H.B. 677 78(R)    BILL ANALYSIS


H.B. 677
By: Dunnam
Human Services
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The Texas Council on Purchasing from People with Disabilities (Council)
oversees the State Use Program, which provides for the employment of
persons with disabilities in the production of products and services set
aside for state procurement.  More than 7,000 Texans with disabilities are
employed through the State Use Program at 150 community rehabilitation
programs across the state. In 2002, these individuals earned almost $24
million in wages.  These earnings may enable individuals to be more
independent and less reliant on government funded assistance. 

Recognizing the benefits of the State Use Program for both the individuals
employed and the state as a whole, the 77th Legislature made several
substantive changes to strengthen the Council's oversight of the State Use
Program and encourage agency compliance with program requirements. Despite
these efforts, the Sunset Commission found that the Council had not fully
implemented its oversight authority and was not using procurement
information to maximize agency participation in the program.  House Bill
677 would continue the Council and contains several provisions to clarify
the Council's authority in overseeing and promoting the State Use Program. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly delegated to the Texas Council on
Purchasing from People with Disabilities in SECTION 2 (Section 122.003,
Human Resources Code), SECTION 16 (122.030, Human Resources Code) and
SECTION 17 of this bill. 

ANALYSIS

HB 677 changes the "Commission" from the General Services Commission to
the Texas Building and Procurement Commission. Requires the Commission to
report to the Council any state agency that does not comply with
purchasing guidelines as identified through Commission audits or reviews
and to assist the Council in improving it compliance with reports prepared
by the Sunset Commission. 

The bill provides requirements for the composition of the Council, member
training, and member reimbursement. HB 677 also provides the
responsibilities of the Council, including: 
 
_adoption of rules establishing a formal certification procedure;
           
_dissemination of standards of conduct to Council officers and employees;

_development and implementation of policymaking and management roles;

_adoption of a complaint formal procedure in addition to negotiated
rulemaking and alternative dispute resolution procedures; 

_establishment of inspection procedures for compliance with certification
criteria; 

_adoption of procedures for review of inspection results and
recommendations for action; 

_adoption of a technology policy; and

 _adoption of program promotion procedures, a formal review process and
associated management fee rate.  

The bill authorizes the Council to delegate the administration of the
certification procedure to a central nonprofit agency. 

HB 677 requires the State Auditor to conduct audits of state agencies for
compliance with the State Use Program, to report to the Council any state
agency that is not in compliance, and to assist any agency with
compliance. 

HB 677 provides that unless the Council is continued in existence, it is
abolished after September 1, 2015. 

EFFECTIVE DATE

September 1, 2003