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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the Texas Council on Purchasing from |
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People with Disabilities and the transfer of its functions to the |
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comptroller of public accounts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2155.138(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The competitive bidding provisions of this chapter do |
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not apply to a state purchase of goods or services that: |
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(1) are made or provided by blind or visually impaired |
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persons; |
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(2) are offered for sale to a state agency through |
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efforts made under Chapter 122, Human Resources Code [law by the
|
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Texas Council on Purchasing from People with Disabilities]; |
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(3) meet state specifications for quantity, quality, |
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delivery, and life cycle costs; and |
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(4) cost not more than the fair market price of similar |
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items. |
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(b) The comptroller [council] shall test the goods and |
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services to the extent necessary to ensure quality. The |
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comptroller [council] may enter into a contract with a private or |
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public entity to assist with testing. |
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SECTION 2. The heading to Chapter 122, Human Resources |
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Code, is amended to read as follows: |
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CHAPTER 122. [TEXAS COUNCIL ON] PURCHASING FROM PEOPLE WITH |
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DISABILITIES |
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SECTION 3. Section 122.0057, Human Resources Code, is |
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amended to read as follows: |
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Sec. 122.0057. ADVISORY COMMITTEE. (a) The comptroller |
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shall [council may] establish an advisory committee to assist the |
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comptroller in establishing: |
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(1) performance goals for the program administered |
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under this chapter; and |
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(2) criteria for certifying a community |
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rehabilitation program for participation in the program |
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administered under this chapter [if the council considers the
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committee necessary. The membership of the committee is determined
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by the council]. |
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(b) The advisory committee consists of nine members |
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appointed by the comptroller as follows: |
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(1) two representatives from community rehabilitation |
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programs that participate in the program administered under this |
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chapter; |
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(2) three representatives from organizations that |
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advocate for persons with disabilities; |
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(3) one representative from a state agency that |
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provides vocational rehabilitation services to persons with |
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disabilities; and |
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(4) three persons with disabilities, one of whom is |
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employed by a community rehabilitation program that participates in |
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the program administered under this chapter [The council shall
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specify the purpose and duties of the advisory committee, which
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must include:
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[(1)
reviewing the effectiveness of the program
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administered under this chapter; and
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[(2)
recommending procedures to create higher skilled
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and higher paying employment opportunities]. |
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(c) Members of the [an] advisory committee serve at the will |
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of the comptroller [council. The council may dissolve an advisory
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committee when appropriate]. |
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(d) The comptroller shall appoint a presiding officer from |
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among the advisory committee members [The council shall make
|
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reasonable attempts to have balanced representation on all advisory
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committees, including attempting to seek representation from:
|
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[(1)
the Lighthouse for the Blind and Visually
|
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Impaired community rehabilitation programs;
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[(2) the Goodwill community rehabilitation programs;
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[(3) other community rehabilitation programs;
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[(4) representatives from central nonprofit agencies;
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[(5) representatives of disability advocacy groups;
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[(6)
government purchasing agents with knowledge of
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this chapter;
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[(7)
private industry representatives with knowledge
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of this chapter; and
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[(8)
private citizens with disabilities who have
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knowledge of the sale of products and services]. |
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(e) The members of the advisory committee serve staggered |
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four-year terms, with the terms of either four or five members |
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expiring February 1 of each odd-numbered year. A member may not |
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serve more than two terms. |
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(f) A vacancy on the committee shall be filled in the same |
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manner as the original appointment for that position. |
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(g) The advisory committee shall meet at the call of the |
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presiding officer. |
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(h) The advisory committee shall: |
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(1) establish specific objectives for the program |
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administered under this chapter that are appropriate given the |
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program's status as one of several employment-related services this |
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state offers to persons with disabilities; |
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(2) develop performance measures that may be used by |
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the comptroller to evaluate whether the program is meeting the |
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objectives established under Subdivision (1); and |
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(3) recommend criteria for certifying community |
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rehabilitation programs for participation in the program. |
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(i) In developing the performance measures under Subsection |
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(h), the advisory committee must consider the following factors as |
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applicable to the program administered under this chapter: |
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(1) the percentage of total sales revenue attributable |
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to the program: |
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(A) paid in wages to persons with disabilities; |
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and |
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(B) spent on direct training and professional |
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development services for persons with disabilities; |
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(2) the average hourly wage earned by a person |
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participating in the program; |
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(3) the average annual salary earned by a person |
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participating in the program; |
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(4) the number of persons with disabilities |
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participating in the program paid less than minimum wage; |
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(5) the average number of hours worked each week by a |
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person with a disability who participates in the program; |
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(6) the percentage of persons with disabilities who |
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participate in the program and who are placed into competitive |
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positions, including competitive management or administrative |
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positions within community rehabilitation programs; and |
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(7) the percentage of work performed by persons with |
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disabilities who participate in the program that is purely |
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repackaging labor. |
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(j) The advisory committee shall meet at the call of the |
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presiding officer at least once each fiscal year to review and, if |
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necessary, recommend changes to program objectives, performance |
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measures, and criteria established under Subsection (h). |
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(k) The advisory committee shall provide input to the |
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comptroller in adopting rules applicable to the program |
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administered under this chapter relating to the employment-first |
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policies described by Sections 531.02447 and 531.02448, Government |
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Code. |
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(l) The advisory committee may request administrative |
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support from the comptroller. The comptroller shall provide the |
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requested assistance. |
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(m) The advisory committee is not subject to Chapter 2110, |
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Government Code. |
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SECTION 4. Chapter 122, Human Resources Code, is amended by |
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adding Section 122.0058 to read as follows: |
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Sec. 122.0058. APPLICATION OF OPEN MEETINGS LAW, OPEN |
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RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY |
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COMMITTEE. The advisory committee established under Section |
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122.0057 is subject to the requirements of the open meetings law, |
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Chapter 551, Government Code, the open records law, Chapter 552, |
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Government Code, and Chapter 2001, Government Code. |
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SECTION 5. Sections 122.007(a), (c), and (d), Human |
|
Resources Code, are amended to read as follows: |
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(a) The comptroller [council] shall determine the fair |
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market price of all products and services manufactured or provided |
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by persons with disabilities and offered for sale to the various |
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agencies and departments of the state and its political |
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subdivisions by a community rehabilitation program participating |
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in the program administered under this chapter. The comptroller |
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[council] shall ensure that the products and services offered for |
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sale offer the best value for the state or a political subdivision. |
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(c) The comptroller [council] shall revise the prices |
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periodically to reflect changing market conditions. |
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(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 |
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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 6. Section 122.008, Human Resources Code, is |
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amended to read as follows: |
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Sec. 122.008. PROCUREMENT AT DETERMINED PRICE. A suitable |
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product or service that meets applicable specifications |
|
established by the state or its political subdivisions and that is |
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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 |
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122.007. |
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SECTION 7. Sections 122.009(a) and (b), Human Resources |
|
Code, are amended to read as follows: |
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(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 |
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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. |
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(b) The comptroller shall maintain [is the depository for] |
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all records concerning the comptroller's [council's] operations |
|
under this chapter. |
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SECTION 8. Sections 122.0095(a) and (e), Human Resources |
|
Code, are amended to read as follows: |
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(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 |
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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 |
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information contained in the reports under this section and |
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Sections 122.012 and 122.016[. The comptroller shall assist the
|
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council in reviewing and analyzing the reports] in order to improve |
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state agency compliance with this chapter. |
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SECTION 9. Section 122.010, Human Resources Code, is |
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amended to read as follows: |
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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 |
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comptroller [council] and the department may enter into contractual |
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agreements, cooperative working relationships, or other |
|
arrangements necessary for effective coordination and the |
|
realization of the objectives of both entities. |
|
SECTION 10. Section 122.011, Human Resources Code, is |
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amended to read as follows: |
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Sec. 122.011. CORRELATION WITH RELATED FEDERAL PROGRAMS. |
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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 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
|
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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]. |
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(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]. |
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(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. |
|
SECTION 12. Sections 122.013(a) and (c), Human Resources |
|
Code, are amended to read as follows: |
|
(a) The comptroller [council] shall adopt rules for the |
|
implementation, extension, administration, or improvement of the |
|
program authorized by this chapter in accordance with Chapter 2001, |
|
Government Code. |
|
(c) The comptroller [council] shall adopt rules to: |
|
(1) address possible conflicts of interest for central |
|
nonprofit agencies and community rehabilitation programs; |
|
(2) establish a process for the certification of |
|
community rehabilitation programs; |
|
(3) establish a minimum percentage of disabled labor |
|
an organization must employ to be considered a community |
|
rehabilitation program under this chapter; and |
|
(4) define the terms "value-added" and "direct labor" |
|
for products manufactured and services provided that are offered |
|
for sale under this chapter. |
|
SECTION 13. Section 122.015(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 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 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 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. |
|
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. |
|
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.] |
|
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. |
|
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. |
|
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 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. |
|
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. |
|
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. |
|
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. |
|
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 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. |
|
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. |
|
SECTION 29. This Act takes effect September 1, 2015. |
|
|
|
* * * * * |