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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Texas Council on Purchasing from |
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People with Disabilities and certain contract requirements for |
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political subdivisions of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 122.003(a) and (b), Human Resources |
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Code, are amended to read as follows: |
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(a) The Texas Council on Purchasing from People with |
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Disabilities is composed of nine members selected from the |
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following categories who are appointed by the governor with the |
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advice and consent of the senate: |
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(1) private citizens conversant with the employment |
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needs of persons with disabilities, including blindness, and with |
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current experience in the pricing and marketing of goods and |
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services; |
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(2) representatives of community rehabilitation |
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programs that represent different disability groups, including |
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persons with blindness, and that provide or seek to provide |
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products produced or services performed by persons with |
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disabilities; |
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(3) representatives of state agencies or political |
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subdivisions that purchase a significant amount of products |
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produced or services performed by persons with disabilities; [and] |
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(4) persons with disabilities; and |
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(5) private industry representatives who have |
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knowledge of: |
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(A) this chapter; and |
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(B) the sale of products and services to state |
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agencies, including the Texas Department of Criminal Justice. |
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(b) The governor shall select two [three] members from the |
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category prescribed by Subsection (a)(1) and at least one member |
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from the other four [three] categories prescribed by Subsection |
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(a). To the extent possible, the governor shall attempt to ensure |
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that the categories prescribed by Subsections (a)(2)-(5) |
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[(a)(2)-(4)] are equally represented on the council. Members of |
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the council serve staggered terms of six years with the terms of |
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three members expiring on January 31 of each odd-numbered year. |
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Members may not receive compensation for their service on the |
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council, but they are entitled to reimbursement for actual and |
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necessary expenses incurred in performing their duties as members. |
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SECTION 2. Section 122.017, Human Resources Code, is |
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amended to read as follows: |
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Sec. 122.017. PROCUREMENT FOR POLITICAL SUBDIVISIONS. (a) A |
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product manufactured for sale to a political subdivision of this |
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state or an office or department of the political subdivision must |
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[thereof shall] be manufactured or produced according to |
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specifications developed by the purchaser. A political subdivision |
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of this state may purchase products or services for its use from |
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private businesses through its authorized purchasing procedures, |
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but may substitute equivalent products or services produced by |
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persons with disabilities under the provisions of this chapter. |
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Nothing in this chapter shall be construed to require a nonprofit |
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agency for persons with disabilities to engage in competitive |
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bidding. |
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(b) An open and binding contract between a political |
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subdivision of this state, or an office or department of the |
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political subdivision, and a private business may not be superseded |
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or canceled in favor of a nonprofit organization. |
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SECTION 3. A person who is serving as a member of the Texas |
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Council on Purchasing from People with Disabilities on the |
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effective date of this Act continues to serve until the person's |
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term expires. When a term expires or a vacancy on the council |
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occurs, the governor shall make appointments in accordance with |
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Section 122.003, Human Resources Code, as amended by this Act. |
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SECTION 4. Section 122.017(b), Human Resources Code, as |
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added by this Act, applies only to a contract entered into or |
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renewed on or after the effective date of this Act. A contract |
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entered into or renewed before the effective date of this Act is |
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governed by the law in effect on the date the contract was entered |
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into or renewed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |