ANALYSIS
Abolishes The Texas
Council on Purchasing from People with Disabilities (TCPPD) and transfers its
functions to the Texas Workforce Commission (TWC)
C.S.S.B. 212 abolishes TCPPD,
transfers all powers and duties of TCPPD to TWC, including the requirement to
prepare an annual financial report, and makes related conforming changes
throughout the bill. C.S.S.B. 212 specifies a rule, form, policy, procedure,
or decision of TCPPD continues in effect until superseded by an act of TWC,
and that the validity of an action taken by or in connection with the
authority of TCPPD before it is abolished is not affected by the abolition.
C.S.S.B. 212 transfers all money, contracts, leases, rights, bonds, and
obligations of TCPPD to TWC, and stipulates all personal property, including
records, in the custody of TCPPD becomes the property of TWC. C.S.S.B. 212
removes the provisions that specify the comptroller is the depository for all
records concerning TCPPD’s operations and that TCPPD is subject to Chapter
552, Government Code. Once the selection process for contracting with one or
more central nonprofit agencies is completed, C.S.S.B. 212 allows, rather
than requires, TWC to contract with a central nonprofit agency to perform
specified functions related to the administration of the program.
C.S.S.B. 212 removes TCPPD’s
separate sunset date and subjects TWC’s authority to administer and oversee
the program to the Texas Sunset Act, stipulating that this authority expires
September 1, 2021 unless continued by the legislature. C.S.S.B. 212 repeals
sections of law related to TCPPD, including its membership; standards of
conduct; training; ability to hire staff; rulemaking and alternative dispute
resolution procedures; technology policy; and public testimony and
subcommittee requirements. C.S.S.B. 212 removes requirements that the
comptroller assist, provide legal and other necessary support, and assign an
upper-level management employee to TCPPD. C.S.S.B. 212 specifies all funds
appropriated by the legislature to TCPPD are transferred to TWC and that a
reference in law to TCPPD means the Texas Workforce Commission.
C.S.S.B. 212 maintains certain
functions at the office of the comptroller, including processing requisitions
for products and services required by state agencies; including the State Use
Program in the comptroller's procurement policy manual; reviewing agencies’
compliance with the program; and preparing a list of all items purchased
through an acceptable exception to the State Use Program. C.S.S.B. 212 requires
state agencies to report to TWC, in addition to the comptroller, the purchase
of products and services available through the program, but purchased from
another business that is not a CRP or a central nonprofit agency. C.S.S.B.
212 requires TWC to review and analyze the information in these and other
specified reports. C.S.S.B. 212 removes the provision that requires the
comptroller to post the agencies’ reports on its website, but requires the
comptroller to assist TWC in reviewing and analyzing the reports.
C.S.S.B. 212 requires the
comptroller to cooperate with and provide any necessary support to TWC in
accordance with legislative appropriation, including providing information
and resources necessary for TWC to set the fair market price of all products
and services for sale through the program.
Requires TWC to establish
an advisory committee
C.S.S.B. 212 removes the
authorization for TCPPD to establish an advisory committee and related
provisions, and requires TWC to establish an advisory committee to assist TWC
in establishing performance goals for the program and criteria for certifying
a CRP for participation in the program. C.S.S.B. 212 specifies the advisory committee’s
membership; appointments and terms, including filling vacancies; duties; and
meeting and other requirements. C.S.S.B. 212 requires TWC to appoint members
to the advisory committee on or as soon as possible after the effective date
of this Act. C.S.S.B. 212 authorizes the committee to request administrative
support from TWC and requires TWC to provide the requested assistance. C.S.S.B.
212 specifies that the advisory committee is not subject to Chapter 2110,
Government Code, but stipulates that it 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.
C.S.S.B. 212 requires the
advisory committee to establish specific objectives for the program that are
appropriate given the program’s status as one of several employment-related
services this state offers to persons with disabilities, and to recommend
criteria for certifying CRPs for participation in the program. C.S.S.B. 212 requires
the advisory committee to develop performance measures that may be used by
TWC to evaluate whether the program is meeting the objectives of the program,
and requires the advisory committee to consider specified factors applicable
to the program in developing the performance measures. C.S.S.B. 212 requires
the advisory committee to meet at the call of the presiding officer at least
once each fiscal year to review, and if necessary, recommend changes to the
program objective, performance measures, and criteria. C.S.S.B. 212 requires
the advisory committee to provide input to TWC in adopting rules applicable
to the program relating to specified employment-first policies.
Requires TWC to determine
the best method to structure the management fee
C.S.S.B. 212 requires TWC to
determine the best method to structure the maximum management fee rate
charged by a central nonprofit agency for its services. C.S.S.B. 212 removes
the requirement that the fee rate charged by a central nonprofit agency for
its services be computed as a percentage of the selling price of the product
or the contract price of a service, included in the selling price or contract
price, and paid at the time of sale, and the requirement that the management
rate fee be approved by TCPPD. C.S.S.B. 212 requires the percentage of the
management fee paid to TWC to be set by TWC in the amount to reimburse the
general revenue fund for direct and reasonable costs incurred by both the
comptroller and TWC in administering the program, including any costs
associated with providing support to the advisory committee.
Conforming changes to
S.B. 219
S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, was signed by the Governor on April 2,
2015, giving effect to the bill on that date. C.S.S.B. 212 makes conforming
changes to align with the changes in law enacted by S.B. 219.
Repealers
C.S.S.B. 212 repeals the
following provisions of the Human Resources Code:
·
Section 122.002(4);
·
Section 122.003;
·
Section 122.004;
·
Section 122.005;
·
Section 122.0055;
·
Section 122.006;
·
Section 122.007(b);
·
Section 122.013(b);
·
Section 122.0206;
·
Section 122.021;
·
Section 122.025; and
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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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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.
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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 Texas Workforce Commission [council]
shall test the goods and services to the extent necessary to ensure
quality. The Texas Workforce Commission
[council] may enter into a contract with a private or public entity
to assist with testing.
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SECTION 2. The heading to
Chapter 122, Human Resources Code, is amended.
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SECTION 2. Same as engrossed
version.
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No
equivalent provision.
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SECTION 3. Section 122.0012,
Human Resources Code, is amended to read as follows:
Sec. 122.0012. SUNSET
PROVISION. (a) The comptroller's authority to perform any act
under this chapter that relates to state purchasing is subject to Chapter
325, Government Code (Texas Sunset Act). Notwithstanding any other law,
that authority expires September 1, 2021, unless continued in existence as
provided by Chapter 325, Government Code.
(b) The Texas Workforce
Commission's authority to administer and oversee the program administered
under this chapter is subject to Chapter 325, Government Code (Texas Sunset
Act). Notwithstanding any other law, that authority expires September 1,
2021, unless continued in existence as provided by Chapter 325, Government
Code.
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No
equivalent provision.
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SECTION 4. Section 122.002,
Human Resources Code, is amended by adding Subdivision (6) to read as
follows:
(6) "Workforce
commission" means the Texas Workforce Commission.
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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 13 members appointed by the comptroller as follows:
(1) four representatives
from community rehabilitation programs that participate in the program
administered under this chapter;
(2) four 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) four persons with
disabilities, two 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 and Visually Impaired community rehabilitation programs;
[(2) the Goodwill
community rehabilitation programs;
[(3) other community
rehabilitation programs;
[(4) representatives from
central nonprofit agencies;
[(5) representatives of
disability advocacy groups;
[(6) government
purchasing agents with knowledge of this chapter;
[(7) private industry
representatives with knowledge of this chapter; and
[(8) private citizens
with disabilities who 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 semi-annually.
(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.
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SECTION 5. Section 122.0057,
Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, is amended to read as follows:
Sec. 122.0057. ADVISORY
COMMITTEE. (a) The workforce
commission shall [council may] establish an advisory
committee to assist the workforce
commission 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 13 members appointed by the workforce commission as follows:
(1) four representatives
from community rehabilitation programs that participate in the program
administered under this chapter;
(2) four 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) four persons with
disabilities, of whom two are 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 workforce commission [council. The council may
dissolve an advisory committee when appropriate].
(d) The workforce commission 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 and Visually Impaired community rehabilitation programs;
[(2) the Goodwill
community rehabilitation programs;
[(3) other community
rehabilitation programs;
[(4) representatives from
central nonprofit agencies;
[(5) representatives of
disability advocacy groups;
[(6) government
purchasing agents with knowledge of this chapter;
[(7) private industry
representatives with knowledge of this chapter; and
[(8) private citizens
with disabilities who 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 six or seven 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 semiannually.
(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 workforce
commission 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 workforce
commission 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 workforce commission. The workforce commission shall provide the
requested assistance.
(m) The advisory
committee is not subject to Chapter 2110, Government Code.
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SECTION 4. Chapter 122,
Human Resources Code, is amended.
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SECTION 6. Same as engrossed
version.
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SECTION 5. Sections
122.007(a), (c), and (d), 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 shall make awards under this section based on proposed goods
and services meeting formal state specifications developed by the
comptroller or meeting commercial specifications approved by the
comptroller.
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SECTION 7. Sections
122.007(a) and (c), Human Resources Code, and Section 122.007(d), Human
Resources Code, as amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, are amended to read as follows:
(a) The workforce commission [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 workforce commission
[council] shall ensure that the products and services offered for
sale offer the best value for the state or a political subdivision. The comptroller shall provide the workforce
commission with the information and resources necessary for the workforce
commission to comply with this subsection.
(c) The workforce commission [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 workforce commission [council] shall test the goods and
services in accordance with Section 2155.069, Government Code, to the
extent necessary to ensure quality. The workforce
commission [council]
may enter into a contract with a private or public entity to assist with
testing. The comptroller shall make awards under this section based on
proposed goods and services meeting formal state specifications developed
by the comptroller or meeting commercial specifications approved by the
comptroller
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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.
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SECTION 8. 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 workforce commission [council] to be the fair market
price under Section 122.007.
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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 [is the depository for]
all records concerning the comptroller's
[council's] operations under this
chapter.
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SECTION 9. Section 122.009,
Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, is amended to read as follows:
Sec. 122.009. RECORDS.
[(a)] The records of
the workforce commission [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 is
the depository for all records concerning the council's operations.
[(c)
The council is subject to Chapter 552, Government Code.]
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SECTION 8. Sections
122.0095(a) 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 [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.
(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 comptroller shall assist the council in
reviewing and analyzing the reports] in order to improve state agency
compliance with this chapter.
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SECTION 10. Sections
122.0095(a) and (e), Human Resources Code, as amended by S.B. 219, Acts of
the 84th Legislature, Regular Session, 2015, 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 and the workforce commission
[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.
(e) The workforce commission [council] shall review and
analyze the information contained in the reports under this section and
Sections 122.012 and 122.016. The
comptroller shall assist the workforce commission [council]
in reviewing and analyzing the reports in
order to improve state agency compliance with this chapter.
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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.
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SECTION 11. Section 122.010,
Human Resources Code, is amended to read as follows:
Sec. 122.010. COOPERATION
WITH DEPARTMENT OF CRIMINAL JUSTICE.
The workforce commission [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 workforce commission [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.
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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.
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SECTION 12. Section 122.011,
Human Resources Code, is amended to read as follows:
Sec. 122.011. CORRELATION
WITH RELATED FEDERAL PROGRAMS. The workforce
commission [council]
may adopt procedures, practices, and standards used for federal programs
similar to the state program established in this chapter.
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SECTION 11. Sections
122.012(a), (b), and (e), Human Resources Code, are amended to read as
follows:
(a) The comptroller 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
comptroller shall assign an upper-level management employee to ensure that
the comptroller 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 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].
(e) After any audit or
review the comptroller conducts with regard to state agency compliance with
purchasing laws and procedures, the comptroller shall assist [report to the council]
a state agency that is not complying with this chapter to comply with this chapter.
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SECTION 13. Sections
122.012(a), (b), and (e), Human Resources Code, as amended by S.B. 219,
Acts of the 84th Legislature, Regular Session, 2015, are amended to read as
follows:
(a) The comptroller shall cooperate with, and provide any [legal and other]
necessary support to, the workforce
commission [council] in accordance with legislative
appropriation[. The comptroller shall assign an upper-level management
employee to ensure that the comptroller 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 workforce commission [council] in the operation of the
program. The Department of Assistive and Rehabilitative Services 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 the program administered under this
chapter [any function or responsibility of the council].
(e) After any audit or
review the comptroller conducts with regard to state agency compliance with
purchasing laws and procedures, the comptroller shall report to the workforce commission
[council] a state agency that is not complying with this chapter.
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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.
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SECTION 14. Sections
122.013(a) and (c), Human Resources Code, are amended to read as follows:
(a) The workforce commission [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 workforce commission [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
122.015(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 122.015,
Human Resources Code, is amended by amending Subsection (a) and adding
Subsection (d) to read as follows:
(a) In determining the fair
market value of products or services offered for sale under this chapter,
the workforce commission [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.
(d) The comptroller shall provide the workforce commission with
the information and resources necessary for the workforce commission to
comply with this section.
|
SECTION 14. Section
122.016(b), Human Resources Code, is amended to read as follows:
(b) Each month, the
comptroller shall prepare [provide
the council with] a list of all items purchased under the exception
provided by Subsection (a). 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.
|
SECTION 16. Section
122.016(b), Human Resources Code, as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
(b) Each month, the
comptroller shall provide the workforce
commission [council] with
a list of all items purchased under the exception provided by Subsection
(a). The workforce commission [council] shall adopt the form in
which the list is to be provided and may 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 workforce commission [council] considers relevant to a
determination of why the product or service was not purchased in accordance
with Section 122.014.
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SECTION 15. 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[, 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 122.019,
Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, is amended to read as follows:
Sec. 122.019. CENTRAL
NONPROFIT AGENCY. (a) The workforce
commission [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 workforce
commission may [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 workforce commission [council].
(c) Each year, the workforce commission [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 workforce
commission [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 workforce
commission [council]
may review and renegotiate the contract with a central nonprofit agency.
Not later than the 60th day before the date the workforce commission [council]
adopts or renews a contract, the workforce
commission [council]
shall publish notice of the proposed contract in the Texas Register.
(e) The workforce commission 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 workforce commission [council] and is subject to
Section 122.023. The percentage shall be set by the workforce commission [council] in the amount necessary
to reimburse the general revenue fund for direct and reasonable costs
incurred by the comptroller and [,] the workforce commission
[council, and the council staff] in administering the comptroller's
and workforce commission's [council's]
duties under this chapter, including any costs associated with providing
support to the advisory committee.
(g) The workforce commission [council] may terminate a contract
with a central nonprofit agency if:
(1) the workforce commission [council] finds substantial
evidence of the central nonprofit agency's noncompliance with contractual
obligations; and
(2) the workforce commission [council] has provided at least 30
days' notice to the central nonprofit agency of the termination of the
contract.
(h) The workforce commission [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 workforce commission [council] as a central nonprofit
agency.
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SECTION 16. 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.
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SECTION 18. Section 122.020,
Human Resources Code, is amended to read as follows:
Sec. 122.020. CONSUMER
INFORMATION; COMPLAINTS.
(a) The workforce commission [council] shall prepare
information of consumer interest describing the activities of the workforce commission under this chapter
[council] and describing the workforce
commission's [council's]
procedures by which consumer complaints are filed with and resolved by the workforce commission under this chapter
[council]. The workforce
commission [council]
shall make the information available to the general public and appropriate
state agencies.
(b) The workforce commission [council] shall keep an information
file about each complaint filed with the workforce
commission [council].
The file must include:
(1) the name of the person
who filed the complaint;
(2) the date the complaint
is received by the workforce commission [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 workforce
commission [council]
closed the file without taking action other than to investigate the
complaint.
(c) If a written complaint
is filed with the workforce commission [council], the workforce commission [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 workforce commission [council] shall provide to the
person filing the complaint and to each person who is a subject of the
complaint a copy of the workforce
commission's [council's]
policies and procedures relating to complaint investigation and resolution.
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SECTION 17. 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.
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SECTION 19. Sections
122.0205(a) and (c), Human Resources Code, are amended to read as follows:
(a) A dispute between the workforce commission [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 workforce commission's [council's] ability to request
opinions from the attorney general.
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SECTION 18. 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.]
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SECTION 20. Section
122.0215, Human Resources Code, is amended to read as follows:
Sec. 122.0215. ACCESS TO
INFORMATION AND RECORDS; INSPECTION. (a) The workforce commission [council
and the council's staff] may access financial or other information and records
from a central nonprofit agency or a community rehabilitation program if
the workforce commission [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 workforce commission [council] to be relevant to the
administration of this chapter.
(c) The workforce commission [council] shall adopt rules
establishing procedures to ensure that the information and records
maintained by the workforce commission [council] under this chapter are
kept confidential and protected from release to unauthorized persons.
(d) The workforce commission [council] or a central nonprofit
agency at the workforce commission'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.]
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SECTION 19. 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 workers
without disabilities who are employed in community rehabilitation programs
under this chapter; and
(7) the average and range of
weekly earnings for workers with disabilities and workers without
disabilities who are employed in community rehabilitation programs under
this chapter.
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SECTION 21. Section 122.022,
Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, is amended to read as follows:
Sec. 122.022. REPORTS. (a)
On or before November 1 of each year, the workforce
commission [council]
shall prepare an annual financial report in the form prescribed by
Section 2101.011, Government Code, relating to the workforce commission'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 workforce
commission [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 workers
without disabilities who are employed in community rehabilitation programs
under this chapter; and
(7) the average and range of
weekly earnings for workers with disabilities and workers without
disabilities who are employed in community rehabilitation programs under
this chapter.
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SECTION 20. 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.
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SECTION 22. Section 122.023,
Human Resources Code, is amended to read as follows:
Sec. 122.023. [COUNCIL]
FUNDS. All money paid to the workforce
commission [council]
under this chapter is subject to Subchapter F, Chapter 404, Government
Code.
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SECTION 21. 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 122.024,
Human Resources Code, is amended to read as follows:
Sec. 122.024. STRATEGIC
PLAN; FINAL OPERATING PLAN. The workforce
commission [council]
shall prepare a [an agency] strategic plan and a final
operating plan relating to the workforce
commission's activities under this chapter as required by
Subchapter E, Chapter 2054, Government Code.
|
SECTION 22. 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.
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SECTION 24. Section 122.028,
Human Resources Code, is amended to read as follows:
Sec. 122.028. PROGRAM
PROMOTION. The workforce commission [council] shall establish
procedures for the promotion of the program administered under this
chapter.
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SECTION 23. 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.
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SECTION 25. 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 workforce commission [council] a state agency that is
not complying with this chapter.
(b) If the state auditor
reports to the workforce commission [council] that a state agency is
not complying with this chapter, the workforce
commission [council]
shall assist the agency in complying.
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SECTION 24. 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.
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SECTION 26. Section 122.030,
Human Resources Code, is amended to read as follows:
Sec. 122.030. MANAGEMENT FEE
RATE; REVIEW PROCESS. (a) The workforce
commission [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 workforce
commission [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 workforce commission [council] shall adopt rules to
implement this section.
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SECTION 25. 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.
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SECTION 27. The following
provisions of the Human Resources Code, including provisions amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, 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 122.013(b);
(9) Section 122.0206;
(10) Section 122.021;
(11) Section 122.025; and
(12) Section 122.027.
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SECTION 26. (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. Same as engrossed
version.
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SECTION 27. (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.
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SECTION 29. (a) All powers
and duties of the Texas Council on Purchasing from People with Disabilities
are transferred to the Texas Workforce
Commission.
(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 Texas Workforce Commission until
superseded by an act of the Texas Workforce
Commission.
(c) A reference in law to
the Texas Council on Purchasing from People with Disabilities means the Texas Workforce Commission.
(d) Any action or proceeding
before the Texas Council on Purchasing from People with Disabilities is
transferred without change in status to the Texas
Workforce Commission and the Texas
Workforce Commission 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 Texas Workforce Commission.
(f) All personal property,
including records, in the custody of the Texas Council on Purchasing from
People with Disabilities becomes the property of the Texas Workforce Commission.
(g) All funds appropriated
by the legislature to the Texas Council on Purchasing from People with
Disabilities are transferred to the Texas
Workforce Commission.
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SECTION 28. 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.
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SECTION 30. 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 Texas Workforce Commission
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 Texas Workforce Commission
shall designate the six members of
the committee whose terms expire on February 1, 2017, and the seven members of the committee whose terms
expire on February 1, 2019.
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SECTION 29. This Act takes
effect September 1, 2015.
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SECTION 31. Same as engrossed
version.
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