Texas 2015 - 84th Regular

Texas House Bill HB1989 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4534 TSR-D
2	2	By: Burkett H.B. No. 1989
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the abolishment of the Texas Council on Purchasing from
8	8	People with Disabilities and the transfer of its functions to the
9	9	comptroller of public accounts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 2155.138(a) and (b), Government Code,
12	12	are amended to read as follows:
13	13	(a) The competitive bidding provisions of this chapter do
14	14	not apply to a state purchase of goods or services that:
15	15	(1) are made or provided by blind or visually impaired
16	16	persons;
17	17	(2) are offered for sale to a state agency through
18	18	efforts made under Chapter 122, Human Resources Code [law by the
19	19	Texas Council on Purchasing from People with Disabilities];
20	20	(3) meet state specifications for quantity, quality,
21	21	delivery, and life cycle costs; and
22	22	(4) cost not more than the fair market price of similar
23	23	items.
24	24	(b) The comptroller [council] shall test the goods and
25	25	services to the extent necessary to ensure quality. The
26	26	comptroller [council] may enter into a contract with a private or
27	27	public entity to assist with testing.
28	28	SECTION 2. The heading to Chapter 122, Human Resources
29	29	Code, is amended to read as follows:
30	30	CHAPTER 122. [TEXAS COUNCIL ON] PURCHASING FROM PEOPLE WITH
31	31	DISABILITIES
32	32	SECTION 3. Section 122.0057, Human Resources Code, is
33	33	amended to read as follows:
34	34	Sec. 122.0057. ADVISORY COMMITTEE. (a) The comptroller
35	35	shall [council may] establish an advisory committee to assist the
36	36	comptroller in establishing:
37	37	(1) performance goals for the program administered
38	38	under this chapter; and
39	39	(2) criteria for certifying a community
40	40	rehabilitation program for participation in the program
41	41	administered under this chapter [if the council considers the
42	42	committee necessary. The membership of the committee is determined
43	43	by the council].
44	44	(b) The advisory committee consists of nine members
45	45	appointed by the comptroller as follows:
46	46	(1) two representatives from community rehabilitation
47	47	programs that participate in the program administered under this
48	48	chapter;
49	49	(2) three representatives from organizations that
50	50	advocate for persons with disabilities;
51	51	(3) one representative from a state agency that
52	52	provides vocational rehabilitation services to persons with
53	53	disabilities; and
54	54	(4) three persons with disabilities, one of whom is
55	55	employed by a community rehabilitation program that participates in
56	56	the program administered under this chapter [The council shall
57	57	specify the purpose and duties of the advisory committee, which
58	58	must include:
59	59	[(1) reviewing the effectiveness of the program
60	60	administered under this chapter; and
61	61	[(2) recommending procedures to create higher skilled
62	62	and higher paying employment opportunities].
63	63	(c) Members of the [an] advisory committee serve at the will
64	64	of the comptroller [council. The council may dissolve an advisory
65	65	committee when appropriate].
66	66	(d) The comptroller shall appoint a presiding officer from
67	67	among the advisory committee members [The council shall make
68	68	reasonable attempts to have balanced representation on all advisory
69	69	committees, including attempting to seek representation from:
70	70	[(1) the Lighthouse for the Blind community
71	71	rehabilitation programs;
72	72	[(2) the Goodwill community rehabilitation programs;
73	73	[(3) the Texas Department of Mental Health and Mental
74	74	Retardation community rehabilitation program;
75	75	[(4) other community rehabilitation programs;
76	76	[(5) representatives from central nonprofit agencies;
77	77	[(6) representatives of disability advocacy groups;
78	78	[(7) government purchasing agents with knowledge of
79	79	this chapter;
80	80	[(8) private industry representatives with knowledge
81	81	of this chapter; and
82	82	[(9) private citizens who have a disability and have
83	83	knowledge of the sale of products and services].
84	84	(e) The members of the advisory committee serve staggered
85	85	four-year terms, with the terms of either four or five members
86	86	expiring February 1 of each odd-numbered year. A member may not
87	87	serve more than two terms.
88	88	(f) A vacancy on the committee shall be filled in the same
89	89	manner as the original appointment for that position.
90	90	(g) The advisory committee shall meet at the call of the
91	91	presiding officer.
92	92	(h) The advisory committee shall:
93	93	(1) establish specific objectives for the program
94	94	administered under this chapter that are appropriate given the
95	95	program's status as one of several employment-related services this
96	96	state offers to persons with disabilities;
97	97	(2) develop performance measures that may be used by
98	98	the comptroller to evaluate whether the program is meeting the
99	99	objectives established under Subdivision (1); and
100	100	(3) recommend criteria for certifying community
101	101	rehabilitation programs for participation in the program.
102	102	(i) In developing the performance measures under Subsection
103	103	(h), the advisory committee must consider the following factors as
104	104	applicable to the program administered under this chapter:
105	105	(1) the percentage of total sales revenue attributable
106	106	to the program:
107	107	(A) paid in wages to persons with disabilities;
108	108	and
109	109	(B) spent on direct training and professional
110	110	development services for persons with disabilities;
111	111	(2) the average hourly wage earned by a person
112	112	participating in the program;
113	113	(3) the average annual salary earned by a person
114	114	participating in the program;
115	115	(4) the number of persons with disabilities
116	116	participating in the program paid less than minimum wage;
117	117	(5) the average number of hours worked each week by a
118	118	person with a disability who participates in the program;
119	119	(6) the percentage of persons with disabilities who
120	120	participate in the program and who are placed into competitive
121	121	positions, including competitive management or administrative
122	122	positions within community rehabilitation programs; and
123	123	(7) the percentage of work performed by persons with
124	124	disabilities who participate in the program that is purely
125	125	repackaging labor.
126	126	(j) The advisory committee shall meet at the call of the
127	127	presiding officer at least once each fiscal year to review and, if
128	128	necessary, recommend changes to program objectives, performance
129	129	measures, and criteria established under Subsection (h).
130	130	(k) The advisory committee shall provide input to the
131	131	comptroller in adopting rules applicable to the program
132	132	administered under this chapter relating to the employment-first
133	133	policies described by Sections 531.02447 and 531.02448, Government
134	134	Code.
135	135	(l) The advisory committee may request administrative
136	136	support from the comptroller. The comptroller shall provide the
137	137	requested assistance.
138	138	(m) The advisory committee is not subject to Chapter 2110,
139	139	Government Code.
140	140	SECTION 4. Chapter 122, Human Resources Code, is amended by
141	141	adding Section 122.0058 to read as follows:
142	142	Sec. 122.0058. APPLICATION OF OPEN MEETINGS LAW, OPEN
143	143	RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY
144	144	COMMITTEE. The advisory committee established under Section
145	145	122.0057 is subject to the requirements of the open meetings law,
146	146	Chapter 551, Government Code, the open records law, Chapter 552,
147	147	Government Code, and Chapter 2001, Government Code.
148	148	SECTION 5. Sections 122.007(a), (c), (d), and (e), Human
149	149	Resources Code, are amended to read as follows:
150	150	(a) The comptroller [council] shall determine the fair
151	151	market price of all products and services manufactured or provided
152	152	by persons with disabilities and offered for sale to the various
153	153	agencies and departments of the state and its political
154	154	subdivisions by a community rehabilitation program participating
155	155	in the program administered under this chapter. The comptroller
156	156	[council] shall ensure that the products and services offered for
157	157	sale offer the best value for the state or a political subdivision.
158	158	(c) The comptroller [council] shall revise the prices
159	159	periodically to reflect changing market conditions.
160	160	(d) Before offering for sale products and services
161	161	manufactured or provided by persons with disabilities to state
162	162	agencies and political subdivisions, the comptroller [council]
163	163	shall test the goods and services in accordance with Section
164	164	2155.069, Government Code, to the extent necessary to ensure
165	165	quality. The comptroller [council] may enter into a contract with a
166	166	private or public entity to assist with testing. The comptroller
167	167	[commission] shall make awards under this section based on proposed
168	168	goods and services meeting formal state specifications developed by
169	169	the comptroller [commission] or meeting commercial specifications
170	170	approved by the comptroller [commission].
171	171	(e) Requisitions for products and services required by
172	172	state agencies are processed by the comptroller [commission]
173	173	according to rules established by the comptroller [commission].
174	174	SECTION 6. Section 122.008, Human Resources Code, is
175	175	amended to read as follows:
176	176	Sec. 122.008. PROCUREMENT AT DETERMINED PRICE. A suitable
177	177	product or service that meets applicable specifications
178	178	established by the state or its political subdivisions and that is
179	179	available within the time specified must be procured from a
180	180	community rehabilitation program at the price determined by the
181	181	comptroller [council] to be the fair market price under Section
182	182	122.007.
183	183	SECTION 7. Sections 122.009(a) and (b), Human Resources
184	184	Code, are amended to read as follows:
185	185	(a) The records of the comptroller [council] and of a
186	186	central nonprofit agency shall, to the extent that the records
187	187	pertain specifically to state purchases of the products and
188	188	services of persons with disabilities, be made available upon
189	189	request to the inspection of representatives of the state auditor,
190	190	the governor's budget office, or the Legislative Budget Board. The
191	191	inspection of the records shall be conducted with due regard to the
192	192	privacy rights of persons with disabilities. A document that is
193	193	available for inspection under this subsection is an open record
194	194	for purposes of Chapter 552, Government Code.
195	195	(b) The comptroller shall maintain [commission is the
196	196	depository for] all records concerning the comptroller's
197	197	[council's] operations under this chapter.
198	198	SECTION 8. Sections 122.0095(a), (d), and (e), Human
199	199	Resources Code, are amended to read as follows:
200	200	(a) Each state agency that purchases products or services
201	201	through a program under this chapter shall:
202	202	(1) designate an agency employee to ensure that the
203	203	agency complies with this chapter; and
204	204	(2) report to the comptroller [commission and the
205	205	council] the purchase of products or services available from a
206	206	central nonprofit agency or community rehabilitation program under
207	207	this chapter, but purchased from another business that is not a
208	208	central nonprofit agency or community rehabilitation program under
209	209	this chapter.
210	210	(d) The comptroller [commission] shall post the reports
211	211	required by Subsection (a)(2) on the comptroller's [commission's]
212	212	website.
213	213	(e) The comptroller [council] shall review and analyze the
214	214	information contained in the reports under this section and
215	215	Sections 122.012 and 122.016[. The commission shall assist the
216	216	council in reviewing and analyzing the reports] in order to improve
217	217	state agency compliance with this chapter.
218	218	SECTION 9. Section 122.010, Human Resources Code, is
219	219	amended to read as follows:
220	220	Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL
221	221	JUSTICE. The comptroller [council] may cooperate with the Texas
222	222	Department of Criminal Justice to accomplish the purposes of this
223	223	chapter and to contribute to the economy of state government. The
224	224	comptroller [council] and the department may enter into contractual
225	225	agreements, cooperative working relationships, or other
226	226	arrangements necessary for effective coordination and the
227	227	realization of the objectives of both entities.
228	228	SECTION 10. Section 122.011, Human Resources Code, is
229	229	amended to read as follows:
230	230	Sec. 122.011. CORRELATION WITH RELATED FEDERAL PROGRAMS.
231	231	The comptroller [council] may adopt procedures, practices, and
232	232	standards used for federal programs similar to the state program
233	233	established in this chapter.
234	234	SECTION 11. Section 122.012, Human Resources Code, is
235	235	amended to read as follows:
236	236	Sec. 122.012. DUTIES OF COMPTROLLER [COMMISSION];
237	237	INTERAGENCY COOPERATION. (a) The comptroller [commission] shall
238	238	perform the comptroller's duties under this chapter with assistance
239	239	from the advisory committee established under Section 122.0057
240	240	[provide legal and other necessary support to the council] in
241	241	accordance with legislative appropriation[. The commission shall
242	242	assign an upper-level management employee to ensure that the
243	243	commission meets the requirements of this chapter].
244	244	(b) State agencies responsible for the provision of
245	245	rehabilitation and related services to persons with disabilities
246	246	shall cooperate with the comptroller [council] in the operation of
247	247	the program. The Department of Assistive and Rehabilitative
248	248	Services [Texas Commission for the Blind, the Texas Rehabilitation
249	249	Commission,] and other state human services agencies responsible
250	250	for assisting persons with disabilities may, through written
251	251	agreements or interagency contracts, provide space, storage,
252	252	logistical support, consultation, expert services, communications
253	253	services, or financial assistance with respect to any function or
254	254	responsibility of the comptroller under this chapter [council].
255	255	(c) The comptroller [commission] or a state agency may not
256	256	assume the marketing or fiscal responsibility for the expense of
257	257	marketing the products and services of persons with disabilities
258	258	under the program.
259	259	(d) The comptroller [commission] shall include the programs
260	260	administered under this chapter in the comptroller's [commission's]
261	261	procurement policy manuals.
262	262	(e) After any audit or review the comptroller [commission]
263	263	conducts with regard to state agency compliance with purchasing
264	264	laws and procedures, the comptroller [commission] shall assist
265	265	[report to the council] a state agency that is not complying with
266	266	this chapter to comply with this chapter.
267	267	SECTION 12. Sections 122.013(a) and (c), Human Resources
268	268	Code, are amended to read as follows:
269	269	(a) The comptroller [council] shall adopt rules for the
270	270	implementation, extension, administration, or improvement of the
271	271	program authorized by this chapter in accordance with Chapter 2001,
272	272	Government Code.
273	273	(c) The comptroller [council] shall adopt rules to:
274	274	(1) address possible conflicts of interest for central
275	275	nonprofit agencies and community rehabilitation programs;
276	276	(2) establish a process for the certification of
277	277	community rehabilitation programs;
278	278	(3) establish a minimum percentage of disabled labor
279	279	an organization must employ to be considered a community
280	280	rehabilitation program under this chapter; and
281	281	(4) define the terms "value-added" and "direct labor"
282	282	for products manufactured and services provided that are offered
283	283	for sale under this chapter.
284	284	SECTION 13. Section 122.014, Human Resources Code, is
285	285	amended to read as follows:
286	286	Sec. 122.014. PRODUCT SPECIFICATIONS. Except as otherwise
287	287	provided by this section, a product manufactured for sale through
288	288	the comptroller [commission] to any office, department,
289	289	institution, or agency of the state under this chapter shall be
290	290	manufactured or produced according to specifications developed by
291	291	the comptroller [commission]. If the comptroller [commission] has
292	292	not adopted specifications for a particular product, the production
293	293	shall be based on commercial or federal specifications in current
294	294	use by industry for the manufacture of the product for sale to the
295	295	state.
296	296	SECTION 14. Section 122.015(a), Human Resources Code, is
297	297	amended to read as follows:
298	298	(a) In determining the fair market value of products or
299	299	services offered for sale under this chapter, the comptroller
300	300	[subcommittee established under Section 122.007(b) and the
301	301	council] shall give due consideration to the following type of
302	302	factors:
303	303	(1) to the extent applicable, the amounts being paid
304	304	for similar articles in similar quantities by federal agencies
305	305	purchasing the products or services under the authorized federal
306	306	program of like effect to the state program authorized by this
307	307	chapter;
308	308	(2) the amounts which private business would pay for
309	309	similar products or services in similar quantities if purchasing
310	310	from a reputable corporation engaged in the business of selling
311	311	similar products or services;
312	312	(3) to the extent applicable, the amount paid by the
313	313	state in any recent purchases of similar products or services in
314	314	similar quantities, making due allowance for general inflationary
315	315	or deflationary trends;
316	316	(4) the actual cost of manufacturing the product or
317	317	performing a service at a community rehabilitation program offering
318	318	employment services on or off premises to persons with
319	319	disabilities, with adequate weight to be given to legal and moral
320	320	imperatives to pay workers with disabilities equitable wages; and
321	321	(5) the usual, customary, and reasonable costs of
322	322	manufacturing, marketing, and distribution.
323	323	SECTION 15. Section 122.016, Human Resources Code, is
324	324	amended to read as follows:
325	325	Sec. 122.016. EXCEPTIONS. (a) Exceptions from the
326	326	operation of the mandatory provisions of Section 122.014 may be
327	327	made in any case where:
328	328	(1) under the rules of the comptroller [commission],
329	329	the product or service so produced or provided does not meet the
330	330	reasonable requirements of the office, department, institution, or
331	331	agency; or
332	332	(2) the requisitions made cannot be reasonably
333	333	complied with through provision of products or services produced by
334	334	persons with disabilities.
335	335	(b) Each month, the comptroller [commission] shall prepare
336	336	[provide the council with] a list of all items purchased under the
337	337	exception provided by Subsection (a) [of this section]. The
338	338	comptroller [council] shall adopt the form in which the list is to
339	339	be provided and may include in [require] the list [to include] the
340	340	date of requisition, the type of product or service requested, the
341	341	reason for purchase under the exception, and any other information
342	342	that the comptroller [council] considers relevant to a
343	343	determination of why the product or service was not purchased in
344	344	accordance with Section 122.014.
345	345	(c) No office, department, institution, or agency may evade
346	346	the intent of this section by slight variations from standards
347	347	adopted by the comptroller [commission], when the products or
348	348	services produced or provided by persons with disabilities, in
349	349	accordance with established standards, are reasonably adapted to
350	350	the actual needs of the office, department, institution, or agency.
351	351	SECTION 16. Section 122.019, Human Resources Code, is
352	352	amended to read as follows:
353	353	Sec. 122.019. CENTRAL NONPROFIT AGENCY. (a) The
354	354	comptroller [council] may select and contract with one or more
355	355	central nonprofit agencies through a request for proposals for a
356	356	period not to exceed five years. Once the selection process is
357	357	completed, the comptroller [council] shall contract with a central
358	358	nonprofit agency to:
359	359	(1) recruit and assist community rehabilitation
360	360	programs in developing and submitting applications for the
361	361	selection of suitable products and services;
362	362	(2) facilitate the distribution of orders among
363	363	community rehabilitation programs;
364	364	(3) manage and coordinate the day-to-day operation of
365	365	the program, including the general administration of contracts with
366	366	community rehabilitation programs;
367	367	(4) promote increased supported employment
368	368	opportunities for persons with disabilities; and
369	369	(5) recruit and assist qualified nonprofit
370	370	organizations that are managed by members of racial minorities,
371	371	women, or persons with disabilities and that are in the process of
372	372	qualifying as community rehabilitation programs.
373	373	(b) The services of a central nonprofit agency may include
374	374	marketing and marketing support services, such as:
375	375	(1) assistance to community rehabilitation programs
376	376	regarding solicitation and negotiation of contracts;
377	377	(2) direct marketing of products and services to
378	378	consumers;
379	379	(3) research and development of products and services;
380	380	(4) public relations activities to promote the
381	381	program;
382	382	(5) customer relations;
383	383	(6) education and training;
384	384	(7) accounting services related to purchase orders,
385	385	invoices, and payments to community rehabilitation programs; and
386	386	(8) other duties designated by the comptroller
387	387	[council].
388	388	(c) Each year, the comptroller [council] shall review
389	389	services provided by a central nonprofit agency and the revenues
390	390	required to accomplish the program to determine whether each
391	391	agency's performance complies with contractual specifications.
392	392	Not later than the 60th day before the review, the comptroller
393	393	[council] shall publish in the Texas Register a request for comment
394	394	on the services of a central nonprofit agency that participates in
395	395	community rehabilitation programs.
396	396	(d) At least once during each five-year period, the
397	397	comptroller [council] may review and renegotiate the contract with
398	398	a central nonprofit agency. Not later than the 60th day before the
399	399	date the comptroller [council] adopts or renews a contract, the
400	400	comptroller [council] shall publish notice of the proposed contract
401	401	in the Texas Register.
402	402	(e) The comptroller shall determine the best method to
403	403	structure the maximum management fee rate charged by a central
404	404	nonprofit agency for its services [must be computed as a percentage
405	405	of the selling price of the product or the contract price of a
406	406	service, must be included in the selling price or contract price,
407	407	and must be paid at the time of sale]. The management fee rate must
408	408	be [approved by the council and must be] reviewed on an annual
409	409	basis.
410	410	(f) A percentage of the management fee described by
411	411	Subsection (e) shall be paid to the comptroller [council] and is
412	412	subject to Section 122.023. The percentage shall be set by the
413	413	comptroller [council] in the amount necessary to reimburse the
414	414	general revenue fund for direct and reasonable costs incurred by
415	415	the comptroller [commission, the council, and the council staff] in
416	416	administering the comptroller's [council's] duties under this
417	417	chapter, including any costs associated with providing support to
418	418	the advisory committee.
419	419	(g) The comptroller [council] may terminate a contract with
420	420	a central nonprofit agency if:
421	421	(1) the comptroller [council] finds substantial
422	422	evidence of the central nonprofit agency's noncompliance with
423	423	contractual obligations; and
424	424	(2) the comptroller [council] has provided at least 30
425	425	days' notice to the central nonprofit agency of the termination of
426	426	the contract.
427	427	(h) The comptroller [council] may request an audit by the
428	428	state auditor of:
429	429	(1) the management fee set by a central nonprofit
430	430	agency; or
431	431	(2) the financial condition of a central nonprofit
432	432	agency.
433	433	(i) A person may not operate a community rehabilitation
434	434	program and at the same time contract with the comptroller
435	435	[council] as a central nonprofit agency.
436	436	SECTION 17. Section 122.020, Human Resources Code, is
437	437	amended to read as follows:
438	438	Sec. 122.020. CONSUMER INFORMATION; COMPLAINTS. (a) The
439	439	comptroller [council] shall prepare information of consumer
440	440	interest describing the activities of the comptroller under this
441	441	chapter [council] and describing the comptroller's [council's]
442	442	procedures by which consumer complaints are filed with and resolved
443	443	by the comptroller under this chapter [council]. The comptroller
444	444	[council] shall make the information available to the general
445	445	public and appropriate state agencies.
446	446	(b) The comptroller [council] shall keep an information
447	447	file about each complaint filed with the comptroller [council]. The
448	448	file must include:
449	449	(1) the name of the person who filed the complaint;
450	450	(2) the date the complaint is received by the
451	451	comptroller [council];
452	452	(3) the subject matter of the complaint;
453	453	(4) the name of each person contacted in relation to
454	454	the complaint;
455	455	(5) a summary of the results of the review or
456	456	investigation of the complaint; and
457	457	(6) an explanation of the reason the file was closed,
458	458	if the comptroller [council] closed the file without taking action
459	459	other than to investigate the complaint.
460	460	(c) If a written complaint is filed with the comptroller
461	461	[council], the comptroller [council], at least as frequently as
462	462	quarterly and until final disposition of the complaint, shall
463	463	notify the parties to the complaint of the status of the complaint
464	464	unless the notice would jeopardize an undercover investigation.
465	465	(d) The comptroller [council] shall provide to the person
466	466	filing the complaint and to each person who is a subject of the
467	467	complaint a copy of the comptroller's [council's] policies and
468	468	procedures relating to complaint investigation and resolution.
469	469	SECTION 18. Sections 122.0205(a) and (c), Human Resources
470	470	Code, are amended to read as follows:
471	471	(a) A dispute between the comptroller [council] and a
472	472	central nonprofit agency or a community rehabilitation program
473	473	shall first be submitted to alternative dispute resolution.
474	474	(c) This section does not limit the comptroller's
475	475	[council's] ability to request opinions from the attorney general.
476	476	SECTION 19. Section 122.0215, Human Resources Code, is
477	477	amended to read as follows:
478	478	Sec. 122.0215. ACCESS TO INFORMATION AND RECORDS;
479	479	INSPECTION. (a) The comptroller [council] and the comptroller's
480	480	[council's] staff may access financial or other information and
481	481	records from a central nonprofit agency or a community
482	482	rehabilitation program if the comptroller [council] determines the
483	483	information and records are necessary for the effective
484	484	administration of this chapter and rules adopted under this
485	485	chapter.
486	486	(b) Information and records must be obtained under
487	487	Subsection (a) in recognition of the privacy interest of persons
488	488	employed by central nonprofit agencies or community rehabilitation
489	489	programs. The information and records may not be released or made
490	490	public on subpoena or otherwise, except that release may be made:
491	491	(1) for statistical purposes, but only if a person is
492	492	not identified;
493	493	(2) with the consent of each person identified in the
494	494	information released; or
495	495	(3) regarding a compensation package of any central
496	496	nonprofit agency employee or subcontractor if determined by the
497	497	comptroller [council] to be relevant to the administration of this
498	498	chapter.
499	499	(c) The comptroller [council] shall adopt rules
500	500	establishing procedures to ensure that the information and records
501	501	maintained by the comptroller [council] under this chapter are kept
502	502	confidential and protected from release to unauthorized persons.
503	503	(d) The comptroller [council] or a central nonprofit agency
504	504	at the comptroller's [council's] direction may inspect a community
505	505	rehabilitation program for compliance with certification criteria
506	506	established under Section [Sections 122.003(j) and] 122.013(c).
507	507	[The committee designated under Section 122.003(j) shall review the
508	508	inspection results and recommend appropriate action to the
509	509	council.]
510	510	SECTION 20. Section 122.022, Human Resources Code, is
511	511	amended to read as follows:
512	512	Sec. 122.022. REPORTS. (a) On or before November 1 of each
513	513	year, the comptroller [council] shall prepare an annual financial
514	514	report in the form prescribed by Section 2101.011, Government Code,
515	515	relating to the comptroller's activities under this chapter and
516	516	file the report with the governor and the presiding officer of each
517	517	house of the legislature [a copy of the annual financial report
518	518	prepared by the council under Section 2101.011, Government Code].
519	519	(b) As part of the report filed under Subsection (a), the
520	520	comptroller [council] shall provide:
521	521	(1) the number of persons with disabilities, according
522	522	to their type of disability, who are employed in community
523	523	rehabilitation programs participating in the programs established
524	524	by this chapter or who are employed by businesses or workshops that
525	525	receive supportive employment from community rehabilitation
526	526	programs;
527	527	(2) the amount of annual wages paid to a person
528	528	participating in the program;
529	529	(3) a summary of the sale of products offered by a
530	530	community rehabilitation program;
531	531	(4) a list of products and services offered by a
532	532	community rehabilitation program;
533	533	(5) the geographic distribution of the community
534	534	rehabilitation programs;
535	535	(6) the number of nondisabled workers who are employed
536	536	in community rehabilitation programs under this chapter; and
537	537	(7) the average and range of weekly earnings for
538	538	disabled and nondisabled workers who are employed in community
539	539	rehabilitation programs under this chapter.
540	540	SECTION 21. Section 122.023, Human Resources Code, is
541	541	amended to read as follows:
542	542	Sec. 122.023. COMPTROLLER [COUNCIL] FUNDS. All money paid
543	543	to the comptroller [council] under this chapter is subject to
544	544	Subchapter F, Chapter 404, Government Code.
545	545	SECTION 22. Section 122.024, Human Resources Code, is
546	546	amended to read as follows:
547	547	Sec. 122.024. STRATEGIC PLAN; FINAL OPERATING PLAN. The
548	548	comptroller [council] shall prepare a [an agency] strategic plan
549	549	and a final operating plan relating to the comptroller's activities
550	550	under this chapter as required by Subchapter E, Chapter 2054,
551	551	Government Code.
552	552	SECTION 23. Section 122.028, Human Resources Code, is
553	553	amended to read as follows:
554	554	Sec. 122.028. PROGRAM PROMOTION. The comptroller [council]
555	555	shall establish procedures for the promotion of the program
556	556	administered under this chapter.
557	557	SECTION 24. Section 122.029, Human Resources Code, is
558	558	amended to read as follows:
559	559	Sec. 122.029. DUTIES OF STATE AUDITOR. (a) As part of an
560	560	audit of a state agency authorized under Section 2161.123,
561	561	Government Code, the state auditor shall:
562	562	(1) conduct an audit of a state agency for compliance
563	563	with this chapter; and
564	564	(2) report to the comptroller [council] a state agency
565	565	that is not complying with this chapter.
566	566	(b) If the state auditor reports to the comptroller
567	567	[council] that a state agency is not complying with this chapter,
568	568	the comptroller [council] shall assist the agency in complying.
569	569	SECTION 25. Section 122.030, Human Resources Code, is
570	570	amended to read as follows:
571	571	Sec. 122.030. MANAGEMENT FEE RATE; REVIEW PROCESS. (a)
572	572	The comptroller [council] shall develop a formal review process for
573	573	the annual review conducted under Section 122.019(e). The review
574	574	process must include:
575	575	(1) notice to affected parties, including community
576	576	rehabilitation programs;
577	577	(2) solicitation of public comment; and
578	578	(3) documentation provided by a central nonprofit
579	579	agency in support of a proposed management fee rate change.
580	580	(b) Before making a decision relating to the management fee
581	581	rate, the comptroller [council] shall consider:
582	582	(1) any public comment received;
583	583	(2) documentation provided by a central nonprofit
584	584	agency; and
585	585	(3) any documentation provided by a community
586	586	rehabilitation program or the public.
587	587	(c) The comptroller [council] shall adopt rules to
588	588	implement this section.
589	589	SECTION 26. The following provisions of the Human Resources
590	590	Code are repealed:
591	591	(1) Section 122.002(4);
592	592	(2) Section 122.003;
593	593	(3) Section 122.004;
594	594	(4) Section 122.005;
595	595	(5) Section 122.0055;
596	596	(6) Section 122.006;
597	597	(7) Section 122.007(b);
598	598	(8) Section 122.009(c);
599	599	(9) Section 122.013(b);
600	600	(10) Section 122.0206;
601	601	(11) Section 122.021;
602	602	(12) Section 122.025; and
603	603	(13) Section 122.027.
604	604	SECTION 27. (a) The Texas Council on Purchasing from People
605	605	with Disabilities is abolished.
606	606	(b) The validity of an action taken by or in connection with
607	607	the authority of the Texas Council on Purchasing from People with
608	608	Disabilities before it is abolished is not affected by the
609	609	abolition.
610	610	SECTION 28. (a) All powers and duties of the Texas Council
611	611	on Purchasing from People with Disabilities are transferred to the
612	612	comptroller of public accounts.
613	613	(b) A rule, form, policy, procedure, or decision of the
614	614	Texas Council on Purchasing from People with Disabilities continues
615	615	in effect as a rule, form, policy, procedure, or decision of the
616	616	comptroller of public accounts until superseded by an act of the
617	617	comptroller of public accounts or the comptroller of public
618	618	accounts' staff.
619	619	(c) A reference in law to the Texas Council on Purchasing
620	620	from People with Disabilities means the comptroller of public
621	621	accounts.
622	622	(d) Any action or proceeding before the Texas Council on
623	623	Purchasing from People with Disabilities is transferred without
624	624	change in status to the comptroller of public accounts, and the
625	625	comptroller of public accounts assumes, without a change in status,
626	626	the position of the Texas Council on Purchasing from People with
627	627	Disabilities in any action or proceeding to which the Texas Council
628	628	on Purchasing from People with Disabilities is a party.
629	629	(e) All money, contracts, leases, rights, bonds, and
630	630	obligations of the Texas Council on Purchasing from People with
631	631	Disabilities are transferred to the comptroller of public accounts.
632	632	(f) All personal property, including records, in the
633	633	custody of the Texas Council on Purchasing from People with
634	634	Disabilities becomes the property of the comptroller of public
635	635	accounts.
636	636	(g) All funds appropriated by the legislature to the Texas
637	637	Council on Purchasing from People with Disabilities are transferred
638	638	to the comptroller of public accounts.
639	639	SECTION 29. The terms of the current members of the advisory
640	640	committee amended by this Act expire on the effective date of this
641	641	Act. On that date or as soon as possible after that date, the
642	642	comptroller shall appoint new members to the advisory committee in
643	643	accordance with the requirements of Section 122.0057, Human
644	644	Resources Code, as amended by this Act. The comptroller shall
645	645	designate the four members of the committee whose terms expire on
646	646	February 1, 2017, and the five members of the committee whose terms
647	647	expire on February 1, 2019.
648	648	SECTION 30. This Act takes effect September 1, 2015.