CHAPTER 94. VENDING FACILITIES OPERATED BY BLIND PERSONS
HUMAN RESOURCES CODE
TITLE 5. SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED
CHAPTER 94. VENDING FACILITIES OPERATED BY BLIND PERSONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 21,
eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 3415, ch. 571,
Sec. 5, eff. Jan. 1, 1984; Acts 1997, 75th Leg., ch. 165, Sec.
17.19(16), eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4364, ch. 700,
art. III, Sec. 2, eff. Aug. 29, 1983.
Sec. 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, Sec. 9, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1011, Sec. 2, eff.
June 15, 2001.