Bill Text: TX SB212 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the abolishment of the Texas Council on Purchasing from People with Disabilities and the transfer of its functions to the Texas Workforce Commission.

Sponsorship: Slight Partisan Bill (Republican 5-2)

Status: (Enrolled - Dead) 2015-06-17 - Effective on 9/1/15 [SB212 Detail]

Download: Texas-2015-SB212-Enrolled.html

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S.B. No. 212

AN ACT
relating to the abolishment of the Texas Council on Purchasing from
People with Disabilities and the transfer of its functions to the
Texas Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2155.138(a) and (b), Government Code,
are amended to read as follows:
(a) The competitive bidding provisions of this chapter do
not apply to a state purchase of goods or services that:
(1) are made or provided by blind or visually impaired
persons;
(2) are offered for sale to a state agency through
efforts made under Chapter 122, Human Resources Code [law by the
Texas Council on Purchasing from People with Disabilities];
(3) meet state specifications for quantity, quality,
delivery, and life cycle costs; and
(4) cost not more than the fair market price of similar
items.
(b) The Texas Workforce Commission [council] shall test the
goods and services to the extent necessary to ensure quality. The
Texas Workforce Commission [council] may enter into a contract with
a private or public entity to assist with testing.
SECTION 2. The heading to Chapter 122, Human Resources
Code, is amended to read as follows:
CHAPTER 122. [TEXAS COUNCIL ON] PURCHASING FROM PEOPLE WITH
DISABILITIES
SECTION 3. Section 122.0012, Human Resources Code, is
amended to read as follows:
Sec. 122.0012. SUNSET PROVISION. (a) The comptroller's
authority to perform any act under this chapter that relates to
state purchasing is subject to Chapter 325, Government Code (Texas
Sunset Act). Notwithstanding any other law, that authority expires
September 1, 2021, unless continued in existence as provided by
Chapter 325, Government Code.
(b) The Texas Workforce Commission's authority to
administer and oversee the program administered under this chapter
is subject to Chapter 325, Government Code (Texas Sunset Act).
Notwithstanding any other law, that authority expires September 1,
2021, unless continued in existence as provided by Chapter 325,
Government Code.
SECTION 4. Section 122.002, Human Resources Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Workforce commission" means the Texas Workforce
Commission.
SECTION 5. Section 122.0057, Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
Sec. 122.0057. ADVISORY COMMITTEE. (a) The workforce
commission shall [council may] establish an advisory committee to
assist the workforce commission in establishing:
(1) performance goals for the program administered
under this chapter; and
(2) criteria for certifying a community
rehabilitation program for participation in the program
administered under this chapter [if the council considers the
committee necessary. The membership of the committee is determined
by the council].
(b) The advisory committee consists of 13 members appointed
by the workforce commission as follows:
(1) four representatives from community
rehabilitation programs that participate in the program
administered under this chapter;
(2) four representatives from organizations that
advocate for persons with disabilities;
(3) the executive commissioner of the health and human
services commission or designee; and
(4) four persons with disabilities, of whom two are
employed by a community rehabilitation program that participates in
the program administered under this chapter [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 the [an] advisory committee serve at the will
of the workforce commission [council. The council may dissolve an
advisory committee when appropriate].
(d) The workforce commission shall appoint a presiding
officer from among the advisory committee members [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 and Visually
Impaired community rehabilitation programs;
[(2) the Goodwill community rehabilitation programs;
[(3) other community rehabilitation programs;
[(4) representatives from central nonprofit agencies;
[(5) representatives of disability advocacy groups;
[(6) government purchasing agents with knowledge of
this chapter;
[(7) private industry representatives with knowledge
of this chapter; and
[(8) private citizens with disabilities who have
knowledge of the sale of products and services].
(e) The members of the advisory committee serve staggered
four-year terms, with the terms of either six or seven members
expiring February 1 of each odd-numbered year. A member may not
serve more than two terms.
(f) A vacancy on the committee shall be filled in the same
manner as the original appointment for that position.
(g) The advisory committee shall meet semiannually.
(h) The advisory committee shall:
(1) establish specific objectives for the program
administered under this chapter that are appropriate given the
program's status as one of several employment-related services this
state offers to persons with disabilities;
(2) develop performance measures that may be used by
the workforce commission to evaluate whether the program is meeting
the objectives established under Subdivision (1); and
(3) recommend criteria for certifying community
rehabilitation programs for participation in the program.
(i) In developing the performance measures under Subsection
(h), the advisory committee must consider the following factors as
applicable to the program administered under this chapter:
(1) the percentage of total sales revenue attributable
to the program:
(A) paid in wages to persons with disabilities;
and
(B) spent on direct training and professional
development services for persons with disabilities;
(2) the average hourly wage earned by a person
participating in the program;
(3) the average annual salary earned by a person
participating in the program;
(4) the number of persons with disabilities
participating in the program paid less than minimum wage;
(5) the average number of hours worked each week by a
person with a disability who participates in the program;
(6) the percentage of persons with disabilities who
participate in the program and who are placed into competitive
positions, including competitive management or administrative
positions within community rehabilitation programs; and
(7) the percentage of work performed by persons with
disabilities who participate in the program that is purely
repackaging labor.
(j) The advisory committee shall meet at the call of the
presiding officer at least once each fiscal year to review and, if
necessary, recommend changes to program objectives, performance
measures, and criteria established under Subsection (h).
(k) The advisory committee shall provide input to the
workforce commission in adopting rules applicable to the program
administered under this chapter relating to the employment-first
policies described by Sections 531.02447 and 531.02448, Government
Code.
(l) The workforce commission shall provide administrative
support to the advisory committee.
(m) The advisory committee is not subject to Chapter 2110,
Government Code.
SECTION 6. Chapter 122, Human Resources Code, is amended by
adding Section 122.0058 to read as follows:
Sec. 122.0058. APPLICATION OF OPEN MEETINGS LAW, OPEN
RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY
COMMITTEE. The advisory committee established under Section
122.0057 is subject to the requirements of the open meetings law,
Chapter 551, Government Code, the open records law, Chapter 552,
Government Code, and Chapter 2001, Government Code.
SECTION 7. Sections 122.007(a) and (c), Human Resources
Code, and Section 122.007(d), Human Resources Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are
amended to read as follows:
(a) The workforce commission [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 participating
in the program administered under this chapter. The workforce
commission [council] shall ensure that the products and services
offered for sale offer the best value for the state or a political
subdivision. The comptroller shall provide the workforce
commission with the information and resources necessary for the
workforce commission to comply with this subsection.
(c) The workforce commission [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 workforce commission
[council] shall test the goods and services in accordance with
Section 2155.069, Government Code, to the extent necessary to
ensure quality. The workforce commission [council] may enter into
a contract with a private or public entity to assist with testing.
The comptroller shall make awards under this section based on
proposed goods and services meeting formal state specifications
developed by the comptroller or meeting commercial specifications
approved by the comptroller.
SECTION 8. Section 122.008, Human Resources Code, is
amended to read as follows:
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
workforce commission [council] to be the fair market price under
Section 122.007.
SECTION 9. Section 122.009, Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
Sec. 122.009. RECORDS. [(a)] The records of the workforce
commission [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 comptroller is the depository for all records
concerning the council's operations.
[(c) The council is subject to Chapter 552, Government
Code.]
SECTION 10. Sections 122.0095(a) and (e), Human Resources
Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, are amended to read as follows:
(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 comptroller and the workforce
commission [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.
(e) The workforce commission [council] shall review and
analyze the information contained in the reports under this section
and Sections 122.012 and 122.016. The comptroller shall assist the
workforce commission [council] in reviewing and analyzing the
reports in order to improve state agency compliance with this
chapter.
SECTION 11. Section 122.010, Human Resources Code, is
amended to read as follows:
Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL
JUSTICE. The workforce commission [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 workforce commission [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.
SECTION 12. Section 122.011, Human Resources Code, is
amended to read as follows:
Sec. 122.011. CORRELATION WITH RELATED FEDERAL PROGRAMS.
The workforce commission [council] may adopt procedures,
practices, and standards used for federal programs similar to the
state program established in this chapter.
SECTION 13. Sections 122.012(a), (b), and (e), Human
Resources Code, as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, are amended to read as follows:
(a) The comptroller shall cooperate with, and provide any
[legal and other] necessary support to, the workforce commission
[council] in accordance with legislative appropriation[. The
comptroller shall assign an upper-level management employee to
ensure that the comptroller 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 workforce commission [council] in the
operation of the program. The Department of Assistive and
Rehabilitative Services 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
the program administered under this chapter [any function or
responsibility of the council].
(e) After any audit or review the comptroller conducts with
regard to state agency compliance with purchasing laws and
procedures, the comptroller shall report to the workforce
commission [council] a state agency that is not complying with this
chapter.
SECTION 14. Sections 122.013(a) and (c), Human Resources
Code, are amended to read as follows:
(a) The workforce commission [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.
(c) The workforce commission [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.
SECTION 15. Section 122.015, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) In determining the fair market value of products or
services offered for sale under this chapter, the workforce
commission [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.
(d) The comptroller shall provide the workforce commission
with the information and resources necessary for the workforce
commission to comply with this section.
SECTION 16. Section 122.016(b), Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
(b) Each month, the comptroller shall provide the workforce
commission [council] with a list of all items purchased under the
exception provided by Subsection (a). The workforce commission
[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 workforce
commission [council] considers relevant to a determination of why
the product or service was not purchased in accordance with Section
122.014.
SECTION 17. Section 122.019, Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
Sec. 122.019. CENTRAL NONPROFIT AGENCY. (a) The workforce
commission [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 workforce commission may [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 workforce
commission [council].
(c) Each year, the workforce commission [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
workforce commission [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
workforce commission [council] may review and renegotiate the
contract with a central nonprofit agency. Not later than the 60th
day before the date the workforce commission [council] adopts or
renews a contract, the workforce commission [council] shall publish
notice of the proposed contract in the Texas Register.
(e) The workforce commission shall determine the best
method to structure 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 workforce commission [council]
and is subject to Section 122.023. The percentage shall be set by
the workforce commission [council] in the amount necessary to
reimburse the general revenue fund for direct and reasonable costs
incurred by the comptroller and[,] the workforce commission
[council, and the council staff] in administering the comptroller's
and workforce commission's [council's] duties under this chapter,
including any costs associated with providing support to the
advisory committee.
(g) The workforce commission [council] may terminate a
contract with a central nonprofit agency if:
(1) the workforce commission [council] finds
substantial evidence of the central nonprofit agency's
noncompliance with contractual obligations; and
(2) the workforce commission [council] has provided at
least 30 days' notice to the central nonprofit agency of the
termination of the contract.
(h) The workforce commission [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 workforce commission
[council] as a central nonprofit agency.
SECTION 18. Section 122.020, Human Resources Code, is
amended to read as follows:
Sec. 122.020. CONSUMER INFORMATION; COMPLAINTS. (a) The
workforce commission [council] shall prepare information of
consumer interest describing the activities of the workforce
commission under this chapter [council] and describing the
workforce commission's [council's] procedures by which consumer
complaints are filed with and resolved by the workforce commission
under this chapter [council]. The workforce commission [council]
shall make the information available to the general public and
appropriate state agencies.
(b) The workforce commission [council] shall keep an
information file about each complaint filed with the workforce
commission [council]. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
workforce commission [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 workforce commission [council] closed the file without
taking action other than to investigate the complaint.
(c) If a written complaint is filed with the workforce
commission [council], the workforce commission [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 workforce commission [council] shall provide to the
person filing the complaint and to each person who is a subject of
the complaint a copy of the workforce commission's [council's]
policies and procedures relating to complaint investigation and
resolution.
SECTION 19. Sections 122.0205(a) and (c), Human Resources
Code, are amended to read as follows:
(a) A dispute between the workforce commission [council]
and a central nonprofit agency or a community rehabilitation
program shall first be submitted to alternative dispute resolution.
(c) This section does not limit the workforce commission's
[council's] ability to request opinions from the attorney general.
SECTION 20. Section 122.0215, Human Resources Code, is
amended to read as follows:
Sec. 122.0215. ACCESS TO INFORMATION AND RECORDS;
INSPECTION. (a) The workforce commission [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 workforce commission [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
workforce commission [council] to be relevant to the administration
of this chapter.
(c) The workforce commission [council] shall adopt rules
establishing procedures to ensure that the information and records
maintained by the workforce commission [council] under this chapter
are kept confidential and protected from release to unauthorized
persons.
(d) The workforce commission [council] or a central
nonprofit agency at the workforce commission's [council's]
direction may inspect a community rehabilitation program for
compliance with certification criteria established under Section
[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.]
SECTION 21. Section 122.022, Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
Sec. 122.022. REPORTS. (a) On or before November 1 of each
year, the workforce commission [council] shall prepare an annual
financial report in the form prescribed by Section 2101.011,
Government Code, relating to the workforce commission's activities
under this chapter and file the report with the governor and the
presiding officer of each house of the legislature [a copy of the
annual financial report prepared by the council under Section
2101.011, Government Code].
(b) As part of the report filed under Subsection (a), the
workforce commission [council] shall provide:
(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 workers without disabilities who are
employed in community rehabilitation programs under this chapter;
and
(7) the average and range of weekly earnings for
workers with disabilities and workers without disabilities who are
employed in community rehabilitation programs under this chapter.
SECTION 22. Section 122.023, Human Resources Code, is
amended to read as follows:
Sec. 122.023. [COUNCIL] FUNDS. All money paid to the
workforce commission [council] under this chapter is subject to
Subchapter F, Chapter 404, Government Code.
SECTION 23. Section 122.024, Human Resources Code, is
amended to read as follows:
Sec. 122.024. STRATEGIC PLAN; FINAL OPERATING PLAN. The
workforce commission [council] shall prepare a [an agency]
strategic plan and a final operating plan relating to the workforce
commission's activities under this chapter as required by
Subchapter E, Chapter 2054, Government Code.
SECTION 24. Section 122.028, Human Resources Code, is
amended to read as follows:
Sec. 122.028. PROGRAM PROMOTION. The workforce commission
[council] shall establish procedures for the promotion of the
program administered under this chapter.
SECTION 25. Section 122.029, Human Resources Code, is
amended to read as follows:
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 workforce commission [council] a
state agency that is not complying with this chapter.
(b) If the state auditor reports to the workforce commission
[council] that a state agency is not complying with this chapter,
the workforce commission [council] shall assist the agency in
complying.
SECTION 26. Section 122.030, Human Resources Code, is
amended to read as follows:
Sec. 122.030. MANAGEMENT FEE RATE; REVIEW PROCESS.
(a) The workforce commission [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 workforce commission [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 workforce commission [council] shall adopt rules to
implement this section.
SECTION 27. The following provisions of the Human Resources
Code, including provisions amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, are repealed:
(1) Section 122.002(4);
(2) Section 122.003;
(3) Section 122.004;
(4) Section 122.005;
(5) Section 122.0055;
(6) Section 122.006;
(7) Section 122.007(b);
(8) Section 122.013(b);
(9) Section 122.0206;
(10) Section 122.021;
(11) Section 122.025; and
(12) Section 122.027.
SECTION 28. (a) The Texas Council on Purchasing from
People with Disabilities is abolished.
(b) The validity of an action taken by or in connection with
the authority of the Texas Council on Purchasing from People with
Disabilities before it is abolished is not affected by the
abolition.
SECTION 29. (a) All powers and duties of the Texas Council
on Purchasing from People with Disabilities are transferred to the
Texas Workforce Commission.
(b) A rule, form, policy, procedure, or decision of the
Texas Council on Purchasing from People with Disabilities continues
in effect as a rule, form, policy, procedure, or decision of the
Texas Workforce Commission until superseded by an act of the Texas
Workforce Commission.
(c) A reference in law to the Texas Council on Purchasing
from People with Disabilities means the Texas Workforce Commission.
(d) Any action or proceeding before the Texas Council on
Purchasing from People with Disabilities is transferred without
change in status to the Texas Workforce Commission and the Texas
Workforce Commission assumes, without a change in status, the
position of the Texas Council on Purchasing from People with
Disabilities in any action or proceeding to which the Texas Council
on Purchasing from People with Disabilities is a party.
(e) All money, contracts, leases, rights, bonds, and
obligations of the Texas Council on Purchasing from People with
Disabilities are transferred to the Texas Workforce Commission.
(f) All personal property, including records, in the
custody of the Texas Council on Purchasing from People with
Disabilities becomes the property of the Texas Workforce
Commission.
(g) All funds appropriated by the legislature to the Texas
Council on Purchasing from People with Disabilities are transferred
to the Texas Workforce Commission.
SECTION 30. The terms of the current members of the advisory
committee amended by this Act expire on the effective date of this
Act. On that date or as soon as possible after that date, the Texas
Workforce Commission shall appoint new members to the advisory
committee in accordance with the requirements of Section 122.0057,
Human Resources Code, as amended by this Act. The Texas Workforce
Commission shall designate the six members of the committee whose
terms expire on February 1, 2017, and the seven members of the
committee whose terms expire on February 1, 2019.
SECTION 31. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 212 passed the Senate on
April 15, 2015, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 26, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 212 passed the House, with
amendments, on May 20, 2015, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor