CHAPTER 122. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH DISABILITIES
HUMAN RESOURCES CODE
TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES
CHAPTER 122. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
DISABILITIES
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
For expiration of this section, see Section 2151.0041, Gov. Code.
Sec. 122.0011. TRANSFER OF DUTIES; REFERENCE. (a) The powers
and duties of the commission under this chapter are transferred
to the comptroller.
(b) In this chapter, a reference to the commission means the
comptroller.
Added by Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.97, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 132, Sec. 1, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 132, Sec. 2, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 132, Sec. 3, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 132, Sec. 4, eff. Sept. 1, 2003.
Sec. 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, Sec. 2, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 132, Sec. 5, eff.
Sept. 1, 2003.
Sec. 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, Sec. 3, eff. Sept. 1,
2001.
Sec. 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, 2013.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1169, Sec. 2.07, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 132, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.14, eff. July 10, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1206, Sec. 25, eff. Sept. 1,
1997.
Sec. 122.008. PROCUREMENT AT DETERMINED PRICE. A suitable
product or service that meets applicable specifications
established by the state or its political subdivisions and that
is available within the time specified must be procured from a
community rehabilitation program at the price determined by the
council to be the fair market price.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 4, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 132, Sec. 7, eff.
Sept. 1, 2003.
Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL JUSTICE.
The 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 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, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.119, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, Sec. 5, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 132, Sec. 8, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, Sec. 6, eff. Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 6, eff.
Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1,
eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1304, Sec. 7, eff. Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 132, Sec. 9, eff.
Sept. 1, 2003.
Sec. 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, Sec. 8, eff. Sept. 1,
2001.
Sec. 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, Sec. 10, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 9, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 132, Sec. 11, 12, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 14, eff.
Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1304, Sec. 10, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(63),
(81).
Sec. 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, Sec. 10, eff. Aug. 28,
1995. Renumbered from Human Resources Code Sec. 122.020 by Acts
1997, 75th Leg., ch. 165, Sec. 31.01(62), eff. Sept. 1, 1997.
Sec. 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, Sec. 13, eff. Sept. 1,
2003.
Sec. 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, Sec. 14, eff. Sept. 1,
2003.
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 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, Sec. 15, eff. Sept. 1,
2003.
Sec. 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, Sec. 16, eff. Sept. 1,
2003.