By Maxey, Gallego, Keel, Uher, Eiland, H.B. No. 1691
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Council on Purchasing from People with
1-3 Disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 122.003(a), Human Resources Code, is
1-6 amended to read as follows:
1-7 (a) The Texas Council on Purchasing from People with
1-8 Disabilities is composed of the following members who are appointed
1-9 by the governor with the advice and consent of the senate:
1-10 (1) three private citizens, at least one of whom must
1-11 be a person with a disability, who are conversant with the
1-12 employment needs of persons with disabilities, including blindness,
1-13 and who have [with] current experience in the pricing and marketing
1-14 of goods and services;
1-15 (2) three representatives, at least one of whom must
1-16 be a person with a disability, of community rehabilitation programs
1-17 that represent different disability groups, including persons with
1-18 blindness, and that provide or seek to provide products produced or
1-19 services performed by persons with disabilities; and
1-20 (3) three representatives, at least one of whom must
1-21 be a person with a disability, of state agencies or political
1-22 subdivisions that purchase a significant amount of products
1-23 produced or services performed by persons with disabilities.
1-24 SECTION 2. Chapter 122, Human Resources Code, is amended by
1-25 adding Section 122.0055 to read as follows:
2-1 Sec. 122.0055. COUNCIL STAFF. (a) The council may employ
2-2 staff as necessary to carry out the council's duties.
2-3 (b) The staff shall provide:
2-4 (1) management oversight for the administration of
2-5 this chapter; and
2-6 (2) policy guidance and administrative support to the
2-7 council.
2-8 SECTION 3. Chapter 122, Human Resources Code, is amended by
2-9 adding Section 122.0057 to read as follows:
2-10 Sec. 122.0057. ADVISORY COMMITTEE. (a) The council may
2-11 establish an advisory committee if the council considers the
2-12 committee necessary. The membership of the committee is determined
2-13 by the council.
2-14 (b) The council shall specify the purpose and duties of the
2-15 advisory committee, which must include:
2-16 (1) reviewing the effectiveness of the program
2-17 administered under this chapter; and
2-18 (2) recommending procedures to create higher skilled
2-19 and higher paying employment opportunities.
2-20 (c) Members of an advisory committee serve at the will of
2-21 the council. The council may dissolve an advisory committee when
2-22 appropriate.
2-23 (d) The council shall make reasonable attempts to have
2-24 balanced representation on all advisory committees, including
2-25 attempting to seek representation from:
2-26 (1) the Lighthouse for the Blind community
2-27 rehabilitation programs;
3-1 (2) the Goodwill community rehabilitation programs;
3-2 (3) the Texas Department of Mental Health and Mental
3-3 Retardation community rehabilitation program;
3-4 (4) other community rehabilitation programs;
3-5 (5) representatives from central nonprofit agencies;
3-6 (6) representatives of disability advocacy groups;
3-7 (7) government purchasing agents with knowledge of
3-8 this chapter;
3-9 (8) private industry representatives with knowledge of
3-10 this chapter; and
3-11 (9) private citizens who have a disability and have
3-12 knowledge of the sale of products and services.
3-13 SECTION 4. Chapter 122, Human Resources Code, is amended by
3-14 adding Section 122.0095 to read as follows:
3-15 Sec. 122.0095. AGENCY COMPLIANCE; NONPROGRAM PURCHASING
3-16 REPORT. (a) Each state agency that purchases products or services
3-17 through a program under this chapter shall:
3-18 (1) designate an agency employee to ensure that the
3-19 agency complies with this chapter; and
3-20 (2) report to the commission and the council the
3-21 purchase of products or services available from a central nonprofit
3-22 agency or community rehabilitation program under this chapter, but
3-23 purchased from another business that is not a central nonprofit
3-24 agency or community rehabilitation program under this chapter.
3-25 (b) A report under this section may be based on a sampling
3-26 of purchases by the agency in an audit conducted after the
3-27 purchases.
4-1 (c) Information in the report under this section shall be
4-2 included with the exception reports provided under Section 122.016.
4-3 (d) The commission shall post the reports required by
4-4 Subsection (a)(2) on the commission's website.
4-5 SECTION 5. Section 122.012, Human Resources Code, is amended
4-6 by amending Subsection (a) and adding Subsection (d) to read as
4-7 follows:
4-8 (a) The commission shall provide legal[, clerical,
4-9 administrative,] and other necessary support to the council in
4-10 accordance with legislative appropriation. The commission shall
4-11 assign an upper-level management employee to ensure that the
4-12 commission meets the requirements of this chapter.
4-13 (d) The commission shall include the programs administered
4-14 under this chapter in the commission's procurement policy manuals.
4-15 SECTION 6. Section 122.013, Human Resources Code, is amended
4-16 by amending Subsection (a) and adding Subsection (c) to read as
4-17 follows:
4-18 (a) The council shall [may] adopt rules for the
4-19 implementation, extension, administration, or improvement of the
4-20 program authorized by this chapter in accordance with Chapter 2001,
4-21 Government Code.
4-22 (c) The council shall adopt rules to:
4-23 (1) address possible conflicts of interest for central
4-24 nonprofit agencies and community rehabilitation programs;
4-25 (2) establish a process for the certification of
4-26 community rehabilitation programs;
4-27 (3) establish a minimum percentage of disabled labor
5-1 an organization must employ to be considered a community
5-2 rehabilitation program under this chapter; and
5-3 (4) define the terms "value-added" and "direct labor"
5-4 for products manufactured and services provided that are offered
5-5 for sale under this chapter.
5-6 SECTION 7. Section 122.019, Human Resources Code, is amended
5-7 by amending Subsections (a), (d), (e), and (f) and adding
5-8 Subsections (g), (h), and (i) to read as follows:
5-9 (a) The council may select and contract with one or more
5-10 central nonprofit agencies through a request for proposals for a
5-11 period not to exceed five years. Once the selection process is
5-12 completed, the council shall contract with a central nonprofit
5-13 agency to:
5-14 (1) recruit and assist community rehabilitation
5-15 programs in developing and submitting applications for the
5-16 selection of suitable products and services;
5-17 (2) facilitate the distribution of orders among
5-18 community rehabilitation programs;
5-19 (3) manage and coordinate the day-to-day operation of
5-20 the program, including the general administration of contracts with
5-21 community rehabilitation programs; [and]
5-22 (4) promote increased supported employment
5-23 opportunities for persons with disabilities; and
5-24 (5) recruit and assist qualified nonprofit
5-25 organizations that are managed by members of racial minorities,
5-26 women, or persons with disabilities and that are in the process of
5-27 qualifying as community rehabilitation programs.
6-1 (d) At least once during each five-year [two-year] period,
6-2 the council may [shall] review and renegotiate the contract with a
6-3 central nonprofit agency. Not later than the 60th day before the
6-4 date the council adopts or renews a contract, the council shall
6-5 publish notice of the proposed contract in the Texas Register.
6-6 (e) The maximum management fee rate charged by a central
6-7 nonprofit agency for its services must be computed as a percentage
6-8 of the selling price of the product or the contract price of a
6-9 service, must be included in the selling price or contract price,
6-10 and must be paid at the time of sale. The management fee rate must
6-11 be approved by the council and must be reviewed on an annual basis.
6-12 (f) A percentage of the management fee described by
6-13 Subsection (e) shall be paid to the council and is subject to
6-14 Section 122.023. The percentage shall be set by the council in the
6-15 amount necessary to reimburse the general revenue fund for direct
6-16 and reasonable costs incurred by the commission, the council, and
6-17 the council staff in administering the council's [its] duties under
6-18 this chapter.
6-19 (g) The council may terminate a contract with a central
6-20 nonprofit agency if:
6-21 (1) the council finds substantial evidence of the
6-22 central nonprofit agency's noncompliance with contractual
6-23 obligations; and
6-24 (2) the council has provided at least 30 days' notice
6-25 to the central nonprofit agency of the termination of the contract.
6-26 (h) The council may request an audit by the state auditor
6-27 of:
7-1 (1) the management fee set by a central nonprofit
7-2 agency; or
7-3 (2) the financial condition of a central nonprofit
7-4 agency.
7-5 (i) A person may not operate a community rehabilitation
7-6 program and at the same time contract with the council as a central
7-7 nonprofit agency.
7-8 SECTION 8. Chapter 122, Human Resources Code, is amended by
7-9 adding Section 122.0205 to read as follows:
7-10 Sec. 122.0205. ALTERNATIVE DISPUTE RESOLUTION. (a) A
7-11 dispute between the council and a central nonprofit agency or a
7-12 community rehabilitation program shall first be submitted to
7-13 alternative dispute resolution.
7-14 (b) This section does not constitute authorization to sue
7-15 and does not modify the remedies available under other law.
7-16 (c) This section does not limit the council's ability to
7-17 request opinions from the attorney general.
7-18 SECTION 9. Chapter 122, Human Resources Code, is amended by
7-19 adding Section 122.0215 to read as follows:
7-20 Sec. 122.0215. ACCESS TO INFORMATION AND RECORDS. (a) The
7-21 council and the council's staff may access financial or other
7-22 information and records from a central nonprofit agency or a
7-23 community rehabilitation program if the council determines the
7-24 information and records are necessary for the effective
7-25 administration of this chapter and rules adopted under this
7-26 chapter.
7-27 (b) Information and records must be obtained under
8-1 Subsection (a) in recognition of the privacy interest of persons
8-2 employed by central nonprofit agencies or community rehabilitation
8-3 programs. The information and records may not be released or made
8-4 public on subpoena or otherwise, except that release may be made:
8-5 (1) for statistical purposes, but only if a person is
8-6 not identified;
8-7 (2) with the consent of each person identified in the
8-8 information released; or
8-9 (3) regarding a compensation package of any central
8-10 nonprofit agency employee or subcontractor if determined by the
8-11 council to be relevant to the administration of this chapter.
8-12 (c) The council shall adopt rules establishing procedures to
8-13 ensure that the information and records maintained by the council
8-14 under this chapter are kept confidential and protected from release
8-15 to unauthorized persons.
8-16 SECTION 10. Section 122.022(b), Human Resources Code, is
8-17 amended to read as follows:
8-18 (b) The report submitted under this section must [shall]
8-19 include:
8-20 (1) the number of persons with disabilities, according
8-21 to their type of disability, who are employed in community
8-22 rehabilitation programs participating in the programs established
8-23 by this chapter or who are employed by businesses or workshops that
8-24 receive supportive employment from community rehabilitation
8-25 programs;
8-26 (2) the amount of annual wages paid to a person
8-27 participating in the program;
9-1 (3) a summary of the sale of products offered by a
9-2 community rehabilitation program;
9-3 (4) a list of products and services offered by a
9-4 community rehabilitation program; [and]
9-5 (5) the geographic distribution of the community
9-6 rehabilitation programs;
9-7 (6) the number of nondisabled workers who are employed
9-8 in community rehabilitation programs under this chapter; and
9-9 (7) the average and range of weekly earnings for
9-10 disabled and nondisabled workers who are employed in community
9-11 rehabilitation programs under this chapter.
9-12 SECTION 11. This Act takes effect September 1, 2001.
9-13 SECTION 12. The changes in law made by this Act to Section
9-14 122.003, Human Resources Code, apply only to a member who is
9-15 appointed to serve on the Texas Council on Purchasing from People
9-16 with Disabilities on or after the effective date of this Act,
9-17 including a member who is appointed to fill a vacancy in an
9-18 unexpired term on or after the effective date of this Act. A
9-19 member of the Texas Council on Purchasing from People with
9-20 Disabilities who is serving on the council immediately before the
9-21 effective date of this Act is governed for the remainder of the
9-22 member's current term by Section 122.003, Human Resources Code, as
9-23 that statute existed immediately before the effective date of this
9-24 Act, and the former law is continued in effect for that purpose.