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  84R4534 TSR-D
 
  By: Burkett H.B. No. 1989
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the abolishment of the Texas Council on Purchasing from
  People with Disabilities and the transfer of its functions to the
  comptroller of public accounts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 2155.138(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The competitive bidding provisions of this chapter do
  not apply to a state purchase of goods or services that:
               (1)  are made or provided by blind or visually impaired
  persons;
               (2)  are offered for sale to a state agency through
  efforts made under Chapter 122, Human Resources Code [law by the
  Texas Council on Purchasing from People with Disabilities];
               (3)  meet state specifications for quantity, quality,
  delivery, and life cycle costs; and
               (4)  cost not more than the fair market price of similar
  items.
         (b)  The comptroller [council] shall test the goods and
  services to the extent necessary to ensure quality. The
  comptroller [council] may enter into a contract with a private or
  public entity to assist with testing.
         SECTION 2.  The heading to Chapter 122, Human Resources
  Code, is amended to read as follows:
  CHAPTER 122. [TEXAS COUNCIL ON] PURCHASING FROM PEOPLE WITH
  DISABILITIES
         SECTION 3.  Section 122.0057, Human Resources Code, is
  amended to read as follows:
         Sec. 122.0057.  ADVISORY COMMITTEE.  (a)  The comptroller
  shall [council may] establish an advisory committee to assist the
  comptroller in establishing:
               (1)  performance goals for the program administered
  under this chapter; and
               (2)  criteria for certifying a community
  rehabilitation program for participation in the program
  administered under this chapter [if the council considers the
  committee necessary. The membership of the committee is determined
  by the council].
         (b)  The advisory committee consists of nine members
  appointed by the comptroller as follows:
               (1)  two representatives from community rehabilitation
  programs that participate in the program administered under this
  chapter;
               (2)  three representatives from organizations that
  advocate for persons with disabilities;
               (3)  one representative from a state agency that
  provides vocational rehabilitation services to persons with
  disabilities; and
               (4)  three persons with disabilities, one of whom is
  employed by a community rehabilitation program that participates in
  the program administered under this chapter [The council shall
  specify the purpose and duties of the advisory committee, which
  must include:
               [(1)     reviewing the effectiveness of the program
  administered under this chapter; and
               [(2)     recommending procedures to create higher skilled
  and higher paying employment opportunities].
         (c)  Members of the [an] advisory committee serve at the will
  of the comptroller [council. The council may dissolve an advisory
  committee when appropriate].
         (d)  The comptroller shall appoint a presiding officer from
  among the advisory committee members [The council shall make
  reasonable attempts to have balanced representation on all advisory
  committees, including attempting to seek representation from:
               [(1)     the Lighthouse for the Blind community
  rehabilitation programs;
               [(2)  the Goodwill community rehabilitation programs;
               [(3)     the Texas Department of Mental Health and Mental
  Retardation community rehabilitation program;
               [(4)  other community rehabilitation programs;
               [(5)  representatives from central nonprofit agencies;
               [(6)  representatives of disability advocacy groups;
               [(7)     government purchasing agents with knowledge of
  this chapter;
               [(8)     private industry representatives with knowledge
  of this chapter; and
               [(9)     private citizens who have a disability and have
  knowledge of the sale of products and services].
         (e)  The members of the advisory committee serve staggered
  four-year terms, with the terms of either four or five members
  expiring February 1 of each odd-numbered year. A member may not
  serve more than two terms.
         (f)  A vacancy on the committee shall be filled in the same
  manner as the original appointment for that position.
         (g)  The advisory committee shall meet at the call of the
  presiding officer.
         (h)  The advisory committee shall:
               (1)  establish specific objectives for the program
  administered under this chapter that are appropriate given the
  program's status as one of several employment-related services this
  state offers to persons with disabilities;
               (2)  develop performance measures that may be used by
  the comptroller to evaluate whether the program is meeting the
  objectives established under Subdivision (1); and
               (3)  recommend criteria for certifying community
  rehabilitation programs for participation in the program.
         (i)  In developing the performance measures under Subsection
  (h), the advisory committee must consider the following factors as
  applicable to the program administered under this chapter:
               (1)  the percentage of total sales revenue attributable
  to the program:
                     (A)  paid in wages to persons with disabilities;
  and
                     (B)  spent on direct training and professional
  development services for persons with disabilities;
               (2)  the average hourly wage earned by a person
  participating in the program;
               (3)  the average annual salary earned by a person
  participating in the program;
               (4)  the number of persons with disabilities
  participating in the program paid less than minimum wage;
               (5)  the average number of hours worked each week by a
  person with a disability who participates in the program;
               (6)  the percentage of persons with disabilities who
  participate in the program and who are placed into competitive
  positions, including competitive management or administrative
  positions within community rehabilitation programs; and
               (7)  the percentage of work performed by persons with
  disabilities who participate in the program that is purely
  repackaging labor.
         (j)  The advisory committee shall meet at the call of the
  presiding officer at least once each fiscal year to review and, if
  necessary, recommend changes to program objectives, performance
  measures, and criteria established under Subsection (h).
         (k)  The advisory committee shall provide input to the
  comptroller in adopting rules applicable to the program
  administered under this chapter relating to the employment-first
  policies described by Sections 531.02447 and 531.02448, Government
  Code.
         (l)  The advisory committee may request administrative
  support from the comptroller. The comptroller shall provide the
  requested assistance.
         (m)  The advisory committee is not subject to Chapter 2110,
  Government Code.
         SECTION 4.  Chapter 122, Human Resources Code, is amended by
  adding Section 122.0058 to read as follows:
         Sec. 122.0058.  APPLICATION OF OPEN MEETINGS LAW, OPEN
  RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY
  COMMITTEE. The advisory committee established under Section
  122.0057 is subject to the requirements of the open meetings law,
  Chapter 551, Government Code, the open records law, Chapter 552,
  Government Code, and Chapter 2001, Government Code.
         SECTION 5.  Sections 122.007(a), (c), (d), and (e), Human
  Resources Code, are amended to read as follows:
         (a)  The comptroller [council] shall determine the fair
  market price of all products and services manufactured or provided
  by persons with disabilities and offered for sale to the various
  agencies and departments of the state and its political
  subdivisions by a community rehabilitation program participating
  in the program administered under this chapter. The comptroller
  [council] shall ensure that the products and services offered for
  sale offer the best value for the state or a political subdivision.
         (c)  The comptroller [council] shall revise the prices
  periodically to reflect changing market conditions.
         (d)  Before offering for sale products and services
  manufactured or provided by persons with disabilities to state
  agencies and political subdivisions, the comptroller [council]
  shall test the goods and services in accordance with Section
  2155.069, Government Code, to the extent necessary to ensure
  quality. The comptroller [council] may enter into a contract with a
  private or public entity to assist with testing. The comptroller 
  [commission] shall make awards under this section based on proposed
  goods and services meeting formal state specifications developed by
  the comptroller [commission] or meeting commercial specifications
  approved by the comptroller [commission].
         (e)  Requisitions for products and services required by
  state agencies are processed by the comptroller [commission]
  according to rules established by the comptroller [commission].
         SECTION 6.  Section 122.008, Human Resources Code, is
  amended to read as follows:
         Sec. 122.008.  PROCUREMENT AT DETERMINED PRICE. A suitable
  product or service that meets applicable specifications
  established by the state or its political subdivisions and that is
  available within the time specified must be procured from a
  community rehabilitation program at the price determined by the
  comptroller [council] to be the fair market price under Section
  122.007.
         SECTION 7.  Sections 122.009(a) and (b), Human Resources
  Code, are amended to read as follows:
         (a)  The records of the comptroller [council] and of a
  central nonprofit agency shall, to the extent that the records
  pertain specifically to state purchases of the products and
  services of persons with disabilities, be made available upon
  request to the inspection of representatives of the state auditor,
  the governor's budget office, or the Legislative Budget Board. The
  inspection of the records shall be conducted with due regard to the
  privacy rights of persons with disabilities. A document that is
  available for inspection under this subsection is an open record
  for purposes of Chapter 552, Government Code.
         (b)  The comptroller shall maintain [commission is the
  depository for] all records concerning the comptroller's
  [council's] operations under this chapter.
         SECTION 8.  Sections 122.0095(a), (d), and (e), Human
  Resources Code, are amended to read as follows:
         (a)  Each state agency that purchases products or services
  through a program under this chapter shall:
               (1)  designate an agency employee to ensure that the
  agency complies with this chapter; and
               (2)  report to the comptroller [commission and the
  council] the purchase of products or services available from a
  central nonprofit agency or community rehabilitation program under
  this chapter, but purchased from another business that is not a
  central nonprofit agency or community rehabilitation program under
  this chapter.
         (d)  The comptroller [commission] shall post the reports
  required by Subsection (a)(2) on the comptroller's [commission's]
  website.
         (e)  The comptroller [council] shall review and analyze the
  information contained in the reports under this section and
  Sections 122.012 and 122.016[. The commission shall assist the
  council in reviewing and analyzing the reports] in order to improve
  state agency compliance with this chapter.
         SECTION 9.  Section 122.010, Human Resources Code, is
  amended to read as follows:
         Sec. 122.010.  COOPERATION WITH DEPARTMENT OF CRIMINAL
  JUSTICE. The comptroller [council] may cooperate with the Texas
  Department of Criminal Justice to accomplish the purposes of this
  chapter and to contribute to the economy of state government.  The
  comptroller [council] and the department may enter into contractual
  agreements, cooperative working relationships, or other
  arrangements necessary for effective coordination and the
  realization of the objectives of both entities.
         SECTION 10.  Section 122.011, Human Resources Code, is
  amended to read as follows:
         Sec. 122.011.  CORRELATION WITH RELATED FEDERAL PROGRAMS.
  The comptroller [council] may adopt procedures, practices, and
  standards used for federal programs similar to the state program
  established in this chapter.
         SECTION 11.  Section 122.012, Human Resources Code, is
  amended to read as follows:
         Sec. 122.012.  DUTIES OF COMPTROLLER [COMMISSION];
  INTERAGENCY COOPERATION.  (a)  The comptroller [commission] shall
  perform the comptroller's duties under this chapter with assistance
  from the advisory committee established under Section 122.0057 
  [provide legal and other necessary support to the council] in
  accordance with legislative appropriation[. The commission shall
  assign an upper-level management employee to ensure that the
  commission meets the requirements of this chapter].
         (b)  State agencies responsible for the provision of
  rehabilitation and related services to persons with disabilities
  shall cooperate with the comptroller [council] in the operation of
  the program. The Department of Assistive and Rehabilitative
  Services [Texas Commission for the Blind, the Texas Rehabilitation
  Commission,] and other state human services agencies responsible
  for assisting persons with disabilities may, through written
  agreements or interagency contracts, provide space, storage,
  logistical support, consultation, expert services, communications
  services, or financial assistance with respect to any function or
  responsibility of the comptroller under this chapter [council].
         (c)  The comptroller [commission] or a state agency may not
  assume the marketing or fiscal responsibility for the expense of
  marketing the products and services of persons with disabilities
  under the program.
         (d)  The comptroller [commission] shall include the programs
  administered under this chapter in the comptroller's [commission's]
  procurement policy manuals.
         (e)  After any audit or review the comptroller [commission]
  conducts with regard to state agency compliance with purchasing
  laws and procedures, the comptroller [commission] shall assist 
  [report to the council] a state agency that is not complying with
  this chapter to comply with this chapter.
         SECTION 12.  Sections 122.013(a) and (c), Human Resources
  Code, are amended to read as follows:
         (a)  The comptroller [council] shall adopt rules for the
  implementation, extension, administration, or improvement of the
  program authorized by this chapter in accordance with Chapter 2001,
  Government Code.
         (c)  The comptroller [council] shall adopt rules to:
               (1)  address possible conflicts of interest for central
  nonprofit agencies and community rehabilitation programs;
               (2)  establish a process for the certification of
  community rehabilitation programs;
               (3)  establish a minimum percentage of disabled labor
  an organization must employ to be considered a community
  rehabilitation program under this chapter; and
               (4)  define the terms "value-added" and "direct labor"
  for products manufactured and services provided that are offered
  for sale under this chapter.
         SECTION 13.  Section 122.014, Human Resources Code, is
  amended to read as follows:
         Sec. 122.014.  PRODUCT SPECIFICATIONS. Except as otherwise
  provided by this section, a product manufactured for sale through
  the comptroller [commission] to any office, department,
  institution, or agency of the state under this chapter shall be
  manufactured or produced according to specifications developed by
  the comptroller [commission]. If the comptroller [commission] has
  not adopted specifications for a particular product, the production
  shall be based on commercial or federal specifications in current
  use by industry for the manufacture of the product for sale to the
  state.
         SECTION 14.  Section 122.015(a), Human Resources Code, is
  amended to read as follows:
         (a)  In determining the fair market value of products or
  services offered for sale under this chapter, the comptroller
  [subcommittee established under Section 122.007(b) and the
  council] shall give due consideration to the following type of
  factors:
               (1)  to the extent applicable, the amounts being paid
  for similar articles in similar quantities by federal agencies
  purchasing the products or services under the authorized federal
  program of like effect to the state program authorized by this
  chapter;
               (2)  the amounts which private business would pay for
  similar products or services in similar quantities if purchasing
  from a reputable corporation engaged in the business of selling
  similar products or services;
               (3)  to the extent applicable, the amount paid by the
  state in any recent purchases of similar products or services in
  similar quantities, making due allowance for general inflationary
  or deflationary trends;
               (4)  the actual cost of manufacturing the product or
  performing a service at a community rehabilitation program offering
  employment services on or off premises to persons with
  disabilities, with adequate weight to be given to legal and moral
  imperatives to pay workers with disabilities equitable wages; and
               (5)  the usual, customary, and reasonable costs of
  manufacturing, marketing, and distribution.
         SECTION 15.  Section 122.016, Human Resources Code, is
  amended to read as follows:
         Sec. 122.016.  EXCEPTIONS.  (a)  Exceptions from the
  operation of the mandatory provisions of Section 122.014 may be
  made in any case where:
               (1)  under the rules of the comptroller [commission],
  the product or service so produced or provided does not meet the
  reasonable requirements of the office, department, institution, or
  agency; or
               (2)  the requisitions made cannot be reasonably
  complied with through provision of products or services produced by
  persons with disabilities.
         (b)  Each month, the comptroller [commission] shall prepare 
  [provide the council with] a list of all items purchased under the
  exception provided by Subsection (a) [of this section]. The
  comptroller [council] shall adopt the form in which the list is to
  be provided and may include in [require] the list [to include] the
  date of requisition, the type of product or service requested, the
  reason for purchase under the exception, and any other information
  that the comptroller [council] considers relevant to a
  determination of why the product or service was not purchased in
  accordance with Section 122.014.
         (c)  No office, department, institution, or agency may evade
  the intent of this section by slight variations from standards
  adopted by the comptroller [commission], when the products or
  services produced or provided by persons with disabilities, in
  accordance with established standards, are reasonably adapted to
  the actual needs of the office, department, institution, or agency.
         SECTION 16.  Section 122.019, Human Resources Code, is
  amended to read as follows:
         Sec. 122.019.  CENTRAL NONPROFIT AGENCY. (a) The
  comptroller [council] may select and contract with one or more
  central nonprofit agencies through a request for proposals for a
  period not to exceed five years. Once the selection process is
  completed, the comptroller [council] shall contract with a central
  nonprofit agency to:
               (1)  recruit and assist community rehabilitation
  programs in developing and submitting applications for the
  selection of suitable products and services;
               (2)  facilitate the distribution of orders among
  community rehabilitation programs;
               (3)  manage and coordinate the day-to-day operation of
  the program, including the general administration of contracts with
  community rehabilitation programs;
               (4)  promote increased supported employment
  opportunities for persons with disabilities; and
               (5)  recruit and assist qualified nonprofit
  organizations that are managed by members of racial minorities,
  women, or persons with disabilities and that are in the process of
  qualifying as community rehabilitation programs.
         (b)  The services of a central nonprofit agency may include
  marketing and marketing support services, such as:
               (1)  assistance to community rehabilitation programs
  regarding solicitation and negotiation of contracts;
               (2)  direct marketing of products and services to
  consumers;
               (3)  research and development of products and services;
               (4)  public relations activities to promote the
  program;
               (5)  customer relations;
               (6)  education and training;
               (7)  accounting services related to purchase orders,
  invoices, and payments to community rehabilitation programs; and
               (8)  other duties designated by the comptroller
  [council].
         (c)  Each year, the comptroller [council] shall review
  services provided by a central nonprofit agency and the revenues
  required to accomplish the program to determine whether each
  agency's performance complies with contractual specifications.
  Not later than the 60th day before the review, the comptroller
  [council] shall publish in the Texas Register a request for comment
  on the services of a central nonprofit agency that participates in
  community rehabilitation programs.
         (d)  At least once during each five-year period, the
  comptroller [council] may review and renegotiate the contract with
  a central nonprofit agency. Not later than the 60th day before the
  date the comptroller [council] adopts or renews a contract, the
  comptroller [council] shall publish notice of the proposed contract
  in the Texas Register.
         (e)  The comptroller shall determine the best method to
  structure the maximum management fee rate charged by a central
  nonprofit agency for its services [must be computed as a percentage
  of the selling price of the product or the contract price of a
  service, must be included in the selling price or contract price,
  and must be paid at the time of sale]. The management fee rate must
  be [approved by the council and must be] reviewed on an annual
  basis.
         (f)  A percentage of the management fee described by
  Subsection (e) shall be paid to the comptroller [council] and is
  subject to Section 122.023. The percentage shall be set by the
  comptroller [council] in the amount necessary to reimburse the
  general revenue fund for direct and reasonable costs incurred by
  the comptroller [commission, the council, and the council staff] in
  administering the comptroller's [council's] duties under this
  chapter, including any costs associated with providing support to
  the advisory committee.
         (g)  The comptroller [council] may terminate a contract with
  a central nonprofit agency if:
               (1)  the comptroller [council] finds substantial
  evidence of the central nonprofit agency's noncompliance with
  contractual obligations; and
               (2)  the comptroller [council] has provided at least 30
  days' notice to the central nonprofit agency of the termination of
  the contract.
         (h)  The comptroller [council] may request an audit by the
  state auditor of:
               (1)  the management fee set by a central nonprofit
  agency; or
               (2)  the financial condition of a central nonprofit
  agency.
         (i)  A person may not operate a community rehabilitation
  program and at the same time contract with the comptroller
  [council] as a central nonprofit agency.
         SECTION 17.  Section 122.020, Human Resources Code, is
  amended to read as follows:
         Sec. 122.020.  CONSUMER INFORMATION; COMPLAINTS. (a) The
  comptroller [council] shall prepare information of consumer
  interest describing the activities of the comptroller under this
  chapter [council] and describing the comptroller's [council's]
  procedures by which consumer complaints are filed with and resolved
  by the comptroller under this chapter [council]. The comptroller
  [council] shall make the information available to the general
  public and appropriate state agencies.
         (b)  The comptroller [council] shall keep an information
  file about each complaint filed with the comptroller [council]. The
  file must include:
               (1)  the name of the person who filed the complaint;
               (2)  the date the complaint is received by the
  comptroller [council];
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the comptroller [council] closed the file without taking action
  other than to investigate the complaint.
         (c)  If a written complaint is filed with the comptroller
  [council], the comptroller [council], at least as frequently as
  quarterly and until final disposition of the complaint, shall
  notify the parties to the complaint of the status of the complaint
  unless the notice would jeopardize an undercover investigation.
         (d)  The comptroller [council] shall provide to the person
  filing the complaint and to each person who is a subject of the
  complaint a copy of the comptroller's [council's] policies and
  procedures relating to complaint investigation and resolution.
         SECTION 18.  Sections 122.0205(a) and (c), Human Resources
  Code, are amended to read as follows:
         (a)  A dispute between the comptroller [council] and a
  central nonprofit agency or a community rehabilitation program
  shall first be submitted to alternative dispute resolution.
         (c)  This section does not limit the comptroller's
  [council's] ability to request opinions from the attorney general.
         SECTION 19.  Section 122.0215, Human Resources Code, is
  amended to read as follows:
         Sec. 122.0215.  ACCESS TO INFORMATION AND RECORDS;
  INSPECTION.  (a)  The comptroller [council] and the comptroller's
  [council's] staff may access financial or other information and
  records from a central nonprofit agency or a community
  rehabilitation program if the comptroller [council] determines the
  information and records are necessary for the effective
  administration of this chapter and rules adopted under this
  chapter.
         (b)  Information and records must be obtained under
  Subsection (a) in recognition of the privacy interest of persons
  employed by central nonprofit agencies or community rehabilitation
  programs. The information and records may not be released or made
  public on subpoena or otherwise, except that release may be made:
               (1)  for statistical purposes, but only if a person is
  not identified;
               (2)  with the consent of each person identified in the
  information released; or
               (3)  regarding a compensation package of any central
  nonprofit agency employee or subcontractor if determined by the
  comptroller [council] to be relevant to the administration of this
  chapter.
         (c)  The comptroller [council] shall adopt rules
  establishing procedures to ensure that the information and records
  maintained by the comptroller [council] under this chapter are kept
  confidential and protected from release to unauthorized persons.
         (d)  The comptroller [council] or a central nonprofit agency
  at the comptroller's [council's] direction may inspect a community
  rehabilitation program for compliance with certification criteria
  established under Section [Sections 122.003(j) and] 122.013(c).
  [The committee designated under Section 122.003(j) shall review the
  inspection results and recommend appropriate action to the
  council.]
         SECTION 20.  Section 122.022, Human Resources Code, is
  amended to read as follows:
         Sec. 122.022.  REPORTS. (a)  On or before November 1 of each
  year, the comptroller [council] shall prepare an annual financial
  report in the form prescribed by Section 2101.011, Government Code,
  relating to the comptroller's activities under this chapter and 
  file the report with the governor and the presiding officer of each
  house of the legislature [a copy of the annual financial report
  prepared by the council under Section 2101.011, Government Code].
         (b)  As part of the report filed under Subsection (a), the
  comptroller [council] shall provide:
               (1)  the number of persons with disabilities, according
  to their type of disability, who are employed in community
  rehabilitation programs participating in the programs established
  by this chapter or who are employed by businesses or workshops that
  receive supportive employment from community rehabilitation
  programs;
               (2)  the amount of annual wages paid to a person
  participating in the program;
               (3)  a summary of the sale of products offered by a
  community rehabilitation program;
               (4)  a list of products and services offered by a
  community rehabilitation program;
               (5)  the geographic distribution of the community
  rehabilitation programs;
               (6)  the number of nondisabled workers who are employed
  in community rehabilitation programs under this chapter; and
               (7)  the average and range of weekly earnings for
  disabled and nondisabled workers who are employed in community
  rehabilitation programs under this chapter.
         SECTION 21.  Section 122.023, Human Resources Code, is
  amended to read as follows:
         Sec. 122.023.  COMPTROLLER [COUNCIL] FUNDS. All money paid
  to the comptroller [council] under this chapter is subject to
  Subchapter F, Chapter 404, Government Code.
         SECTION 22.  Section 122.024, Human Resources Code, is
  amended to read as follows:
         Sec. 122.024.  STRATEGIC PLAN; FINAL OPERATING PLAN. The
  comptroller [council] shall prepare a [an agency] strategic plan
  and a final operating plan relating to the comptroller's activities
  under this chapter as required by Subchapter E, Chapter 2054,
  Government Code.
         SECTION 23.  Section 122.028, Human Resources Code, is
  amended to read as follows:
         Sec. 122.028.  PROGRAM PROMOTION. The comptroller [council]
  shall establish procedures for the promotion of the program
  administered under this chapter.
         SECTION 24.  Section 122.029, Human Resources Code, is
  amended to read as follows:
         Sec. 122.029.  DUTIES OF STATE AUDITOR. (a) As part of an
  audit of a state agency authorized under Section 2161.123,
  Government Code, the state auditor shall:
               (1)  conduct an audit of a state agency for compliance
  with this chapter; and
               (2)  report to the comptroller [council] a state agency
  that is not complying with this chapter.
         (b)  If the state auditor reports to the comptroller
  [council] that a state agency is not complying with this chapter,
  the comptroller [council] shall assist the agency in complying.
         SECTION 25.  Section 122.030, Human Resources Code, is
  amended to read as follows:
         Sec. 122.030.  MANAGEMENT FEE RATE; REVIEW PROCESS. (a)
  The comptroller [council] shall develop a formal review process for
  the annual review conducted under Section 122.019(e). The review
  process must include:
               (1)  notice to affected parties, including community
  rehabilitation programs;
               (2)  solicitation of public comment; and
               (3)  documentation provided by a central nonprofit
  agency in support of a proposed management fee rate change.
         (b)  Before making a decision relating to the management fee
  rate, the comptroller [council] shall consider:
               (1)  any public comment received;
               (2)  documentation provided by a central nonprofit
  agency; and
               (3)  any documentation provided by a community
  rehabilitation program or the public.
         (c)  The comptroller [council] shall adopt rules to
  implement this section.
         SECTION 26.  The following provisions of the Human Resources
  Code are repealed:
               (1)  Section 122.002(4);
               (2)  Section 122.003;
               (3)  Section 122.004;
               (4)  Section 122.005;
               (5)  Section 122.0055;
               (6)  Section 122.006;
               (7)  Section 122.007(b);
               (8)  Section 122.009(c);
               (9)  Section 122.013(b);
               (10)  Section 122.0206;
               (11)  Section 122.021;
               (12)  Section 122.025; and
               (13)  Section 122.027.
         SECTION 27.  (a)  The Texas Council on Purchasing from People
  with Disabilities is abolished.
         (b)  The validity of an action taken by or in connection with
  the authority of the Texas Council on Purchasing from People with
  Disabilities before it is abolished is not affected by the
  abolition.
         SECTION 28.  (a) All powers and duties of the Texas Council
  on Purchasing from People with Disabilities are transferred to the
  comptroller of public accounts.
         (b)  A rule, form, policy, procedure, or decision of the
  Texas Council on Purchasing from People with Disabilities continues
  in effect as a rule, form, policy, procedure, or decision of the
  comptroller of public accounts until superseded by an act of the
  comptroller of public accounts or the comptroller of public
  accounts' staff.
         (c)  A reference in law to the Texas Council on Purchasing
  from People with Disabilities means the comptroller of public
  accounts.
         (d)  Any action or proceeding before the Texas Council on
  Purchasing from People with Disabilities is transferred without
  change in status to the comptroller of public accounts, and the
  comptroller of public accounts assumes, without a change in status,
  the position of the Texas Council on Purchasing from People with
  Disabilities in any action or proceeding to which the Texas Council
  on Purchasing from People with Disabilities is a party.
         (e)  All money, contracts, leases, rights, bonds, and
  obligations of the Texas Council on Purchasing from People with
  Disabilities are transferred to the comptroller of public accounts.
         (f)  All personal property, including records, in the
  custody of the Texas Council on Purchasing from People with
  Disabilities becomes the property of the comptroller of public
  accounts.
         (g)  All funds appropriated by the legislature to the Texas
  Council on Purchasing from People with Disabilities are transferred
  to the comptroller of public accounts.
         SECTION 29.  The terms of the current members of the advisory
  committee amended by this Act expire on the effective date of this
  Act. On that date or as soon as possible after that date, the
  comptroller shall appoint new members to the advisory committee in
  accordance with the requirements of Section 122.0057, Human
  Resources Code, as amended by this Act. The comptroller shall
  designate the four members of the committee whose terms expire on
  February 1, 2017, and the five members of the committee whose terms
  expire on February 1, 2019.
         SECTION 30.  This Act takes effect September 1, 2015.