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Texas Laws | Human Resource Code
HUMAN RESOURCES CODE
TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES

Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995. (9552)

Amended by: (9553)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 15, eff. September 1, 2015. (9554)

Sec. 122.016. EXCEPTIONS. (9555)(Text)

(a) Exceptions from the operation of the mandatory provisions of Section 122.014 may be made in any case where: (9556)

(1) under the rules of the comptroller, the product or service so produced or provided does not meet the reasonable requirements of the office, department, institution, or agency; or (9557)

(2) the requisitions made cannot be reasonably complied with through provision of products or services produced by persons with disabilities. (9558)

(b) Each month, the comptroller shall provide the workforce commission with a list of all items purchased under the exception provided by Subsection (a). The workforce commission 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 workforce commission considers relevant to a determination of why the product or service was not purchased in accordance with Section 122.014. (9559)

(c) No office, department, institution, or agency may evade the intent of this section by slight variations from standards adopted by the comptroller, 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. (9560)

Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995. (9561)

Amended by: (9562)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.425, eff. April 2, 2015. (9563)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 16, eff. September 1, 2015. (9564)

Sec. 122.017. PROCUREMENT FOR POLITICAL SUBDIVISIONS. (9565)(Text)

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. (9566)

Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995. (9567)

Sec. 122.018. POLITICAL SUBDIVISIONS EXCLUDED. (9568)(Text)

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.C. Sections 791 through 794f). This chapter does not prohibit a political subdivision from acting as a willing buyer outside a bid system. (9569)

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. (9570)

Amended by: (9571)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.426, eff. April 2, 2015. (9572)

Sec. 122.019. CENTRAL NONPROFIT AGENCY. (9573)(Text)

(a) The workforce commission 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 workforce commission may contract with a central nonprofit agency to: (9574)

(1) recruit and assist community rehabilitation programs in developing and submitting applications for the selection of suitable products and services; (9575)

(2) facilitate the distribution of orders among community rehabilitation programs; (9576)

(3) manage and coordinate the day-to-day operation of the program, including the general administration of contracts with community rehabilitation programs; (9577)

(4) promote increased supported employment opportunities for persons with disabilities; and (9578)

(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. (9579)

(b) The services of a central nonprofit agency may include marketing and marketing support services, such as: (9580)

(1) assistance to community rehabilitation programs regarding solicitation and negotiation of contracts; (9581)

(2) direct marketing of products and services to consumers; (9582)

(3) research and development of products and services; (9583)

(4) public relations activities to promote the program; (9584)

(5) customer relations; (9585)

(6) education and training; (9586)

(7) accounting services related to purchase orders, invoices, and payments to community rehabilitation programs; and (9587)

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