1-1 By: Shapiro S.B. No. 1828
1-2 (In the Senate - Filed March 22, 1999; March 23, 1999, read
1-3 first time and referred to Committee on State Affairs; May 3, 1999,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 0; May 3, 1999, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1828 By: Shapiro
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to government purchasing from people with disabilities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 122, Human Resources Code, is transferred
1-12 to Subtitle D, Title 10, Government Code, redesignated as Chapter
1-13 2163, Government Code, and amended to read as follows:
1-14 CHAPTER 2163 [122]. TEXAS COUNCIL ON PURCHASING FROM PEOPLE
1-15 WITH DISABILITIES
1-16 Sec. 2163.001 [122.001]. Purpose. The purpose of this
1-17 chapter is to further the state's policy of encouraging and
1-18 assisting persons with disabilities to achieve maximum personal
1-19 independence by engaging in useful and productive employment
1-20 activities through the production of goods and services sold to
1-21 [and, in addition, to provide] state agencies, departments, and
1-22 institutions and political subdivisions of the state [with a method
1-23 for achieving conformity with requirements of nondiscrimination and
1-24 affirmative action in employment matters related to persons with
1-25 disabilities].
1-26 Sec. 2163.002 [122.002]. Definitions. In this chapter:
1-27 (1) "Central nonprofit agency" means an agency
1-28 designated as the [a] central nonprofit agency under an agreement
1-29 [contract] under Section 2163.018 [122.019].
1-30 (2) "Committee" means the Committee of Community
1-31 Rehabilitation Programs ["Commission" means the General Services
1-32 Commission].
1-33 (3) "Community rehabilitation program" means a
1-34 government or nonprofit private program operated under criteria
1-35 established by the council and under which persons with severe
1-36 disabilities produce products or perform services for compensation.
1-37 (4) "Council" means the Texas Council on Purchasing
1-38 from People with Disabilities.
1-39 (5) "Disability" means a mental or physical
1-40 impairment, including blindness, that impedes a person who is
1-41 seeking, entering, or maintaining gainful employment.
1-42 Sec. 2163.003 [122.003]. Texas Council on Purchasing from
1-43 People with Disabilities. (a) The Texas Council on Purchasing
1-44 from People with Disabilities is composed of the following members,
1-45 with the private citizen members [who are] appointed by the
1-46 governor with the advice and consent of the senate:
1-47 (1) three private citizens conversant with the
1-48 employment needs of persons with disabilities, including blindness,
1-49 and with current experience in the pricing and marketing of goods
1-50 and services; and
1-51 (2) the executive director of the commission or the
1-52 executive director's designee, who serves as a nonvoting ex officio
1-53 member [three representatives of community rehabilitation programs
1-54 that represent different disability groups, including persons with
1-55 blindness, and that provide or seek to provide products produced or
1-56 services performed by persons with disabilities; and]
1-57 [(3) three representatives of state agencies or
1-58 political subdivisions that purchase a significant amount of
1-59 products produced or services performed by persons with
1-60 disabilities].
1-61 (b) Appointed members [Members] of the council serve
1-62 staggered terms of six years with the terms of one member [three
1-63 members] expiring on January 31 of each odd-numbered year. Members
1-64 may not receive compensation for their service on the council, but
2-1 they are entitled to reimbursement for actual and necessary
2-2 expenses incurred in performing their duties as members.
2-3 (c) The governor shall select one of the council members to
2-4 serve as presiding officer.
2-5 (d) A person is not eligible for appointment as a member of
2-6 the council under Subsection (a)(1) if the person or the person's
2-7 spouse:
2-8 (1) is employed by or participates in the management
2-9 of, or during the three years preceding appointment has been
2-10 employed by or participated in the management of, a central
2-11 nonprofit agency, a community rehabilitation program, a purchasing
2-12 agency, or another organization receiving funds from or doing
2-13 business with the council;
2-14 (2) owns or controls, directly or indirectly, more
2-15 than a 10 percent interest in a central nonprofit agency, a
2-16 community rehabilitation program, or another organization receiving
2-17 funds from or doing business with the council; or
2-18 (3) uses or receives a substantial amount of tangible
2-19 goods, services, or funds from the council, a central nonprofit
2-20 agency, or a community rehabilitation program, other than
2-21 reimbursement authorized by law for council membership, attendance,
2-22 or expenses.
2-23 (e) A person may not serve as a member of the council if the
2-24 person is required to register as a lobbyist under Chapter 305[,
2-25 Government Code,] because of the person's activities for
2-26 compensation on behalf of a profession related to the operation of
2-27 the council.
2-28 (f) Appointments to the council shall be made without regard
2-29 to the race, creed, sex, disability, age, religion, or national
2-30 origin of the appointees.
2-31 (g) It is a ground for removal from the council if a member:
2-32 (1) does not have at the time of appointment the
2-33 qualifications required by Subsection (a) [of this section] for
2-34 appointment to the council;
2-35 (2) does not maintain during the service on the
2-36 council the qualifications required by Subsection (a) [of this
2-37 section] for appointment to the council;
2-38 (3) violates a prohibition established by Subsection
2-39 (d) or (e) [of this section];
2-40 (4) cannot because of illness or disability discharge
2-41 the member's duties for a substantial part of the term for which
2-42 the member is appointed; or
2-43 (5) is absent from more than half of the regularly
2-44 scheduled council meetings that the member is eligible to attend
2-45 during a calendar year unless the absence is excused by majority
2-46 vote of the council.
2-47 (h) The validity of an action of the council is not affected
2-48 by the fact that it was taken when a ground for removal of a member
2-49 of the council existed.
2-50 (i) If the executive director of the commission has
2-51 knowledge that a potential ground for removal exists, the executive
2-52 director shall notify the presiding officer of the council of the
2-53 potential ground. If the presiding officer is notified under this
2-54 section, or if the presiding officer has knowledge that a potential
2-55 ground for removal exists, the presiding officer shall notify the
2-56 governor and the attorney general that a potential ground for
2-57 removal exists. If the potential ground for removal involves the
2-58 presiding officer, the executive director shall notify the next
2-59 highest officer of the council, who shall notify the governor and
2-60 the attorney general that a potential ground for removal exists.
2-61 (j) The council may establish criteria for recognition and
2-62 approval of community rehabilitation programs. [The council may:]
2-63 [(1) recognize a program that maintains accreditation
2-64 by a nationally accepted vocational rehabilitation accrediting
2-65 organization; and]
2-66 [(2) approve community rehabilitation program services
2-67 that have been approved for purchase by a state habilitation or
2-68 rehabilitation agency.]
2-69 Sec. 2163.004 [122.004]. Information Relating to Standards
3-1 of Conduct. The presiding officer of the council or the presiding
3-2 officer's designee shall provide to members of the council, as
3-3 often as necessary, information regarding their qualification for
3-4 office under this chapter and their responsibilities under
3-5 applicable laws relating to standards of conduct for state
3-6 officers.
3-7 Sec. 2163.005 [122.005]. Member Training. (a) Before an
3-8 appointed [a] member of the council may assume the member's duties
3-9 and before the member may be confirmed by the senate, the member
3-10 must complete at least one course of the training program
3-11 established under this section.
3-12 (b) A training program established under this section shall
3-13 provide information to the member regarding:
3-14 (1) this chapter;
3-15 (2) the programs operated by the council and the
3-16 operations of the central nonprofit agency and community
3-17 rehabilitation programs;
3-18 (3) the role and functions of the council and
3-19 commission;
3-20 (4) the current budget for the council;
3-21 (5) the results of the most recent formal audit of the
3-22 council;
3-23 (6) the requirements of the:
3-24 (A) open meetings law, Chapter 551[, Government
3-25 Code];
3-26 (B) open records law, Chapter 552[, Government
3-27 Code]; and
3-28 (C) administrative procedure law, Chapter 2001[,
3-29 Government Code];
3-30 (7) the requirements of the conflict of interest laws
3-31 and other laws relating to public officials; and
3-32 (8) any applicable ethics policies adopted by the
3-33 council or the Texas Ethics Commission.
3-34 Sec. 2163.006 [122.006]. Sunset Provision. The Texas
3-35 Council on Purchasing from People with Disabilities is subject to
3-36 Chapter 325[, Government Code] (Texas Sunset Act). Unless
3-37 continued in existence as provided by that chapter, the council is
3-38 abolished and this chapter expires September 1, 2003.
3-39 Sec. 2163.007 [122.007]. GENERAL DUTIES OF COUNCIL [FAIR
3-40 MARKET PRICE; PURCHASING PROCEDURES]. (a) The council shall
3-41 determine the fair market price of all products and services
3-42 manufactured or provided by persons with disabilities and offered
3-43 for sale to the various agencies and departments of the state and
3-44 its political subdivisions by a community rehabilitation program.
3-45 The council shall ensure that the products and services offered for
3-46 sale offer the best value for the state or a political subdivision.
3-47 (b) The central nonprofit agency [A subcommittee composed of
3-48 three council members appointed by the presiding officer] shall
3-49 review the data used to determine fair market price and shall make
3-50 recommendations to the council concerning fair market price for the
3-51 products and services and offering the best value to customers.
3-52 (c) The council shall revise the prices periodically to
3-53 reflect changing market conditions.
3-54 (d) The council shall provide for the expansion and
3-55 promotion of employment opportunities for people with disabilities.
3-56 (e) The council may provide for receiving independent legal
3-57 advise.
3-58 Sec. 2163.008. GENERAL PURCHASING PROCEDURES; MANDATORY
3-59 PROCUREMENT AT DETERMINED PRICE. (a) Before offering for sale
3-60 products and services manufactured or provided by persons with
3-61 disabilities to state agencies and political subdivisions, the
3-62 council shall test the goods and services in accordance with
3-63 Section 2155.069[, Government Code,] to the extent necessary to
3-64 ensure quality. The council may enter into a contract with a
3-65 private or public entity to assist with testing. The commission
3-66 shall make awards under this section based on proposed goods and
3-67 services meeting formal state specifications, if applicable,
3-68 developed by the commission or the procuring agency or meeting
3-69 commercial specifications, if applicable, approved by the
4-1 commission or the procuring agency.
4-2 (b) [(e)] Requisitions for products and services required by
4-3 state agencies are processed by the commission or by the procuring
4-4 state agency, as applicable, according to rules established by the
4-5 commission.
4-6 (c) [Sec. 122.008. PROCUREMENT AT DETERMINED PRICE.] A
4-7 suitable product or service that meets applicable specifications
4-8 established by the state or its political subdivisions and that is
4-9 available within the time specified must be procured from the
4-10 central nonprofit agency [a community rehabilitation program] at
4-11 the price determined by the council to be the fair market price.
4-12 Sec. 2163.009 [122.009]. Records. (a) The council is
4-13 subject to Chapter 552. [The records of the council and of a
4-14 central nonprofit agency shall, to the extent that the records
4-15 pertain specifically to state purchases of the products and
4-16 services of persons with disabilities, be made available upon
4-17 request to the inspection of representatives of the state auditor,
4-18 the governor's budget office, or the Legislative Budget Board.]
4-19 The inspection of the records of the council shall be conducted
4-20 with due regard to the privacy rights of persons with disabilities.
4-21 [A document that is available for inspection under this subsection
4-22 is an open record for purposes of Chapter 552, Government Code.]
4-23 (b) The commission is the depository for all records
4-24 concerning the council's operations.
4-25 [(c) The council is subject to Chapter 552, Government
4-26 Code.]
4-27 Sec. 2163.010 [122.010]. Cooperation with Department of
4-28 Criminal Justice. The council may cooperate with the institutional
4-29 division of the Texas Department of Criminal Justice to accomplish
4-30 the purposes of this chapter and to contribute to the economy of
4-31 state government. The council and the department may enter into
4-32 contractual agreements, cooperative working relationships, or other
4-33 arrangements necessary for effective coordination and the
4-34 realization of the objectives of both entities.
4-35 Sec. 2163.011 [122.011]. Correlation with Related Federal
4-36 Programs. The council may adopt procedures, practices, and
4-37 standards used for federal programs similar to the state program
4-38 established in this chapter.
4-39 Sec. 2163.012 [122.012]. DUTIES OF COMMISSION; INDEPENDENT
4-40 MANAGEMENT [INTERAGENCY COOPERATION]. (a) The commission shall
4-41 provide [legal,] clerical, administrative, and other necessary
4-42 logistical support to the council and the committee [in accordance
4-43 with legislative appropriation].
4-44 (b) [State agencies responsible for the provision of
4-45 rehabilitation and related services to persons with disabilities
4-46 shall cooperate with the council in the operation of the program.
4-47 The Texas Commission for the Blind, the Texas Rehabilitation
4-48 Commission, and other state human services agencies responsible for
4-49 assisting persons with disabilities may, through written agreements
4-50 or interagency contracts, provide space, storage, logistical
4-51 support, consultation, expert services, communications services, or
4-52 financial assistance with respect to any function or responsibility
4-53 of the council.]
4-54 [(c)] The commission, the council, the committee, or a state
4-55 agency may not assume the marketing or fiscal responsibility of the
4-56 central nonprofit agency for the expense of marketing the products
4-57 and services of persons with disabilities under the program or
4-58 manage the daily operations of the central nonprofit agency.
4-59 Sec. 2163.013 [122.013]. Rules. [(a)] The council may
4-60 adopt rules for the implementation, extension, administration, or
4-61 improvement of the program authorized by this chapter in accordance
4-62 with Chapter 2001[, Government Code].
4-63 [(b) The commission shall provide legal support to assist
4-64 the council in adopting rules under this section.]
4-65 Sec. 2163.014 [122.014]. Product Specifications. Except as
4-66 otherwise provided by this section, a product manufactured for sale
4-67 either through the commission or directly to any office,
4-68 department, institution, or agency of the state under this chapter
4-69 shall be manufactured or produced according to specifications
5-1 developed by the commission or other agency if specifications are
5-2 required for the product. If the commission or other agency has
5-3 not adopted specifications for a particular product and
5-4 specifications are required for the product, the production shall
5-5 be based on commercial or federal specifications in current use by
5-6 industry for the manufacture of the product for sale to the state.
5-7 Sec. 2163.015 [122.015]. Determinations of Fair Market
5-8 Value. (a) In determining the fair market value of products or
5-9 services offered for sale under this chapter, [the subcommittee
5-10 established under Section 122.007(b) and] the council shall give
5-11 due consideration to the following type of factors:
5-12 (1) to the extent applicable, the amounts being paid
5-13 for similar articles in similar quantities by federal agencies
5-14 purchasing the products or services under the authorized federal
5-15 program of like effect to the state program authorized by this
5-16 chapter;
5-17 (2) the amounts which private business would pay for
5-18 similar products or services in similar quantities if purchasing
5-19 from a reputable corporation engaged in the business of selling
5-20 similar products or services;
5-21 (3) to the extent applicable, the amount paid by the
5-22 state in any recent purchases of similar products or services in
5-23 similar quantities, making due allowance for general inflationary
5-24 or deflationary trends;
5-25 (4) the actual cost of manufacturing the product or
5-26 performing a service at a community rehabilitation program offering
5-27 employment services on or off premises to persons with
5-28 disabilities, with adequate weight to be given to legal and moral
5-29 imperatives to pay workers with disabilities equitable wages; and
5-30 (5) the usual, customary, and reasonable costs of
5-31 manufacturing, marketing, and distribution.
5-32 (b) The fair market value of a service that may be acquired
5-33 through negotiation is the negotiated price [actual cost of
5-34 manufacturing a product or performing a service consists of costs
5-35 directly associated with a contract and includes costs for labor,
5-36 raw materials used in the production of the product, storage, and
5-37 delivery. Actual costs do not include a cost associated with an
5-38 individual's preparation to perform the work activity].
5-39 (c) The fair market value of a product or service,
5-40 determined after consideration of relevant factors of the foregoing
5-41 type, may not be excessive or unreasonable.
5-42 Sec. 2163.016. DEVELOPMENT OF SPECIFICATIONS [122.016.
5-43 EXCEPTIONS]. [(a) Exceptions from the operation of the mandatory
5-44 provisions of Section 122.014 may be made in any case where:]
5-45 [(1) under the rules of the commission, the product or
5-46 service so produced or provided does not meet the reasonable
5-47 requirements of the office, department, institution, or agency; or]
5-48 [(2) the requisitions made cannot be reasonably
5-49 complied with through provision of products or services produced by
5-50 persons with disabilities.]
5-51 [(b) Each month, the commission shall provide the council
5-52 with a list of all items purchased under the exception provided by
5-53 Subsection (a) of this section. The council shall adopt the form
5-54 in which the list is to be provided and may require the list to
5-55 include the date of requisition, the type of product or service
5-56 requested, the reason for purchase under the exception, and any
5-57 other information that the council considers relevant to a
5-58 determination of why the product or service was not purchased in
5-59 accordance with Section 122.014.]
5-60 [(c)] No office, department, institution, or agency may
5-61 evade the intent of this section by slight variations from
5-62 standards adopted by the commission, when the products or services
5-63 produced or provided by persons with disabilities, in accordance
5-64 with established commission standards, are reasonably adapted to
5-65 the actual needs of the office, department, institution, or agency.
5-66 Sec. 2163.017 [122.017]. Procurement for Political
5-67 Subdivisions. If specifications are required, a [A] product
5-68 manufactured for sale to a political subdivision of this state or
5-69 an office or department of a political subdivision [thereof] shall
6-1 be manufactured or produced according to specifications developed
6-2 by the purchaser. A political subdivision of this state may
6-3 purchase products or services for its use from private businesses
6-4 through its authorized purchasing procedures, but may also, without
6-5 requesting competitive bids or proposals from any person,
6-6 substitute equivalent products or services produced by persons with
6-7 disabilities under the provisions of this chapter. [Nothing in
6-8 this chapter shall be construed to require a nonprofit agency for
6-9 persons with disabilities to engage in competitive bidding.]
6-10 [Sec. 122.018. POLITICAL SUBDIVISIONS EXCLUDED. There are
6-11 excluded from the mandatory application of this chapter the
6-12 political subdivisions of the state that are not covered by Title V
6-13 of the Federal Rehabilitation Act of 1973, as amended (29 U.S. Code
6-14 Sections 790 through 794). This chapter does not prohibit a
6-15 political subdivision from acting as a willing buyer outside a bid
6-16 system.]
6-17 Sec. 2163.018 [122.019]. CENTRAL NONPROFIT AGENCY. (a) The
6-18 council shall enter into an agreement [contract] with the [a]
6-19 central nonprofit agency to:
6-20 (1) recruit and assist community rehabilitation
6-21 programs in developing and submitting applications for the
6-22 selection of suitable products and services;
6-23 (2) facilitate the distribution of orders among
6-24 community rehabilitation programs;
6-25 (3) manage and coordinate the day-to-day operation of
6-26 the program, including the general administration of contracts with
6-27 community rehabilitation programs; and
6-28 (4) promote increased supported employment
6-29 opportunities for persons with disabilities.
6-30 (b) The services of the [a] central nonprofit agency shall
6-31 [may] include necessary marketing and marketing support services,
6-32 such as:
6-33 (1) assistance to community rehabilitation programs
6-34 regarding solicitation and negotiation of contracts;
6-35 (2) direct marketing of products and services to
6-36 consumers;
6-37 (3) research and development of products and services;
6-38 (4) public relations activities to promote the
6-39 program;
6-40 (5) customer relations;
6-41 (6) education and training;
6-42 (7) accounting services related to purchase orders,
6-43 invoices, and payments to community rehabilitation programs; and
6-44 (8) other duties designated by the council.
6-45 (c) At least once during each five-year period [Each year],
6-46 the council shall review services provided by the [a] central
6-47 nonprofit agency and [the revenues required to accomplish the
6-48 program to determine whether each agency's performance complies
6-49 with contractual specifications. Not later than the 60th day
6-50 before the review, the council shall publish in the Texas Register
6-51 a request for comment on the services of a central nonprofit agency
6-52 that participates in community rehabilitation programs.]
6-53 [(d) At least once during each two-year period, the council
6-54 shall review and] renegotiate the agreement [contract] with the [a]
6-55 central nonprofit agency. The renegotiated agreement must include
6-56 the additional duties that the council requests from the central
6-57 nonprofit agency. Not later than the 60th day before the date the
6-58 council [adopts or] renews an agreement [a contract], the council
6-59 shall publish notice of the proposed agreement [contract] in the
6-60 Texas Register.
6-61 (d) [(e)] The maximum management fee rate charged by the [a]
6-62 central nonprofit agency for its services must be computed as a
6-63 percentage of the selling price of the product or the contract
6-64 price of a service, must be included in the selling price or
6-65 contract price, [and] must be paid at the time of sale, and may not
6-66 exceed six percent unless[. The management fee rate must be]
6-67 approved by the council.
6-68 (e) [(f)] A percentage of the management fee described by
6-69 Subsection (d) [(e)] shall be paid to the council [and is subject
7-1 to Section 122.023]. The percentage shall be set by the council in
7-2 the amount necessary to reimburse the general revenue fund for
7-3 direct and reasonable costs incurred by the commission and council
7-4 in administering [its] duties under this chapter.
7-5 (f) If the established central nonprofit agency ceases
7-6 operations under this chapter or breaches the agreement, the
7-7 council may select an alternate central nonprofit agency to manage
7-8 the program, while preserving the property rights of the former
7-9 central nonprofit agency in its established business, contracts,
7-10 records, and programs. The alternate central nonprofit agency may
7-11 be chosen through a competitive application process, such as
7-12 through the use of competitive sealed proposals, under which the
7-13 council considers the qualifications of each applicant to perform
7-14 the required duties.
7-15 Sec. 2163.019 [122.020]. CONSUMER INFORMATION; COMPLAINTS.
7-16 (a) The council or central nonprofit agency shall prepare
7-17 information of consumer interest describing the activities of the
7-18 council and describing the council's procedures by which consumer
7-19 complaints are filed with and resolved by the council. The council
7-20 shall make the information available to the general public and
7-21 appropriate state agencies.
7-22 (b) The council and central nonprofit agency shall keep an
7-23 information file about each complaint filed with the entity
7-24 [council] relating to a product or service offered by a community
7-25 rehabilitation program.
7-26 (c) If a written complaint is filed with the council
7-27 relating to a product or service offered by a community
7-28 rehabilitation program, the council, at least as frequently as
7-29 quarterly and until final disposition of the complaint, shall
7-30 notify the parties to the complaint of the status of the complaint
7-31 unless the notice would jeopardize an undercover investigation.
7-32 Sec. 2163.020 [122.021]. PUBLIC TESTIMONY AND ACCESS. (a)
7-33 The council shall develop and implement policies that provide the
7-34 public with a reasonable opportunity to appear before the council
7-35 and to speak on any issue under the jurisdiction of the council.
7-36 (b) The council shall comply with federal and state laws
7-37 related to program and facility accessibility. The council shall
7-38 also prepare and maintain a written plan that describes how a
7-39 person who does not speak English can be provided reasonable access
7-40 to the council's programs and services.
7-41 Sec. 2163.021 [122.022]. REPORTS. (a) On or before
7-42 November 1 of each year, the council shall file with the governor
7-43 and the presiding officer of each house of the legislature a
7-44 complete and detailed written report accounting for all sales of
7-45 goods and services under this chapter and all wages paid to people
7-46 with disabilities under this chapter [funds received and disbursed
7-47 by the council] during the preceding state fiscal year. The
7-48 central nonprofit agency shall collect and provide to the council
7-49 information needed for the report. [The annual report must meet
7-50 the reporting requirements applicable to financial reporting
7-51 provided in the General Appropriations Act.]
7-52 (b) The report submitted under this section must [shall]
7-53 include:
7-54 (1) the number of persons with disabilities, according
7-55 to their type of disability, who are employed in community
7-56 rehabilitation programs participating in the programs established
7-57 by this chapter;
7-58 (2) the amount of annual wages paid to a person
7-59 participating in the program;
7-60 (3) a summary of the sale of products offered by a
7-61 community rehabilitation program;
7-62 (4) a list of products and services offered by a
7-63 community rehabilitation program; and
7-64 (5) the geographic distribution of the community
7-65 rehabilitation programs.
7-66 Sec. 2163.022 [122.023]. COUNCIL FUNDS. All money paid to
7-67 the council under this chapter is subject to Subchapter F, Chapter
7-68 404[, Government Code].
7-69 Sec. 2163.023 [122.024]. STRATEGIC PLAN; FINAL OPERATING
8-1 PLAN. The council shall prepare an agency strategic plan and a
8-2 final operating plan as required by Subchapter E, Chapter 2054[,
8-3 Government Code].
8-4 Sec. 2163.024 [122.025]. OPEN MEETINGS; ADMINISTRATIVE
8-5 PROCEDURE. The council is subject to Chapters 551 and 2001[,
8-6 Government Code].
8-7 Sec. 2163.025 [122.026]. APPLICATION OF OTHER LAW. Chapters
8-8 252, 262, and 271, Local Government Code, do not supersede this
8-9 chapter.
8-10 Sec. 2163.026. COMMITTEE OF COMMUNITY REHABILITATION
8-11 PROGRAMS. (a) The governor with the advice and consent of the
8-12 senate shall appoint a Committee of Community Rehabilitation
8-13 Programs to assist the council and the central nonprofit agency in
8-14 expanding and promoting employment opportunities for people with
8-15 disabilities. The committee is composed of six members appointed
8-16 as follows:
8-17 (1) one community rehabilitation program executive
8-18 appointed from Lighthouses for the Blind;
8-19 (2) one community rehabilitation program executive
8-20 appointed from Goodwill Industries;
8-21 (3) one community rehabilitation program executive
8-22 appointed to represent a community mental health and mental
8-23 retardation center;
8-24 (4) two community rehabilitation program executives
8-25 appointed to represent other community rehabilitation groups; and
8-26 (5) one public member.
8-27 (b) Members of the committee serve staggered three-year
8-28 terms expiring February 1 of every third year. Members of the
8-29 committee may not receive compensation for service on the committee
8-30 but are entitled to reimbursement for reasonable and necessary
8-31 expenses incurred in performing duties as a member of the
8-32 committee. Chapter 2110 does not apply to the size, composition,
8-33 or duration of the committee.
8-34 (c) The committee shall advise the council and the central
8-35 nonprofit agency regarding their duties under this chapter. The
8-36 committee shall:
8-37 (1) develop and recommend value-added guidelines for
8-38 products and services provided by persons with disabilities;
8-39 (2) develop and recommend strategic plans to expand
8-40 the program;
8-41 (3) develop and recommend wage and hour reports,
8-42 guidelines, and criteria regarding the amount of labor required of
8-43 persons with disabilities;
8-44 (4) review the annual report submitted under Section
8-45 2163.021;
8-46 (5) develop and recommend criteria for recognition and
8-47 approval of community rehabilitation programs;
8-48 (6) monitor procedures, practices, and standards used
8-49 in similar federal programs; and
8-50 (7) develop and recommend guidelines for recognition
8-51 of disabilities that should be covered by programs under this
8-52 chapter.
8-53 SECTION 2. (a) The terms on the Texas Council on Purchasing
8-54 from People with Disabilities of the three representatives of
8-55 community rehabilitation programs that represent different
8-56 disability groups under the former Subdivision (2), Subsection (a),
8-57 Section 122.003, Human Resources Code, expire on the effective date
8-58 of this Act. The terms on the Texas Council on Purchasing from
8-59 People with Disabilities of the three representatives of state
8-60 agencies or political subdivisions under the former Subdivision
8-61 (3), Subsection (a), Section 122.003, Human Resources Code, expire
8-62 on the effective date of this Act.
8-63 (b) As soon as possible after the effective date of this
8-64 Act, the governor shall appoint the members of the Committee of
8-65 Community Rehabilitation Programs in accordance with Section
8-66 2163.026, Government Code, as added by this Act. The governor
8-67 shall appoint two members for terms expiring February 1, 2000, two
8-68 members for terms expiring February 1, 2001, and two members for
8-69 terms expiring February 1, 2002.
9-1 (c) The changes in law made by this Act do not affect a
9-2 contract between the Texas Council on Purchasing from People with
9-3 Disabilities and the central nonprofit agency in existence
9-4 immediately before the effective date of this Act for the term of
9-5 the contract.
9-6 (d) The entity serving as the central nonprofit agency
9-7 immediately before the effective date of this Act continues as the
9-8 central nonprofit agency unless and until another central nonprofit
9-9 agency is chosen in accordance with Chapter 2163, Government Code,
9-10 as amended by this Act.
9-11 SECTION 3. This Act takes effect September 1, 1999.
9-12 SECTION 4. The importance of this legislation and the
9-13 crowded condition of the calendars in both houses create an
9-14 emergency and an imperative public necessity that the
9-15 constitutional rule requiring bills to be read on three several
9-16 days in each house be suspended, and this rule is hereby suspended.
9-17 * * * * *