HUMAN RESOURCES CODE
CHAPTER 94. VENDING FACILITIES OPERATED BY BLIND PERSONS
§ 94.001. DEFINITIONS. In this chapter:
(1) "Blind person" means a person having not more than
20/200 visual acuity in the better eye with correcting lenses or
visual acuity greater than 20/200 but with a limitation in the field
of vision such that the widest diameter of the visual field subtends
an angle no greater than 20 degrees.
(2) "Vending facility" means a facility in which food,
drinks, drugs, novelties, souvenirs, tobacco products, notions, or
related items are sold regularly. The term excludes facilities
consisting solely of vending machines that do not compete directly
or indirectly with a facility that is or could be operated by a
vocationally handicapped person.
(3) "State property" means land and buildings owned,
leased, or otherwise controlled by the state.
(4) "Agency" means the state agency in charge of state
property.
(5) "Handicapped" means a physical or mental condition
that the commission or rehabilitation commission determines to
constitute a substantial vocational disadvantage.
(6) "Commission" means the Texas Commission for the
Blind.
(7) "Rehabilitation commission" means the Texas
Rehabilitation Commission.
Acts 1979, 66th Leg., p. 2411, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 793, § 21, eff. Sept.
1, 1985.
§ 94.002. LICENSE OR PERMIT REQUIRED. (a) No person
may operate a vending facility or a facility with vending machines
or other coin-operated devices on state property unless the person
is licensed to do so by the commission or is authorized to do so by
an agency granted a permit to arrange for vending facilities.
(b) Subsection (a) of this section does not apply to a
building in which the State Purchasing and General Services
Commission leases space to a private tenant under Subchapter E,
Chapter 2165, Government Code.
Acts 1979, 66th Leg., p. 2411, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 3415, ch. 571, § 5,
eff. Jan. 1, 1984; Acts 1997, 75th Leg., ch. 165, § 17.19(16),
eff. Sept. 1, 1997.
§ 94.003. LICENSING PROCEDURE. (a) On its own
initiative or at the request of an agency that controls state
property, the commission shall survey the property, or blueprints
and other available information concerning the property, to
determine whether the installation of a vending facility is
feasible and consonant with the commission's vocational
rehabilitation objectives.
(b) If the installation of the facility is feasible, the
commission shall either license a blind person to operate a
facility to be installed by the commission or allow the
rehabilitation commission to install a facility to be operated by a
handicapped person who is not blind according to rules and
procedures comparable to those adopted by the commission. The
commission and the rehabilitation commission may enter into
agreements relating to management services and related forms of
necessary assistance.
Acts 1979, 66th Leg., p. 2411, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.004. LOCATION OF VENDING FACILITIES. (a) With
the concurrence of the agency in charge of state property, the
commission shall designate the location of vending facilities that
have been requested by the agency.
(b) The agency responsible for state property shall alter
the property to make it suitable for the proper operation of the
vending facilities. To this end, the agency in charge of
constructing new state property shall consult with the commission
during the planning stage on the construction.
Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.005. ISSUANCE OF LICENSES; ELIGIBILITY. (a) The
commission may issue a license to operate its vending facilities on
state property to blind citizens of the state who are capable of
operating the facilities in a manner that is reasonably
satisfactory to all parties concerned.
(b) Before issuing a license to a person, the commission
shall determine whether the person has the physical, psychological,
and personal traits and abilities required to operate a vending
facility in a satisfactory manner.
(c) The commission shall maintain a roster of the names of
each person who has been certified as suitable for licensing. If
two or more equally qualified persons are listed on the roster and
apply for a license to operate an available vending facility, the
commission shall issue the license to the person who is most in need
of employment.
(d) The granting of a license does not vest the licensee
with property or other rights which may constitute the basis of a
cause of action, at law or in equity, against the state or its
officers or employees.
Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.006. EXPIRATION, RENEWAL, AND REVOCATION OF
LICENSES. (a) A license or general permit to operate a vending
facility on state property is valid for a period of three years from
the date it is issued.
(b) The commission shall review each license or permit prior
to its expiration and shall issue a new or different license or
permit as the circumstances warrant.
(c) The commission and the agency may consent mutually to
revoke a general permit prior to its expiration if changed
circumstances warrant that action.
(d) A blind person's wilful failure to comply with the
commission's rules or the provisions of this chapter constitutes
grounds for the automatic revocation of the person's license.
(e) The commission shall adopt substantive and procedural
rules governing the revocation of licenses.
Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.007. OPERATION OF VENDING FACILITIES UNDER THE
REHABILITATION COMMISSION. (a) If the commission determines that
a blind person could not properly operate a vending facility at a
particular location, the rehabilitation commission may survey the
property to determine whether a handicapped person whose disability
is not of a visual nature could operate the facility in a proper
manner.
(b) The commission and the rehabilitation commission may
develop procedures and methods of exchanging information necessary
to implement cooperative activities.
(c) The installation and operation of a vending facility by
the rehabilitation commission must conform to the provisions of
this chapter applicable to vending facilities installed by the
commission.
Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.008. CLOSING CERTAIN FACILITIES
PROHIBITED. Neither a vending facility operated by a blind or
otherwise vocationally handicapped individual nor a vending
facility location surveyed by the commission may be closed as a
result of the transfer of state property from one agency to another,
the alteration of a state building, or the reorganization of a state
agency unless the commission or the rehabilitation commission
agrees to the closing.
Acts 1979, 66th Leg., p. 2413, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.009. EMPLOYMENT OF ASSISTANTS. (a) If an
individual licensed to operate a vending facility on state property
requires an assistant, a qualified visually handicapped person must
be given preference for employment. If the commission determines
that a visually handicapped person could not perform the labor for
which an assistant is required, or if a visually handicapped person
is not available, a handicapped person whose disability is not of a
visual nature must be given preference for employment. If no
handicapped person is available for the job, preference must be
given to a person who is socially, culturally, economically, or
educationally disadvantaged.
(b) An assistant employed by a blind person licensed by the
commission must be approved by the commission, and the deliberate
refusal of a blind licensee to comply with this section constitutes
grounds for the revocation of his or her license.
Acts 1979, 66th Leg., p. 2413, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.010. COMPETING VENDING MACHINES. (a) If the
commission and an agency agree to the installation and operation of
an additional vending facility or vending machine on property that
already has a commission-sponsored vending facility, no additional
permit or license is required. However, the installation of a
competing vending facility consisting of vending machines or other
coin-operated devices must be authorized by the commission. The
commission's authorization must be made with a view toward
providing the greatest economic benefits for blind persons
consonant with supplying the additional services required at the
building.
(b) State agencies shall cooperate and negotiate in good
faith to accomplish the purposes of this chapter.
(c) Vocationally handicapped individuals who operate
vending facilities on state property are entitled to receive all
commissions from vending machines installed on the same property.
If two or more vending facilities are operated by vocationally
handicapped persons in a building in which vending machines are
installed, the commission shall divide the commissions from the
vending machines among the handicapped operators in a manner that
will achieve equity and equality in the incomes of the handicapped
operators. If the commission and the rehabilitation commission
have decided not to locate a vending facility in a building, the
agency to whom a general permit has been issued shall determine the
assignment of the commissions from vending machines installed in
the building.
Acts 1979, 66th Leg., p. 2413, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.011. VENDING FACILITY EQUIPMENT AND
STOCK. (a) The commission may supply a blind vending facility
operator with equipment and initial stock necessary for the
operator to begin business.
(b) The commission shall collect and set aside from the
proceeds of the operation of its vending facilities enough money:
(1) to insure a sufficient amount of initial stock for
the facilities and for their proper maintenance;
(2) to pay the costs of supervision and other expenses
incidental to the operation of the facilities; and
(3) to pay other program costs to the extent necessary
to assure fair and equal treatment of the blind persons licensed to
operate the facilities and to the extent allowed under federal
programs that provide financial support to the commission.
(c) Except for purchasing and installing original
equipment, the operation of commission-sponsored vending
facilities must be as self-supporting and self-sustaining as
possible. To achieve this end, the commission shall periodically
review and, when necessary, revise its schedules for collecting and
setting aside money from the proceeds of its vending facilities.
Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.012. DUTIES AND PRIVILEGES OF PARTIES. (a) The
commission may promulgate rules and initiate procedures necessary
to implement this chapter.
(b) A blind person licensed to operate a vending facility on
state property shall operate the facility in accordance with law
and the commission's rules and policies.
(c) The agency in charge of state property shall cooperate
with the commission and its blind licensees to accomplish the
purposes of this chapter. The agency shall also furnish all
necessary utility service, including connections and outlets
required for the installation of the facility, janitorial and
garbage disposal services where feasible, and other related
assistance.
Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.013. TRAINING PROGRAMS. The commission may
establish training or experimentation locations necessary to train
blind persons who desire to be licensed to operate vending
facilities and to develop techniques which will allow blind persons
to operate the facilities or related types of small businesses more
efficiently and productively.
Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.014. CONFORMITY WITH FEDERAL STATUTES. (a) This
chapter shall be construed in a manner consistent with the
requirements of federal programs that provide financial assistance
to the commission.
(b) If a provision of this chapter conflicts with a federal
program requirement, the commission may waive or modify the
provision to the extent necessary to secure the full benefits of the
federal program.
Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 94.015. APPLICATION OF CHAPTER. (a) This chapter
does not apply to:
(1) property over which the federal government
maintains partial or complete control;
(2) property maintained and operated by
state-supported institutions of higher education; provided,
however, that the commission may enter into agreements with state
institutions of higher education concerning the use of blind labor
in vending facilities at the institutions; or
(3) property purchased by the state or an agency of the
state, property to which title is transferred from one state agency
to another, or property control of which is transferred from one
state agency to another, if:
(A) at the time of purchase or transfer of title
or control, a vending facility is being operated on the property
under lease, license, or contract; and
(B) prior to the time of purchase or transfer of
title or control, the provisions of this chapter were rendered
inapplicable to such property by this section or other law.
(b) This chapter does not apply to vending facilities
operated by an institution under the control of the Texas
Department of Mental Health and Mental Retardation, or its
successor, if the vending facilities are operated without profit
for the benefit of the patients at the institution.
(c) This chapter does not prohibit the commission from
selecting blind persons to operate other suitable types of vending
facilities or business enterprises, and the chapter does not
prohibit the installation of automated vending facilities serviced
by blind persons.
Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 4364, ch. 700, art. III,
§ 2, eff. Aug. 29, 1983.
§ 94.016. BUSINESS ENTERPRISES PROGRAM. (a) The
commission is authorized to administer the Business Enterprises
Program in accordance with the provisions of the Randolph-Sheppard
Act (20 U.S.C. Section 107 et seq.).
(b) The commission is authorized to administer a retirement
program for individuals licensed to operate vending facilities in
accordance with applicable state and federal laws.
(c) A trust fund for a retirement program for individuals
licensed to operate vending facilities under the Business
Enterprises Program is established with the comptroller of public
accounts. This trust fund will be set up in the state treasury.
(d) All federal vending machine income shall be credited to
this Business Enterprises Program trust fund. Vending machine
income, as defined by 34 C.F.R. Section 395.1(z), means receipts
(other than those of a blind vendor) from vending machine
operations on federal property, after deducting the cost of goods
sold (including reasonable service and maintenance costs) in
accordance with customary business practices of commercial vending
concerns, where the machines are operated, serviced, or maintained
by, or with the approval of, a department, agency, or
instrumentality of the United States, or commissions paid (other
than to a blind vendor) by a commercial vending concern which
operates, services, and maintains vending machines on federal
property for, or with the approval of, a department, agency, or
instrumentality of the United States.
(e) All expenditures authorized by the Randolph-Sheppard
Act from federal vending revenue funds shall be paid from the
Business Enterprises Program trust fund.
(f) The commission may contract with a professional
management service to administer the Business Enterprises Program
trust fund. In administering the trust fund, the professional
management service may acquire, exchange, sell, or retain any kind
of investment that a prudent investor, exercising reasonable care,
skill, and caution, would acquire, exchange, sell, or retain under
the circumstances, taking into consideration the investment of all
the assets of the trust fund.
(g) With the approval of the comptroller, the commission may
select a commercial bank, depository trust company, or other entity
to serve as a custodian of the Business Enterprises Program trust
fund's securities, and money realized from those securities,
pending completion of an investment transaction. Money realized
from those securities must be:
(1) reinvested not later than one business day after
the date it is received; or
(2) deposited in the treasury not later than the fifth
business day after the date it is received.
Added by Acts 1999, 76th Leg., ch. 213, § 9, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1011, § 2, eff. June 15,
2001.
