77R10251 YDB-D
By Maxey, Gallego, Keel, Uher, Eiland, H.B. No. 1691
et al.
Substitute the following for H.B. No. 1691:
By Naishtat C.S.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. Sections 122.003(a) and (b), Human Resources Code,
1-6 are amended to read as follows:
1-7 (a) The Texas Council on Purchasing from People with
1-8 Disabilities is composed of nine [the following] members selected
1-9 from the following categories who are appointed by the governor
1-10 with the advice and consent of the senate:
1-11 (1) [three] private citizens conversant with the
1-12 employment needs of persons with disabilities, including blindness,
1-13 and with current experience in the pricing and marketing of goods
1-14 and services;
1-15 (2) [three] representatives of community
1-16 rehabilitation programs that represent different disability groups,
1-17 including persons with blindness, and that provide or seek to
1-18 provide products produced or services performed by persons with
1-19 disabilities; [and]
1-20 (3) [three] representatives of state agencies or
1-21 political subdivisions that purchase a significant amount of
1-22 products produced or services performed by persons with
1-23 disabilities; and
1-24 (4) persons with disabilities.
2-1 (b) The governor shall select at least one member from each
2-2 category prescribed by Subsection (a). To the extent possible,
2-3 the governor shall attempt to ensure each category is
2-4 proportionately represented on the council. Members of the council
2-5 serve staggered terms of six years with the terms of three members
2-6 expiring on January 31 of each odd-numbered year. Members may not
2-7 receive compensation for their service on the council, but they are
2-8 entitled to reimbursement for actual and necessary expenses
2-9 incurred in performing their duties as members.
2-10 SECTION 2. Chapter 122, Human Resources Code, is amended by
2-11 adding Section 122.0055 to read as follows:
2-12 Sec. 122.0055. COUNCIL STAFF. (a) The council may employ
2-13 staff as necessary to carry out the council's duties.
2-14 (b) The staff shall provide:
2-15 (1) management oversight for the administration of
2-16 this chapter; and
2-17 (2) policy guidance and administrative support to the
2-18 council.
2-19 SECTION 3. Chapter 122, Human Resources Code, is amended by
2-20 adding Section 122.0057 to read as follows:
2-21 Sec. 122.0057. ADVISORY COMMITTEE. (a) The council may
2-22 establish an advisory committee if the council considers the
2-23 committee necessary. The membership of the committee is determined
2-24 by the council.
2-25 (b) The council shall specify the purpose and duties of the
2-26 advisory committee, which must include:
2-27 (1) reviewing the effectiveness of the program
3-1 administered under this chapter; and
3-2 (2) recommending procedures to create higher skilled
3-3 and higher paying employment opportunities.
3-4 (c) Members of an advisory committee serve at the will of
3-5 the council. The council may dissolve an advisory committee when
3-6 appropriate.
3-7 SECTION 4. Chapter 122, Human Resources Code, is amended by
3-8 adding Section 122.0095 to read as follows:
3-9 Sec. 122.0095. AGENCY COMPLIANCE; NONPROGRAM PURCHASING
3-10 REPORT. (a) Each state agency that purchases products or services
3-11 through a program under this chapter shall:
3-12 (1) designate an agency employee to ensure that the
3-13 agency complies with this chapter; and
3-14 (2) report to the commission and the council the
3-15 purchase of products or services available from a central nonprofit
3-16 agency or community rehabilitation program under this chapter, but
3-17 purchased from another business that is not a central nonprofit
3-18 agency or community rehabilitation program under this chapter.
3-19 (b) A report under this section may be based on a sampling
3-20 of purchases by the agency in an audit conducted after the
3-21 purchases.
3-22 (c) Information in the report under this section shall be
3-23 included with the exception reports provided under Section 122.016.
3-24 (d) The commission shall post the reports required by
3-25 Subsection (a)(2) on the commission's website.
3-26 SECTION 5. Section 122.012, Human Resources Code, is amended
3-27 by amending Subsection (a) and adding Subsection (d) to read as
4-1 follows:
4-2 (a) The commission shall provide legal[, clerical,
4-3 administrative,] and other necessary support to the council in
4-4 accordance with legislative appropriation. The commission shall
4-5 assign an upper-level management employee to ensure that the
4-6 commission meets the requirements of this chapter.
4-7 (d) The commission shall include the programs administered
4-8 under this chapter in the commission's procurement policy manuals.
4-9 SECTION 6. Section 122.013, Human Resources Code, is amended
4-10 by amending Subsection (a) and adding Subsections (c) and (d) to
4-11 read as follows:
4-12 (a) The council shall [may] adopt rules for the
4-13 implementation, extension, administration, or improvement of the
4-14 program authorized by this chapter in accordance with Chapter 2001,
4-15 Government Code.
4-16 (c) The council shall adopt rules to:
4-17 (1) address possible conflicts of interest for central
4-18 nonprofit agencies and community rehabilitation programs;
4-19 (2) establish a process for the certification of
4-20 community rehabilitation programs;
4-21 (3) establish a minimum percentage of disabled labor
4-22 an organization must employ to be considered a community
4-23 rehabilitation program under this chapter; and
4-24 (4) define the terms "value-added" and "direct labor"
4-25 for products manufactured and services provided that are offered
4-26 for sale under this chapter.
4-27 (d) The council may adopt rules to encourage cooperative
5-1 efforts between community rehabilitation programs and other
5-2 nonprofit or for-profit organizations.
5-3 SECTION 7. Section 122.019, Human Resources Code, is amended
5-4 by amending Subsections (a), (d), (e), and (f) and adding
5-5 Subsections (g) and (h) to read as follows:
5-6 (a) The council may select and contract with one or more
5-7 central nonprofit agencies through a competitive bidding process or
5-8 a request for proposals for a period not to exceed five years.
5-9 Once the selection process is completed, the council shall contract
5-10 with a central nonprofit agency to:
5-11 (1) recruit and assist community rehabilitation
5-12 programs in developing and submitting applications for the
5-13 selection of suitable products and services;
5-14 (2) facilitate the distribution of orders among
5-15 community rehabilitation programs;
5-16 (3) manage and coordinate the day-to-day operation of
5-17 the program, including the general administration of contracts with
5-18 community rehabilitation programs; and
5-19 (4) promote increased supported employment
5-20 opportunities for persons with disabilities.
5-21 (d) At least once during each five-year [two-year] period,
5-22 the council may [shall] review and renegotiate the contract with a
5-23 central nonprofit agency. Not later than the 60th day before the
5-24 date the council adopts or renews a contract, the council shall
5-25 publish notice of the proposed contract in the Texas Register.
5-26 (e) The maximum management fee rate charged by a central
5-27 nonprofit agency for its services must be computed as a percentage
6-1 of the selling price of the product or the contract price of a
6-2 service, must be included in the selling price or contract price,
6-3 and must be paid at the time of sale. The management fee rate must
6-4 be approved by the council and must be reviewed on an annual basis.
6-5 (f) A percentage of the management fee described by
6-6 Subsection (e) shall be paid to the council and is subject to
6-7 Section 122.023. The percentage shall be set by the council in the
6-8 amount necessary to reimburse the general revenue fund for direct
6-9 and reasonable costs incurred by the commission, the council, and
6-10 the council staff in administering the council's [its] duties under
6-11 this chapter.
6-12 (g) The council may terminate a contract with a central
6-13 nonprofit agency if:
6-14 (1) the council finds substantial evidence of the
6-15 central nonprofit agency's noncompliance with contractual
6-16 obligations; and
6-17 (2) the council has provided at least 30 days' notice
6-18 to the central nonprofit agency of the termination of the contract.
6-19 (h) The council may request an audit by the state auditor
6-20 of:
6-21 (1) the management fee set by a central nonprofit
6-22 agency; or
6-23 (2) the financial condition of a central nonprofit
6-24 agency.
6-25 SECTION 8. Chapter 122, Human Resources Code, is amended by
6-26 adding Section 122.0205 to read as follows:
6-27 Sec. 122.0205. ALTERNATIVE DISPUTE RESOLUTION. (a) A
7-1 dispute between the council and a central nonprofit agency or a
7-2 community rehabilitation program shall first be submitted to
7-3 alternative dispute resolution.
7-4 (b) This section does not constitute authorization to sue
7-5 and does not modify the remedies available under other law.
7-6 (c) This section does not limit the council's ability to
7-7 request opinions from the attorney general.
7-8 SECTION 9. Chapter 122, Human Resources Code, is amended by
7-9 adding Section 122.0215 to read as follows:
7-10 Sec. 122.0215. ACCESS TO INFORMATION AND RECORDS. (a) The
7-11 council and the council's staff may access financial or other
7-12 information and records from a central nonprofit agency or a
7-13 community rehabilitation program if the council determines the
7-14 information and records are necessary for the effective
7-15 administration of this chapter and rules adopted under this
7-16 chapter.
7-17 (b) Information and records must be obtained under
7-18 Subsection (a) in recognition of the privacy interest of persons
7-19 employed by central nonprofit agencies or community rehabilitation
7-20 programs. The information and records may not be released or made
7-21 public on subpoena or otherwise, except that release may be made:
7-22 (1) for statistical purposes, but only if a person is
7-23 not identified;
7-24 (2) with the consent of each person identified in the
7-25 information released; or
7-26 (3) regarding a compensation package of any central
7-27 nonprofit agency employee or subcontractor if determined by the
8-1 council to be relevant to the administration of this chapter.
8-2 (c) The council shall adopt rules establishing procedures to
8-3 ensure that the information and records maintained by the council
8-4 under this chapter are kept confidential and protected from release
8-5 to unauthorized persons.
8-6 SECTION 10. Section 122.022(b), Human Resources Code, is
8-7 amended to read as follows:
8-8 (b) The report submitted under this section must [shall]
8-9 include:
8-10 (1) the number of persons with disabilities, according
8-11 to their type of disability, who are employed in community
8-12 rehabilitation programs participating in the programs established
8-13 by this chapter or who are employed by businesses or workshops that
8-14 receive supportive employment from community rehabilitation
8-15 programs;
8-16 (2) the amount of annual wages paid to a person
8-17 participating in the program;
8-18 (3) a summary of the sale of products offered by a
8-19 community rehabilitation program;
8-20 (4) a list of products and services offered by a
8-21 community rehabilitation program; [and]
8-22 (5) the geographic distribution of the community
8-23 rehabilitation programs;
8-24 (6) the number of nondisabled workers who are employed
8-25 in community rehabilitation programs under this chapter; and
8-26 (7) the average and range of weekly earnings for
8-27 disabled and nondisabled workers who are employed in community
9-1 rehabilitation programs under this chapter.
9-2 SECTION 11. This Act takes effect September 1, 2001.
9-3 SECTION 12. The changes in law made by this Act to Section
9-4 122.003, Human Resources Code, apply only to a member who is
9-5 appointed to serve on the Texas Council on Purchasing from People
9-6 with Disabilities on or after the effective date of this Act,
9-7 including a member who is appointed to fill a vacancy in an
9-8 unexpired term on or after the effective date of this Act. A
9-9 member of the Texas Council on Purchasing from People with
9-10 Disabilities who is serving on the council immediately before the
9-11 effective date of this Act is governed for the remainder of the
9-12 member's current term by Section 122.003, Human Resources Code, as
9-13 that statute existed immediately before the effective date of this
9-14 Act, and the former law is continued in effect for that purpose.