CHAPTER 122. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH DISABILITIES - Texas Statutes

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.