 highest officer of the council, who shall notify the governor and
5-11 the attorney general that a potential ground for removal exists.
5-12 [(j) The council may establish criteria for recognition and
5-13 approval of community rehabilitation programs. The council may:]
5-14 [(1) recognize a program that maintains accreditation
5-15 by a nationally accepted vocational rehabilitation accrediting
5-16 organization; and]
5-17 [(2) approve community rehabilitation program services
5-18 that have been approved for purchase by a state habilitation or
5-19 rehabilitation agency.]
5-20 Sec. 2163.004 [122.004]. INFORMATION RELATING TO STANDARDS
5-21 OF CONDUCT. The presiding officer of the council or the presiding
5-22 officer's designee shall provide to members of the council, as
5-23 often as necessary, information regarding their qualification for
5-24 office under this chapter and their responsibilities under
5-25 applicable laws relating to standards of conduct for state
5-26 officers.
5-27 Sec. 2163.005 [122.005]. MEMBER TRAINING. (a) Before an
6-1 appointed [a] member of the council may assume the member's duties
6-2 and before the member may be confirmed by the senate, the member
6-3 must complete at least one course of the training program
6-4 established under this section.
6-5 (b) A training program established under this section shall
6-6 provide information to the member regarding:
6-7 (1) this chapter;
6-8 (2) the programs operated by the council and the
6-9 operations of the central nonprofit agency and community
6-10 rehabilitation programs;
6-11 (3) the role and functions of the council and
6-12 commission;
6-13 (4) the current budget for the council;
6-14 (5) the results of the most recent formal audit of the
6-15 council;
6-16 (6) the requirements of the:
6-17 (A) open meetings law, Chapter 551[, Government
6-18 Code];
6-19 (B) open records law, Chapter 552[, Government
6-20 Code]; and
6-21 (C) administrative procedure law, Chapter 2001[,
6-22 Government Code];
6-23 (7) the requirements of the conflict of interest laws
6-24 and other laws relating to public officials; and
6-25 (8) any applicable ethics policies adopted by the
6-26 council or the Texas Ethics Commission.
6-27 Sec. 2163.006 [122.006]. SUNSET PROVISION. The Texas Council
7-1 on Purchasing from People with Disabilities is subject to Chapter
7-2 325[, Government Code] (Texas Sunset Act). Unless continued in
7-3 existence as provided by that chapter, the council is abolished and
7-4 this chapter expires September 1, 2003.
7-5 Sec. 2163.007 [122.007]. GENERAL DUTIES OF COUNCIL [FAIR
7-6 MARKET PRICE; PURCHASING PROCEDURES]. (a) The council shall
7-7 determine the fair market price of all products and services
7-8 manufactured or provided by persons with disabilities and offered
7-9 for sale to the various agencies and departments of the state and
7-10 its political subdivisions by a community rehabilitation program.
7-11 The council shall ensure that the products and services offered for
7-12 sale offer the best value for the state or a political subdivision.
7-13 (b) The committee [A subcommittee composed of three council
7-14 members appointed by the presiding officer] shall review the data
7-15 used to determine fair market price and shall make recommendations
7-16 to the council concerning fair market price for the products and
7-17 services and offering the best value to customers.
7-18 (c) The council shall revise the prices periodically to
7-19 reflect changing market conditions.
7-20 (d) The council shall provide for the expansion and
7-21 promotion of employment opportunities for people with
7-22 disabilities.
7-23 (e) The council may provide for receiving independent legal
7-24 advice.
7-25 Sec. 2163.008. GENERAL PURCHASING PROCEDURES; MANDATORY
7-26 PROCUREMENT AT DETERMINED PRICE. (a) [(d)] Before offering for
7-27 sale products and services manufactured or provided by persons with
8-1 disabilities to state agencies and political subdivisions, the
8-2 council shall test the goods and services in accordance with
8-3 Section 2155.069[, Government Code,] to the extent necessary to
8-4 ensure quality. The council may enter into a contract with a
8-5 private or public entity to assist with testing. The commission
8-6 shall make awards under this section based on proposed goods and
8-7 services meeting formal state specifications, if applicable,
8-8 developed by the commission or the procuring agency or meeting
8-9 commercial specifications, if applicable, approved by the
8-10 commission or the procuring agency.
8-11 (b) [(e)] Requisitions for products and services required by
8-12 state agencies are processed by the commission or by the procuring
8-13 state agency, as applicable, according to rules established by the
8-14 commission.
8-15 (c) [Sec. 122.008. PROCUREMENT AT DETERMINED PRICE.] A
8-16 suitable product or service that meets applicable specifications
8-17 established by the state or its political subdivisions and that is
8-18 available within the time specified must be procured from the
8-19 central nonprofit agency [a community rehabilitation program] at
8-20 the price determined by the council to be the fair market price.
8-21 Sec. 2163.009 [122.009]. RECORDS. (a) The council is
8-22 subject to Chapter 552. [The records of the council and of a
8-23 central nonprofit agency shall, to the extent that the records
8-24 pertain specifically to state purchases of the products and
8-25 services of persons with disabilities, be made available upon
8-26 request to the inspection of representatives of the state auditor,
8-27 the governor's budget office, or the Legislative Budget Board.]
9-1 The inspection of the records of the council shall be conducted
9-2 with due regard to the privacy rights of persons with disabilities.
9-3 [A document that is available for inspection under this subsection
9-4 is an open record for purposes of Chapter 552, Government Code.]
9-5 (b) The commission is the depository for all records
9-6 concerning the council's operations.
9-7 [(c) The council is subject to Chapter 552, Government
9-8 Code.]
9-9 Sec. 2163.010 [122.010]. COOPERATION WITH DEPARTMENT OF
9-10 CRIMINAL JUSTICE. The council may cooperate with the institutional
9-11 division of the Texas Department of Criminal Justice to accomplish
9-12 the purposes of this chapter and to contribute to the economy of
9-13 state government. The council and the department may enter into
9-14 contractual agreements, cooperative working relationships, or other
9-15 arrangements necessary for effective coordination and the
9-16 realization of the objectives of both entities.
9-17 Sec. 2163.011 [122.011]. CORRELATION WITH RELATED FEDERAL
9-18 PROGRAMS. The council may adopt procedures, practices, and
9-19 standards used for federal programs similar to the state program
9-20 established in this chapter.
9-21 Sec. 2163.012 [122.012]. DUTIES OF COMMISSION; INDEPENDENT
9-22 MANAGEMENT [INTERAGENCY COOPERATION]. (a) The commission shall
9-23 provide [legal,] clerical, administrative, and other necessary
9-24 logistical support to the council and the committee [in accordance
9-25 with legislative appropriation].
9-26 (b) [State agencies responsible for the provision of
9-27 rehabilitation and related services to persons with disabilities
10-1 shall cooperate with the council in the operation of the program.
10-2 The Texas Commission for the Blind, the Texas Rehabilitation
10-3 Commission, and other state human services agencies responsible for
10-4 assisting persons with disabilities may, through written agreements
10-5 or interagency contracts, provide space, storage, logistical
10-6 support, consultation, expert services, communications services, or
10-7 financial assistance with respect to any function or responsibility
10-8 of the council.]
10-9 [(c)] The commission, the council, the committee, or a state
10-10 agency may not assume the marketing or fiscal responsibility of the
10-11 central nonprofit agency for the expense of marketing the products
10-12 and services of persons with disabilities under the program or
10-13 manage the daily operations of the central nonprofit agency.
10-14 Sec. 2163.013 [122.013]. RULES. [(a)] The council may
10-15 adopt rules for the implementation, extension, administration, or
10-16 improvement of the program authorized by this chapter in accordance
10-17 with Chapter 2001[, Government Code].
10-18 [(b) The commission shall provide legal support to assist
10-19 the council in adopting rules under this section.]
10-20 Sec. 2163.014 [122.014]. PRODUCT SPECIFICATIONS. Except as
10-21 otherwise provided by this section, a product manufactured for sale
10-22 either through the commission or directly to any office,
10-23 department, institution, or agency of the state under this chapter
10-24 shall be manufactured or produced according to specifications
10-25 developed by the commission or other agency, if specifications are
10-26 required for the product. If the commission or other agency has
10-27 not adopted specifications for a particular product and
11-1 specifications are required for the product, the production shall
11-2 be based on commercial or federal specifications in current use by
11-3 industry for the manufacture of the product for sale to the state.
11-4 Sec. 2163.015 [122.015]. DETERMINATIONS OF FAIR MARKET
11-5 VALUE. (a) In determining the fair market value of products or
11-6 services offered for sale under this chapter, [the subcommittee
11-7 established under Section 122.007(b) and] the council shall give
11-8 due consideration to the following type of factors:
11-9 (1) to the extent applicable, the amounts being paid
11-10 for similar articles in similar quantities by federal agencies
11-11 purchasing the products or services under the authorized federal
11-12 program of like effect to the state program authorized by this
11-13 chapter;
11-14 (2) the amounts which private business would pay for
11-15 similar products or services in similar quantities if purchasing
11-16 from a reputable corporation engaged in the business of selling
11-17 similar products or services;
11-18 (3) to the extent applicable, the amount paid by the
11-19 state in any recent purchases of similar products or services in
11-20 similar quantities, making due allowance for general inflationary
11-21 or deflationary trends;
11-22 (4) the actual cost of manufacturing the product or
11-23 performing a service at a community rehabilitation program offering
11-24 employment services on or off premises to persons with
11-25 disabilities, with adequate weight to be given to legal and moral
11-26 imperatives to pay workers with disabilities equitable wages; and
11-27 (5) the usual, customary, and reasonable costs of
12-1 manufacturing, marketing, and distribution.
12-2 (b) The fair market value of a service that may be acquired
12-3 through negotiation is the negotiated price [actual cost of
12-4 manufacturing a product or performing a service consists of costs
12-5 directly associated with a contract and includes costs for labor,
12-6 raw materials used in the production of the product, storage, and
12-7 delivery. Actual costs do not include a cost associated with an
12-8 individual's preparation to perform the work activity].
12-9 (c) The fair market value of a product or service,
12-10 determined after consideration of relevant factors of the foregoing
12-11 type, may not be excessive or unreasonable.
12-12 Sec. 2163.016. DEVELOPMENT OF SPECIFICATIONS [122.016.
12-13 EXCEPTIONS]. [(a) Exceptions from the operation of the mandatory
12-14 provisions of Section 122.014 may be made in any case where:]
12-15 [(1) under the rules of the commission, the product or
12-16 service so produced or provided does not meet the reasonable
12-17 requirements of the office, department, institution, or agency; or]
12-18 [(2) the requisitions made cannot be reasonably
12-19 complied with through provision of products or services produced by
12-20 persons with disabilities.]
12-21 [(b) Each month, the commission shall provide the council
12-22 with a list of all items purchased under the exception provided by
12-23 Subsection (a) of this section. The council shall adopt the form
12-24 in which the list is to be provided and may require the list to
12-25 include the date of requisition, the type of product or service
12-26 requested, the reason for purchase under the exception, and any
12-27 other information that the council considers relevant to a
13-1 determination of why the product or service was not purchased in
13-2 accordance with Section 122.014.]
13-3 [(c)] No office, department, institution, or agency may
13-4 evade the intent of this section by slight variations from
13-5 standards adopted by the commission, when the products or services
13-6 produced or provided by persons with disabilities, in accordance
13-7 with established commission standards, are reasonably adapted to
13-8 the actual needs of the office, department, institution, or agency.
13-9 Sec. 2163.017 [122.017]. PROCUREMENT FOR POLITICAL
13-10 SUBDIVISIONS. If specifications are required, a [A] product
13-11 manufactured for sale to a political subdivision of this state or
13-12 an office or department of a political subdivision [thereof] shall
13-13 be manufactured or produced according to specifications developed
13-14 by the purchaser. A political subdivision of this state may
13-15 purchase products or services for its use from private businesses
13-16 through its authorized purchasing procedures, but may also, without
13-17 requesting competitive bids or proposals from any person,
13-18 substitute equivalent products or services produced by persons with
13-19 disabilities under the provisions of this chapter. [Nothing in
13-20 this chapter shall be construed to require a nonprofit agency for
13-21 persons with disabilities to engage in competitive bidding.]
13-22 [Sec. 122.018. POLITICAL SUBDIVISIONS EXCLUDED. There are
13-23 excluded from the mandatory application of this chapter the
13-24 political subdivisions of the state that are not covered by Title
13-25 V of the Federal Rehabilitation Act of 1973, as amended (29 U.S.
13-26 Code Sections 790 through 794). This chapter does not prohibit a
13-27 political subdivision from acting as a willing buyer outside a bid
14-1 system.]
14-2 Sec. 2163.018 [122.019]. CENTRAL NONPROFIT AGENCY. (a) The
14-3 council shall enter into an agreement [contract] with a central
14-4 nonprofit agency to:
14-5 (1) recruit and assist community rehabilitation
14-6 programs in developing and submitting applications for the
14-7 selection of suitable products and services;
14-8 (2) facilitate the distribution of orders among
14-9 community rehabilitation programs; and
14-10 (3) manage and coordinate the day-to-day operation of
14-11 the program, including the general administration of contracts with
14-12 community rehabilitation programs[; and]
14-13 [(4) promote increased supported employment
14-14 opportunities for persons with disabilities].
14-15 (b) The services of a central nonprofit agency shall [may]
14-16 include necessary marketing and marketing support services, such
14-17 as:
14-18 (1) assistance to community rehabilitation programs
14-19 regarding solicitation and negotiation of contracts;
14-20 (2) direct marketing of products and services to
14-21 consumers;
14-22 (3) research and development of products and services;
14-23 (4) public relations activities to promote the
14-24 program;
14-25 (5) customer relations;
14-26 (6) education and training;
14-27 (7) accounting services related to purchase orders,
15-1 invoices, and payments to community rehabilitation programs; and
15-2 (8) other duties designated by the council.
15-3 (c) At least once during each five-year period [Each year],
15-4 the council shall review services provided by the [a] central
15-5 nonprofit agency and [the revenues required to accomplish the
15-6 program to determine whether each agency's performance complies
15-7 with contractual specifications. Not later than the 60th day
15-8 before the review, the council shall publish in the Texas Register
15-9 a request for comment on the services of a central nonprofit agency
15-10 that participates in community rehabilitation programs.]
15-11 [(d) At least once during each two-year period, the council
15-12 shall review and] renegotiate the agreement [contract] with the [a]
15-13 central nonprofit agency. The renegotiated agreement must include
15-14 the additional duties that the council requests from the central
15-15 nonprofit agency. Not later than the 60th day before the date the
15-16 council [adopts or] renews an agreement [a contract], the council
15-17 shall publish notice of the proposed agreement [contract] in the
15-18 Texas Register.
15-19 (d) [(e)] The maximum management fee rate charged by a
15-20 central nonprofit agency for its services must be computed as a
15-21 percentage of the selling price of the product or the contract
15-22 price of a service and may not exceed six percent[, must be
15-23 included in the selling price or contract price, and must be paid
15-24 at the time of sale]. The management fee rate must be approved by
15-25 the council.
15-26 (e) [(f)] A percentage of the management fee described by
15-27 Subsection (d) [(e)] shall be paid to the council [and is subject
16-1 to Section 122.023]. The percentage shall be set by the council in
16-2 the amount necessary to reimburse the general revenue fund for
16-3 direct and reasonable costs incurred by the commission and council
16-4 in administering [its] duties under this chapter.
16-5 (f) If the established central nonprofit agency ceases
16-6 operations under this chapter or breaches the agreement, the
16-7 council may select an alternate central nonprofit agency to manage
16-8 the program, while preserving the property rights of the former
16-9 central nonprofit agency in its established business, contracts,
16-10 records, and programs. The alternate central nonprofit agency may
16-11 be chosen through an application process under which the council
16-12 considers the qualifications of each applicant to perform the
16-13 required duties.
16-14 Sec. 2163.019 [122.020]. CONSUMER INFORMATION; COMPLAINTS.
16-15 (a) The council or central nonprofit agency shall prepare
16-16 information of consumer interest describing the activities of the
16-17 council and describing the council's procedures by which consumer
16-18 complaints are filed with and resolved by the council. The council
16-19 shall make the information available to the general public and
16-20 appropriate state agencies.
16-21 (b) The council and central nonprofit agency shall keep an
16-22 information file about each complaint filed with the entity
16-23 [council] relating to a product or service offered by a community
16-24 rehabilitation program.
16-25 (c) If a written complaint is filed with the council
16-26 relating to a product or service offered by a community
16-27 rehabilitation program, the council, at least as frequently as
17-1 quarterly and until final disposition of the complaint, shall
17-2 notify the parties to the complaint of the status of the complaint
17-3 unless the notice would jeopardize an undercover investigation.
17-4 Sec. 2163.020 [122.021]. PUBLIC TESTIMONY AND ACCESS. (a)
17-5 The council shall develop and implement policies that provide the
17-6 public with a reasonable opportunity to appear before the council
17-7 and to speak on any issue under the jurisdiction of the council.
17-8 (b) The council shall comply with federal and state laws
17-9 related to program and facility accessibility. The council shall
17-10 also prepare and maintain a written plan that describes how a
17-11 person who does not speak English can be provided reasonable access
17-12 to the council's programs and services.
17-13 Sec. 2163.021 [122.022]. REPORTS. (a) On or before
17-14 November 1 of each year, the central nonprofit agency [council]
17-15 shall file with the governor and the presiding officer of each
17-16 house of the legislature a complete and detailed written report
17-17 accounting for all funds received and disbursed by the central
17-18 nonprofit agency [council] during the preceding state fiscal year.
17-19 [The annual report must meet the reporting requirements applicable
17-20 to financial reporting provided in the General Appropriations Act.]
17-21 (b) The report submitted under this section must [shall]
17-22 include:
17-23 (1) the number of persons with disabilities, according
17-24 to their type of disability, who are employed in community
17-25 rehabilitation programs participating in the programs established
17-26 by this chapter;
17-27 (2) the amount of annual wages paid to a person
18-1 participating in the program;
18-2 (3) a summary of the sale of products offered by a
18-3 community rehabilitation program;
18-4 (4) a list of products and services offered by a
18-5 community rehabilitation program; and
18-6 (5) the geographic distribution of the community
18-7 rehabilitation programs.
18-8 Sec. 2163.022 [122.023]. COUNCIL FUNDS. All money paid to
18-9 the council under this chapter is subject to Subchapter F, Chapter
18-10 404[, Government Code].
18-11 Sec. 2163.023 [122.024]. STRATEGIC PLAN; FINAL OPERATING
18-12 PLAN. The council shall prepare an agency strategic plan and a
18-13 final operating plan as required by Subchapter E, Chapter 2054[,
18-14 Government Code].
18-15 Sec. 2163.024 [122.025]. OPEN MEETINGS; ADMINISTRATIVE
18-16 PROCEDURE. The council is subject to Chapters 551 and 2001[,
18-17 Government Code].
18-18 Sec. 2163.025 [122.026]. APPLICATION OF OTHER LAW. Chapters
18-19 252, 262, and 271, Local Government Code, do not supersede this
18-20 chapter.
18-21 Sec. 2163.026. COMMITTEE OF COMMUNITY REHABILITATION
18-22 PROGRAMS. (a) The governor with the advice and consent of the
18-23 senate shall appoint a Committee of Community Rehabilitation
18-24 Programs to assist the council and the central nonprofit agency in
18-25 expanding and promoting employment opportunities for people with
18-26 disabilities. The committee is composed of six members appointed as
18-27 follows:
19-1 (1) one community rehabilitation program executive
19-2 appointed from Lighthouses for the Blind;
19-3 (2) one community rehabilitation program executive
19-4 appointed from Goodwill Industries;
19-5 (3) one community rehabilitation program executive
19-6 appointed to represent a community mental health and mental
19-7 retardation center;
19-8 (4) two community rehabilitation program executives
19-9 appointed to represent other community rehabilitation groups; and
19-10 (5) one public member.
19-11 (b) Members of the committee serve staggered three-year
19-12 terms expiring February 1 of every third year. Members of the
19-13 committee may not receive compensation for service on the committee
19-14 but are entitled to reimbursement for reasonable and necessary
19-15 expenses incurred in performing duties as a member of the
19-16 committee. Chapter 2110 does not apply to the size, composition,
19-17 or duration of the committee.
19-18 (c) The committee shall advise the council and the central
19-19 nonprofit agency regarding their duties under this chapter. The
19-20 committee shall:
19-21 (1) develop and recommend value-added guidelines for
19-22 products and services provided by persons with disabilities;
19-23 (2) develop and recommend strategic plans to expand
19-24 the program;
19-25 (3) develop and recommend wage and hour reports,
19-26 guidelines, and criteria regarding the amount of labor required of
19-27 persons with disabilities;
20-1 (4) review the annual report submitted under Section
20-2 2163.021;
20-3 (5) develop and recommend criteria for recognition and
20-4 approval of community rehabilitation programs;
20-5 (6) monitor procedures, practices, and standards used
20-6 in similar federal programs; and
20-7 (7) develop and recommend guidelines for recognition
20-8 of disabilities that should be covered by programs under this
20-9 chapter.
20-10 SECTION 2. (a) The terms on the Texas Council on Purchasing
20-11 from People with Disabilities of the three representatives of
20-12 community rehabilitation programs that represent different
20-13 disability groups under the former Section 122.003(a)(2), Human
20-14 Resources Code, expire on the effective date of this Act. The
20-15 terms on the Texas Council on Purchasing from People with
20-16 Disabilities of the three representatives of state agencies or
20-17 political subdivisions under the former Section 122.003(a)(3),
20-18 Human Resources Code, expire on the effective date of this Act.
20-19 (b) As soon as possible after the effective date of this
20-20 Act, the governor shall appoint the members of the Committee of
20-21 Community Rehabilitation Programs in accordance with Section
20-22 2163.026, Government Code, as added by this Act. The governor
20-23 shall appoint two members for terms expiring February 1, 2000, two
20-24 members for terms expiring February 1, 2001, and two members for
20-25 terms expiring February 1, 2002.
20-26 SECTION 3. This Act takes effect September 1, 1999.
20-27 SECTION 4. The importance of this legislation and the
21-1 crowded condition of the calendars in both houses create an
21-2 emergency and an imperative public necessity that the
21-3 constitutional rule requiring bills to be read on three several
21-4 days in each house be suspended, and this rule is hereby suspended.