S.B. 261 78(R)    BILL ANALYSIS


S.B. 261
By: Shapleigh
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. Recognizing the benefits of the State Use Program, 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. As proposed, Senate Bill 261 would
continue the council, require the council and the Texas Building and
Procurement Commission to promote the State Use Program and agency
compliance with program requirements, and enhance State Use Program
accountability through increased oversight of the central nonprofit agency
and community rehabilitation programs. 

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 261 amends the Human Resources Code to redefine "commission."
The bill requires the governor to select three members from the category
prescribed and at least one member from the other three categories
prescribed rather than at least one member from each category. The bill
requires the governor, to the extent possible, to attempt to ensure that
the categories prescribed are equally represented on the Texas Council on
Purchasing from People with Disabilities (council). The bill requires the
council to adopt rules establishing a formal certification procedure for
recognition and approval of community rehabilitation programs, requiring
the procedure to include a committee composed of three council members
appointed by the presiding officer to review certification applications of
community rehabilitation programs and issue recommendations to the
council. The bill authorizes the council to delegate the administration of
the procedure established to a central nonprofit agency but prohibits the
council from delegating the authority to certify a community
rehabilitation program under this section. The bill requires the presiding
officer of the council or the presiding officer's designee to provide
information to council employees information relating to standards of
conduct.  

SB 261 provides that a person who is appointed to and qualifies for office
as a member of the council may not vote, deliberate, or be counted as a
member in attendance at a meeting of the council until the person
completes a training program that complies with this section, deleting
text regarding the completion of a course. The bill requires the training
program to provide the person with certain information, and provides that
a person appointed to the council is entitled to reimbursement, as
provided by the General Appropriations Act, for the travel expenses
incurred in attending the training program regardless of whether the
attendance at the program occurs before or after the person qualifies for
office. The bill requires the council to develop and implement policies
that clearly separate the policymaking responsibilities of the council and
the management responsibilities of the staff of the council. The bill
requires the continuation of the council for a 12-year period until
September 1, 2015.  SB 261 requires the council to review the information
contained in the reports under this section and Sections 122.012 and
122.016.  
 
SB 261 requires the Texas Building and Procurement Commission (TBPC) to
assist the council in reviewing and analyzing the reports in order to
improve state agency compliance with this chapter. The bill requires TBPC,
after any audit or review TBPC conducts with regard to state agency
compliance with purchasing laws and procedures, to report to the council a
state agency that is not complying with this chapter. The bill requires
the complaint information file kept by the council to include certain
information and deletes current language in existing text related the
information file containing complaints regarding a product or service
offered by a community rehabilitation program.  

SB 261 requires the council to provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of the
council's policies and procedures relating to complaint investigation and
resolution. The bill requires the council to develop and implement a
policy to encourage the use of certain procedures and requires the
council's procedures relating to alternative dispute resolution to conform
to any model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state agencies.  

SB 261 authorizes the council or a central nonprofit agency at the
council's direction to inspect a community rehabilitation program for
compliance with certification criteria established, requiring the
committee to review the inspection results and recommend appropriate
action to the council. The bill requires the council to develop and
implement a policy requiring the staff of the council or a central
nonprofit agency to research and propose appropriate technological
solutions to improve the council's ability to perform its functions and to
ensure that certain criteria are met. The bill requires the council to
establish procedures for the promotion of the program.  

SB 261 requires the state auditor, as part of an audit of a state agency
to perform certain duties. The bill requires the council, if the state
auditor reports to the council that a state agency is not complying with
this chapter, to assist the agency in complying. The bill requires the
council to develop a formal review process for the annual review
conducted, and for the review process to include certain information. The
bill requires the council, before making a decision relating to the
management fee rate, to consider certain information.  

SB 261 requires the council to adopt rules to implement this section by
January 1, 2004, making application of the changes in law made by this Act
in the prohibitions or qualifications applying to members of the council
prospective. The bill requires the governor, as the terms of members of
the Texas Council on Purchasing from People with Disabilities expire or as
vacancies on the council occur, to make appointments to the council to
achieve as soon as possible the membership plan prescribed for the
council.  

EFFECTIVE DATE

September 1, 2003.