HUMAN RESOURCES CODE
CHAPTER 122. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
DISABILITIES
§ 122.001. PURPOSE. The purpose of this chapter is to
further the state's policy of encouraging and assisting persons
with disabilities to achieve maximum personal independence by
engaging in useful and productive employment activities and, in
addition, to provide state agencies, departments, and institutions
and political subdivisions of the state with a method for achieving
conformity with requirements of nondiscrimination and affirmative
action in employment matters related to persons with disabilities.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.002. DEFINITIONS. In this chapter:
(1) "Central nonprofit agency" means an agency
designated as a central nonprofit agency under contract under
Section 122.019.
(2) "Commission" means the Texas Building and
Procurement Commission.
(3) "Community rehabilitation program" means a
government or nonprofit private program operated under criteria
established by the council and under which persons with severe
disabilities produce products or perform services for
compensation.
(4) "Council" means the Texas Council on Purchasing
from People with Disabilities.
(5) "Disability" means a mental or physical
impairment, including blindness, that impedes a person who is
seeking, entering, or maintaining gainful employment.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 132, § 1, eff. Sept. 1, 2003.
§ 122.003. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
DISABILITIES. (a) The Texas Council on Purchasing from People
with Disabilities is composed of nine members selected from the
following categories who are appointed by the governor with the
advice and consent of the senate:
(1) private citizens conversant with the employment
needs of persons with disabilities, including blindness, and with
current experience in the pricing and marketing of goods and
services;
(2) representatives of community rehabilitation
programs that represent different disability groups, including
persons with blindness, and that provide or seek to provide
products produced or services performed by persons with
disabilities;
(3) representatives of state agencies or political
subdivisions that purchase a significant amount of products
produced or services performed by persons with disabilities; and
(4) persons with disabilities.
(b) The governor shall select three members from the
category prescribed by Subsection (a)(1) and at least one member
from the other three categories prescribed by Subsection (a). To
the extent possible, the governor shall attempt to ensure that the
categories prescribed by Subsections (a)(2)-(4) are equally
represented on the council. Members of the council serve staggered
terms of six years with the terms of three members expiring on
January 31 of each odd-numbered year. Members may not receive
compensation for their service on the council, but they are
entitled to reimbursement for actual and necessary expenses
incurred in performing their duties as members.
(c) The governor shall select one of the council members to
serve as presiding officer.
(d) A person is not eligible for appointment as a member of
the council under Subsection (a)(1) if the person or the person's
spouse:
(1) is employed by or participates in the management
of a central nonprofit agency, a community rehabilitation program,
or another organization receiving funds from or doing business with
the council;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a central nonprofit agency, a
community rehabilitation program, or another organization
receiving funds from or doing business with the council; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the council, a central nonprofit
agency, or a community rehabilitation program, other than
reimbursement authorized by law for council membership,
attendance, or expenses.
(e) A person may not serve as a member of the council if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the council.
(f) Appointments to the council shall be made without regard
to the race, creed, sex, disability, age, religion, or national
origin of the appointees.
(g) It is a ground for removal from the council if a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (a) of this section for
appointment to the council;
(2) does not maintain during the service on the
council the qualifications required by Subsection (a) of this
section for appointment to the council;
(3) violates a prohibition established by Subsection
(d) or (e) of this section;
(4) cannot because of illness or disability discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the council.
(h) The validity of an action of the council is not affected
by the fact that it was taken when a ground for removal of a member
of the council existed.
(i) If the executive director of the commission has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the council of the
potential ground. If the presiding officer is notified under this
section, or if the presiding officer has knowledge that a potential
ground for removal exists, the presiding officer shall notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest officer of the council, who shall notify the governor and
the attorney general that a potential ground for removal exists.
(j) The council shall adopt rules establishing a formal
certification procedure for recognition and approval of community
rehabilitation programs. The procedure must include a committee
composed of three council members appointed by the presiding
officer to review certification applications of community
rehabilitation programs and issue recommendations to the council.
The council may:
(1) recognize a program that maintains accreditation
by a nationally accepted vocational rehabilitation accrediting
organization; and
(2) approve community rehabilitation program services
that have been approved for purchase by a state habilitation or
rehabilitation agency.
(k) The council may delegate the administration of the
procedure established under Subsection (j) to a central nonprofit
agency but may not delegate the authority to certify a community
rehabilitation program under this section.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 132, § 2, eff. Sept. 1, 2003.
§ 122.004. INFORMATION RELATING TO STANDARDS OF
CONDUCT. The presiding officer of the council or the presiding
officer's designee shall provide to members of the council and to
council employees, as often as necessary, information regarding
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 132, § 3, eff. Sept. 1, 2003.
§ 122.005. MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the council may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the council until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council with an emphasis on the
rules that relate to oversight and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code; and
(C) the administrative procedure law, Chapter
2001, Government Code;
(8) other laws relating to public officials, including
conflict of interest laws; and
(9) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 132, § 4, eff. Sept. 1, 2003.
§ 122.0055. COUNCIL STAFF. (a) The council may employ
staff as necessary to carry out the council's duties.
(b) The staff shall provide:
(1) management oversight for the administration of
this chapter; and
(2) policy guidance and administrative support to the
council.
(c) The council shall develop and implement policies that
clearly separate the policymaking responsibilities of the council
and the management responsibilities of the staff of the council.
Added by Acts 2001, 77th Leg., ch. 1304, § 2, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 132, § 5, eff. Sept. 1,
2003.
§ 122.0057. ADVISORY COMMITTEE. (a) The council may
establish an advisory committee if the council considers the
committee necessary. The membership of the committee is determined
by the council.
(b) 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 an advisory committee serve at the will of
the council. The council may dissolve an advisory committee when
appropriate.
(d) The council shall make reasonable attempts to have
balanced representation on all advisory committees, including
attempting to seek representation from:
(1) the Lighthouse for the Blind community
rehabilitation programs;
(2) the Goodwill community rehabilitation programs;
(3) the Texas Department of Mental Health and Mental
Retardation community rehabilitation program;
(4) other community rehabilitation programs;
(5) representatives from central nonprofit agencies;
(6) representatives of disability advocacy groups;
(7) government purchasing agents with knowledge of
this chapter;
(8) private industry representatives with knowledge
of this chapter; and
(9) private citizens who have a disability and have
knowledge of the sale of products and services.
Added by Acts 2001, 77th Leg., ch. 1304, § 3, eff. Sept. 1, 2001.
§ 122.006. SUNSET PROVISION. The Texas Council on
Purchasing from People with Disabilities is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
chapter expires September 1, 2015.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1169, § 2.07, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 132, § 6, eff. Sept. 1, 2003.
§ 122.007. FAIR MARKET PRICE; PURCHASING
PROCEDURES. (a) The 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. The council
shall ensure that the products and services offered for sale offer
the best value for the state or a political subdivision.
(b) A subcommittee composed of three council members
appointed by the presiding officer shall review the data used to
determine fair market price and shall make recommendations to the
council concerning fair market price for the products and services
and offering the best value to customers.
(c) The 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 council shall test the
goods and services in accordance with Section 2155.069, Government
Code, to the extent necessary to ensure quality. The council may
enter into a contract with a private or public entity to assist with
testing. The commission shall make awards under this section based
on proposed goods and services meeting formal state specifications
developed by the commission or meeting commercial specifications
approved by the commission.
(e) Requisitions for products and services required by
state agencies are processed by the commission according to rules
established by the commission.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1206, § 25, eff. Sept. 1, 1997.
§ 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
council to be the fair market price.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.009. RECORDS. (a) The records of the 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 commission is the depository for all records
concerning the council's operations.
(c) The council is subject to Chapter 552, Government Code.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.0095. AGENCY COMPLIANCE; NONPROGRAM PURCHASING
REPORT. (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 commission and the council the
purchase of products or services available from a central nonprofit
agency or community rehabilitation program under this chapter, but
purchased from another business that is not a central nonprofit
agency or community rehabilitation program under this chapter.
(b) A report under this section may be based on a sampling of
purchases by the agency in an audit conducted after the purchases.
(c) Information in the report under this section shall be
included with the exception reports provided under Section 122.016.
(d) The commission shall post the reports required by
Subsection (a)(2) on the commission's website.
(e) The council shall review the information contained in
the reports under this section and Sections 122.012 and 122.016.
The commission shall assist the council in reviewing and analyzing
the reports in order to improve state agency compliance with this
chapter.
Added by Acts 2001, 77th Leg., ch. 1304, § 4, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 132, § 7, eff. Sept. 1,
2003.
§ 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL
JUSTICE. The council may cooperate with the institutional
division of the Texas Department of Criminal Justice to accomplish
the purposes of this chapter and to contribute to the economy of
state government. The 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.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.011. CORRELATION WITH RELATED FEDERAL
PROGRAMS. The council may adopt procedures, practices, and
standards used for federal programs similar to the state program
established in this chapter.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.012. DUTIES OF COMMISSION; INTERAGENCY
COOPERATION. (a) The commission shall provide legal and other
necessary support to the council in accordance with legislative
appropriation. The commission shall assign an upper-level
management employee to ensure that the commission meets the
requirements of this chapter.
(b) State agencies responsible for the provision of
rehabilitation and related services to persons with disabilities
shall cooperate with the council in the operation of the program.
The Texas Commission for the Blind, the Texas Rehabilitation
Commission, and other state human services agencies responsible for
assisting persons with disabilities may, through written
agreements or interagency contracts, provide space, storage,
logistical support, consultation, expert services, communications
services, or financial assistance with respect to any function or
responsibility of the council.
(c) The commission or a state agency may not assume the
marketing or fiscal responsibility for the expense of marketing the
products and services of persons with disabilities under the
program.
(d) The commission shall include the programs administered
under this chapter in the commission's procurement policy manuals.
(e) After any audit or review the commission conducts with
regard to state agency compliance with purchasing laws and
procedures, the commission shall report to the council a state
agency that is not complying with this chapter.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, § 5, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 132, § 8, eff. Sept. 1, 2003.
§ 122.013. RULES. (a) The 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.
(b) The commission shall provide legal support to assist the
council in adopting rules under this section.
(c) The 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.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, § 6, eff. Sept. 1, 2001.
§ 122.014. PRODUCT SPECIFICATIONS. Except as otherwise
provided by this section, a product manufactured for sale through
the commission to any office, department, institution, or agency of
the state under this chapter shall be manufactured or produced
according to specifications developed by the commission. If the
commission has not adopted specifications for a particular product,
the production shall be based on commercial or federal
specifications in current use by industry for the manufacture of
the product for sale to the state.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.015. DETERMINATIONS OF FAIR MARKET
VALUE. (a) In determining the fair market value of products or
services offered for sale under this chapter, the 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.
(b) The actual cost of manufacturing a product or performing
a service consists of costs directly associated with a contract and
includes costs for labor, raw materials used in the production of
the product, storage, and delivery. Actual costs do not include a
cost associated with an individual's preparation to perform the
work activity.
(c) The fair market value of a product or service,
determined after consideration of relevant factors of the foregoing
type, may not be excessive or unreasonable.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.016. EXCEPTIONS. (a) Exceptions from the
operation of the mandatory provisions of Section 122.014 may be
made in any case where:
(1) under the rules of the commission, the product or
service so produced or provided does not meet the reasonable
requirements of the office, department, institution, or agency; or
(2) the requisitions made cannot be reasonably
complied with through provision of products or services produced by
persons with disabilities.
(b) Each month, the commission shall provide the council
with a list of all items purchased under the exception provided by
Subsection (a) of this section. The 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 council considers relevant to a determination
of why the product or service was not purchased in accordance with
Section 122.014.
(c) No office, department, institution, or agency may evade
the intent of this section by slight variations from standards
adopted by the commission, when the products or services produced
or provided by persons with disabilities, in accordance with
established standards, are reasonably adapted to the actual needs
of the office, department, institution, or agency.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.017. PROCUREMENT FOR POLITICAL SUBDIVISIONS. A
product manufactured for sale to a political subdivision of this
state or an office or department thereof shall be manufactured or
produced according to specifications developed by the purchaser. A
political subdivision of this state may purchase products or
services for its use from private businesses through its authorized
purchasing procedures, but may substitute equivalent products or
services produced by persons with disabilities under the provisions
of this chapter. Nothing in this chapter shall be construed to
require a nonprofit agency for persons with disabilities to engage
in competitive bidding.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995.
§ 122.018. POLITICAL SUBDIVISIONS EXCLUDED. There are
excluded from the mandatory application of this chapter the
political subdivisions of the state that are not covered by Title V
of the Federal Rehabilitation Act of 1973, as amended (29 U.S. Code
Sections 790 through 794). This chapter does not prohibit a
political subdivision from acting as a willing buyer outside a bid
system.
Added by Acts 1983, 68th Leg., p. 2953, ch. 504, § 6, eff. Sept.
1, 1983. Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff.
Sept. 1, 1995.
§ 122.019. CENTRAL NONPROFIT AGENCY. (a) The 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 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 council.
(c) Each year, the 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 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 council
may review and renegotiate the contract with a central nonprofit
agency. Not later than the 60th day before the date the council
adopts or renews a contract, the council shall publish notice of the
proposed contract in the Texas Register.
(e) 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 council and is subject to
Section 122.023. The percentage shall be set by the council in the
amount necessary to reimburse the general revenue fund for direct
and reasonable costs incurred by the commission, the council, and
the council staff in administering the council's duties under this
chapter.
(g) The council may terminate a contract with a central
nonprofit agency if:
(1) the council finds substantial evidence of the
central nonprofit agency's noncompliance with contractual
obligations; and
(2) the council has provided at least 30 days' notice
to the central nonprofit agency of the termination of the contract.
(h) The 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 council as a central
nonprofit agency.
Amended by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, § 7, eff. Sept. 1, 2001.
§ 122.020. CONSUMER INFORMATION; COMPLAINTS. (a) The
council shall prepare information of consumer interest describing
the activities of the council and describing the council's
procedures by which consumer complaints are filed with and resolved
by the council. The council shall make the information available to
the general public and appropriate state agencies.
(b) The council shall keep an information file about each
complaint filed with the council. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the 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 council closed the file without taking action other than to
investigate the complaint.
(c) If a written complaint is filed with the council, the
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 council shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the council's policies and procedures relating to complaint
investigation and resolution.
Added by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 132, § 9, eff. Sept. 1,
2003.
§ 122.0205. ALTERNATIVE DISPUTE RESOLUTION. (a) A
dispute between the council and a central nonprofit agency or a
community rehabilitation program shall first be submitted to
alternative dispute resolution.
(b) This section does not constitute authorization to sue
and does not modify the remedies available under other law.
(c) This section does not limit the council's ability to
request opinions from the attorney general.
Added by Acts 2001, 77th Leg., ch. 1304, § 8, eff. Sept. 1, 2001.
§ 122.0206. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES. (a) The council shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of council rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the council's
jurisdiction.
(b) The council's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
Added by Acts 2003, 78th Leg., ch. 132, § 10, eff. Sept. 1, 2003.
§ 122.021. PUBLIC TESTIMONY AND ACCESS. (a) The
council shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the council
and to speak on any issue under the jurisdiction of the council.
(b) The council shall comply with federal and state laws
related to program and facility accessibility. The council shall
also prepare and maintain a written plan that describes how a person
who does not speak English can be provided reasonable access to the
council's programs and services.
Added by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1, 1995.
§ 122.0215. ACCESS TO INFORMATION AND RECORDS;
INSPECTION. (a) The 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 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
council to be relevant to the administration of this chapter.
(c) The council shall adopt rules establishing procedures
to ensure that the information and records maintained by the
council under this chapter are kept confidential and protected from
release to unauthorized persons.
(d) The council or a central nonprofit agency at the
council's direction may inspect a community rehabilitation program
for compliance with certification criteria established under
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.
Added by Acts 2001, 77th Leg., ch. 1304, § 9, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 132, § 11, 12, eff. Sept. 1,
2003.
§ 122.022. REPORTS. (a) On or before November 1 of
each year, the council shall file with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the council during the preceding year. The annual
report must meet the reporting requirements applicable to financial
reporting provided in the General Appropriations Act.
(b) The report submitted under this section must include:
(1) the number of persons with disabilities, according
to their type of disability, who are employed in community
rehabilitation programs participating in the programs established
by this chapter or who are employed by businesses or workshops that
receive supportive employment from community rehabilitation
programs;
(2) the amount of annual wages paid to a person
participating in the program;
(3) a summary of the sale of products offered by a
community rehabilitation program;
(4) a list of products and services offered by a
community rehabilitation program;
(5) the geographic distribution of the community
rehabilitation programs;
(6) the number of nondisabled workers who are employed
in community rehabilitation programs under this chapter; and
(7) the average and range of weekly earnings for
disabled and nondisabled workers who are employed in community
rehabilitation programs under this chapter.
Added by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1, 1995.
Amended by Acts 1995, 74th Leg., ch. 693, § 14, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, § 10, eff. Sept. 1, 2001.
§ 122.023. COUNCIL FUNDS. All money paid to the council
under this chapter is subject to Subchapter F, Chapter 404,
Government Code.
Added by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1, 1995.
§ 122.024. STRATEGIC PLAN; FINAL OPERATING PLAN. The
council shall prepare an agency strategic plan and a final
operating plan as required by Subchapter E, Chapter 2054,
Government Code.
Added by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1, 1995.
§ 122.025. OPEN MEETINGS; ADMINISTRATIVE
PROCEDURE. The council is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 1995, 74th Leg., ch. 460, § 1, eff. Sept. 1, 1995.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(63), (81).
§ 122.026. APPLICATION OF OTHER LAW. Chapters 252, 262,
and 271, Local Government Code, do not supersede this chapter.
Added by Acts 1995, 74th Leg., ch. 746, § 10, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Human Resources Code § 122.020 by Acts
1997, 75th Leg., ch. 165, § 31.01(62), eff. Sept. 1, 1997.
§ 122.027. TECHNOLOGY POLICY. The council shall
develop and implement a policy requiring the staff of the council or
a central nonprofit agency to research and propose appropriate
technological solutions to improve the council's ability to perform
its functions. The technological solutions must:
(1) ensure that the public is able to easily find
information about the council on the Internet;
(2) ensure that persons who want to use the council's
services are able to:
(A) interact with the council through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
council's planning processes.
Added by Acts 2003, 78th Leg., ch. 132, § 13, eff. Sept. 1, 2003.
§ 122.028. PROGRAM PROMOTION. The council shall
establish procedures for the promotion of the program administered
under this chapter.
Added by Acts 2003, 78th Leg., ch. 132, § 14, eff. Sept. 1, 2003.
§ 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 council a state agency that is not
complying with this chapter.
(b) If the state auditor reports to the council that a state
agency is not complying with this chapter, the council shall assist
the agency in complying.
Added by Acts 2003, 78th Leg., ch. 132, § 15, eff. Sept. 1, 2003.
§ 122.030. MANAGEMENT FEE RATE; REVIEW
PROCESS. (a) The 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 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 council shall adopt rules to implement this section.
Added by Acts 2003, 78th Leg., ch. 132, § 16, eff. Sept. 1, 2003.
