|
|
|
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 |
|
Texas Workforce Commission. |
|
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 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. |
|
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 122.0012, 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. |
|
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. |
|
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. |
|
SECTION 6. 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 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. |
|
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. |
|
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.] |
|
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. |
|
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. |
|
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. |
|
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. |
|
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 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 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. |
|
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. |
|
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. |
|
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. |
|
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.] |
|
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. |
|
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. |
|
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 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. |
|
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. |
|
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. |
|
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. |
|
SECTION 28. (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 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. |
|
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. |
|
SECTION 31. This Act takes effect September 1, 2015. |