reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 7 - Rehabilitation of Individuals With Disabilities › Chapter 117 - Department of Assistive and Rehabilitative Services › Subchapter D. -1. Administration of Direct Services Programs in General › Section 117.091. Direct Services Program Caseworker Guidelines

Sec. 117.091.  DIRECT SERVICES PROGRAM CASEWORKER GUIDELINES.  (a) The department shall use program data and best practices to establish and maintain guidelines that provide direction for caseworkers' decisions in all of the department's direct services programs.  The guidelines:
(1)  must categorize direct services program cases based on the types of services provided and, for each category, include provisions addressing:
(A)  the recommended length of time a case in that category should last; and
(B)  the recommended total expenditures for a case in that category;
(2)  must include provisions for creating intermediate goals for a client receiving services through a direct services program that will allow:
(A)  the caseworker to monitor the client's progress; and
(B)  the caseworker's supervisor to evaluate how the client's case is advancing;
(3)  must include criteria for caseworkers to use in evaluating progress on the intermediate goals described in Subdivision (2); and
(4)  may include other provisions designed to assist caseworkers and their supervisors to achieve successful outcomes for clients.
(b)  A caseworker may exceed the recommended guidelines described in Subsection (a)(1) in a direct services program case but must obtain the approval of the caseworker's supervisor after documenting the need to exceed the guidelines.
(c)  The guidelines established under this section are not intended to limit the provision of appropriate or necessary services to a client.
(d)  The department shall provide the guidelines established under this section to caseworkers in a format that allows caseworkers to easily access the information.
Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 7 - Rehabilitation of Individuals With Disabilities › Chapter 117 - Department of Assistive and Rehabilitative Services › Subchapter D. -1. Administration of Direct Services Programs in General › Section 117.092. Direct Services Program Case Review System

Sec. 117.092.  DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM.  (a) The department shall establish and maintain a single, uniform case review system for all direct services programs.
(b)  The case review system must:
(1)  include risk assessment tools that account for the different risks involved in each direct services program;
(2)  require that case reviews:
(A)  be used to consistently evaluate each direct services program across all regions, with the goal of evaluating at least 10 percent of all cases in each program and region annually;
(B)  focus on areas of highest risk and prioritize the review of the following cases:
(i)  except as provided by Subparagraph (ii), cases in which direct services have been provided for more than two years;
(ii)  cases in the Blind Children's Vocational Discovery and Development Program in which direct services have been provided for more than five years; and
(iii)  cases that are significantly outside the expenditure guidelines for that type of case;
(C)  be used to evaluate a caseworker's eligibility determinations and decisions to close a case before a service plan is developed or without the client reaching the client's goal; and
(D)  focus on the quality of a caseworker's decision-making and compliance with program requirements; and
(3)  require a caseworker's supervisor to use the reviews of a caseworker's cases in conducting the caseworker's performance evaluation and in providing informal guidance to the caseworker to improve the caseworker's performance.
Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 7 - Rehabilitation of Individuals With Disabilities › Chapter 117 - Department of Assistive and Rehabilitative Services › Subchapter D. -1. Administration of Direct Services Programs in General › Section 117.093. Direct Services Program Monitoring

Sec. 117.093.  DIRECT SERVICES PROGRAM MONITORING.  (a) Department personnel not employed to perform functions directly under a direct services program must be designated to monitor those programs from a statewide perspective. The designated personnel shall collect, monitor, and analyze data relating to direct services programs and report outcomes and trends to program managers and, as necessary, the commissioner or other appropriate executive management.
(b)  The monitoring function under Subsection (a) must include monitoring of:
(1)  performance data from all regions and all direct services programs to identify trends; and
(2)  case review data to ensure compliance with the case review system under Section 117.092.
(c)  Personnel designated to perform the monitoring function required by this section shall work with direct services program staff to develop objective and detailed outcome measures for the programs.
(d)  The department may conduct internal peer reviews of the department's field offices at regular intervals to assess the field offices' compliance with federal regulations and department policies and to compare each field office's compliance with the compliance of the other field offices. The department may use personnel designated to perform the monitoring function required by this section to facilitate the internal peer reviews.
Added by Acts 2015, 84th Leg., R.S., Ch. 775 (H.B. 2463), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.001. State Policy

Sec. 121.001.  STATE POLICY.  The policy of the state is to encourage and enable persons with disabilities to participate fully in the social and economic life of the state, to achieve maximum personal independence, to become gainfully employed, and to otherwise fully enjoy and use all public facilities available within the state.
Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 649, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.0014. Vision Statement

Sec. 121.0014.  VISION STATEMENT.  (a)  The Health and Human Services Commission, each health and human services agency, and each state agency that administers a workforce development program shall adopt the following statement of vision:
The State of Texas shall ensure that all Texans with disabilities have the opportunity and support necessary to work in individualized, competitive employment in the community and to have choices about their work and careers.
Text of subsection effective until April 01, 2025
(b)  In this section, "health and human services agency" means an agency listed by Section 531.001(4), Government Code.
Text of subsection effective on April 01, 2025
(b)  In this section, "health and human services agency" means an agency listed by Section 521.0001(5), Government Code.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 6.02(a), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.415, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.106, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.002. Definitions

Sec. 121.002.  DEFINITIONS.  In this chapter:
(1)  "Assistance animal" and "service animal" mean a canine that is specially trained or equipped to help a person with a disability and that  is used by a person with a disability.
(2)  "Harass" means any conduct that:
(A)  is directed at an assistance animal that impedes or interferes with, or is intended to impede or interfere with, the animal's performance of its duties; or
(B)  places a person with a disability who is using an assistance animal, or a trainer who is training an assistance animal, in danger of injury.
(3)  "Housing accommodations" means all or part of real property that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, except a single-family residence whose occupants rent, lease, or furnish for compensation only one room.
(4)  "Person with a disability" means a person who has:
(A)  a mental or physical disability;
(B)  an intellectual or developmental disability;
(C)  a hearing impairment;
(D)  deafness;
(E)  a speech impairment;
(F)  a visual impairment;
(G)  post-traumatic stress disorder; or
(H)  any health impairment that requires special ambulatory devices or services.
(5)  "Public facility" includes a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other educational facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.
(6)  "White cane" means a cane or walking stick that is metallic or white in color, or white tipped with a contrasting color, and that is carried by a blind person to assist the blind person in traveling from place to place.
Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, Sec. 1, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 278, Sec. 1, eff. June 5, 1985;  Acts 1995, 74th Leg., ch. 890, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 649, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.004. Penalties for and Damages Resulting From Discrimination

Sec. 121.004.  PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION.  (a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates a provision of Section 121.003 commits an offense.  An offense under this subsection is a misdemeanor punishable by:
(1)  a fine of not more than $300; and
(2)  30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year.
(b)  In addition to the penalty provided in Subsection (a), a person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties.  Subject to Section 121.0041, if applicable, the person with a disability deprived of his or her civil liberties may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability.
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 890, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 649, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 4, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 342 (H.B. 1463), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.005. Responsibilities of Persons With Disabilities

Sec. 121.005.  RESPONSIBILITIES OF PERSONS WITH DISABILITIES.  (a)  A person with a disability who uses an assistance animal for assistance in travel is liable for any damages done to the premises or facilities by the animal.
(b)  A person with a disability who uses an assistance animal for assistance in travel or auditory awareness shall keep the animal properly harnessed or leashed, and a person who is injured by the animal because of the failure of a person with a disability to properly harness or leash the animal is entitled to maintain a cause of action for damages in a court of competent jurisdiction under the same law applicable to other causes brought for the redress of injuries caused by animals.
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, Sec. 3, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 278, Sec. 3, eff. June 5, 1985;  Acts 1997, 75th Leg., ch. 649, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.006. Improper Use of Assistance and Service Animals; Offense

Sec. 121.006.  IMPROPER USE OF ASSISTANCE AND SERVICE ANIMALS; OFFENSE.  (a)  A person commits an offense if the person intentionally or knowingly represents that an animal is an assistance animal or a service animal when the animal is not specially trained or equipped to help a person with a disability.  An offense under this subsection is a misdemeanor punishable by:
(1)  a fine of not more than $1,000; and
(2)  30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year.
(b)  A person who habitually abuses or neglects to feed or otherwise neglects to properly care for the person's assistance animal or service animal is subject to seizure of the animal under Subchapter B, Chapter 821,  Health and Safety Code.
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, Sec. 4, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 278, Sec. 4, eff. June 5, 1985;  Acts 1997, 75th Leg., ch. 649, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 5, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 757 (H.B. 4164), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.008. Dissemination of Information Relating to Persons With Disabilities

Sec. 121.008.  DISSEMINATION OF INFORMATION RELATING TO PERSONS WITH DISABILITIES.  (a) To ensure maximum public awareness of the policies set forth in this chapter, the governor shall issue a proclamation each year taking suitable public notice of October 15 as White Cane Safety and Service Animal Recognition Day. The proclamation must contain appropriate comment about the significance of various devices and animals used by persons with disabilities to assist them in traveling, and must call to the attention of the public the provisions of this chapter and of other laws relating to the safety and well-being of this state's citizens with disabilities.
(b)  The comptroller, the secretary of state, and other state agencies that regularly mail forms or information to significant numbers of public facilities and businesses operating within the state shall cooperate with state agencies responsible for the rehabilitation of persons with disabilities by sending information about this chapter to those to whom regular mailings are sent.  The information, which must be sent at the request of state agencies responsible for the rehabilitation of persons with disabilities and at least once each year, may be included in regular mailings or sent separately.  If sent separately, the cost of mailing is borne by the state rehabilitation agency or agencies requesting the mailing and, regardless of whether sent separately or as part of a regular mailing, the cost of preparing information about this chapter is borne by the state rehabilitation agency or agencies requesting distribution of this information.
Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 649, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 6, eff. January 1, 2014.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.009. Construction of Chapter

Sec. 121.009.  CONSTRUCTION OF CHAPTER.  The provisions of this chapter must be construed in a manner compatible with other state laws relating to persons with disabilities.
Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 649, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.010. Testing Adults With Disabilities

Sec. 121.010.  TESTING ADULTS WITH DISABILITIES.  (a)  A test that evaluates an adult with a disability for a job position in business, government, or industry, or a test to determine that person's educational level, must measure individual abilities and not specific disabilities.
(b)  If an examiner knows that an adult examinee has a disability, the examiner may use an alternate form of testing.  The alternate form of testing may assess the aptitude of the examinee by using that person's primary learning mode.
(c)  The examiner may use as an alternate form of testing any procedure or adaption that will help ensure the best performance possible by an adult with a disability, including oral or visual administration of the test, oral or manual response to the test, the use of readers, tape recorders, interpreters, large print, or braille text, the removal of time constraints, and multiple testing sessions.
(d)  An examiner shall select and administer a test to an examinee who has a disability that impairs sensory, manual, or speaking skills so that the test accurately reflects the factor the test is intended to measure and does not reflect the examinee's impaired sensory, manual, or speaking skills.
(e)  An examiner may not use a test that has a disproportionate, adverse effect on an adult with a disability or a class of adults with disabilities unless:
(1)  the test has been validated as a predictor of success in the program or activity for which the adult with a disability is applying;  and
(2)  alternate tests or alternative forms of testing that have a less disproportionate, adverse effect do not exist or are not available.
Added by Acts 1981, 67th Leg., p. 2482, ch. 645, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1997, 75th Leg., ch. 649, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 121 - Participation in Social and Economic Activities › Section 121.011. Accessibility of Examination or Course Offered by Private Entity

Sec. 121.011.  ACCESSIBILITY OF EXAMINATION OR COURSE OFFERED BY PRIVATE ENTITY.  (a)  A private entity that offers an examination or a course related to applications, certification, credentialing, or licensing for secondary or postsecondary education, a profession, or a trade shall:
(1)  offer the examination or course in a place and manner that is accessible to persons with disabilities or make alternative accessible arrangements for persons with disabilities;
(2)  offer the examination or course to persons with disabilities:
(A)  as often as the entity offers the examination or course to persons without disabilities;
(B)  at a location that is as convenient as the location at which the entity offers the examination or course to persons without disabilities;  and
(C)  at a time that is as appropriate as the time when the entity offers the examination or course to persons without disabilities;  and
(3)  make auxiliary test guides and other resources available in alternative formats.
(b)  A private entity that offers an examination or a course described by Subsection (a) may require persons with disabilities to provide reasonable documentation of their disabilities and reasonable advance notice of any necessary modifications or aids.  The deadline for advance notice may not be earlier than the application deadline for the examination or course.  The entity may not refuse a request for modifications or aids from a person with a disability on the grounds that the person, because of the person's disability, would not meet other requirements of the profession or occupation for which the course or examination is given.
Added by Acts 1997, 75th Leg., ch. 649, Sec. 12, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.001. Purpose

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.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.0012. Sunset Provision

Sec. 122.0012.  SUNSET PROVISION.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 6.03, eff. June 10, 2019.
(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, 2027, unless continued in existence as provided by Chapter 325, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 21, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.10, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 6.03, eff. June 10, 2019.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.002. Definitions

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)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(103), eff. April 2, 2015.
(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)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 672 , Sec. 27(1), eff. September 1, 2015.
(5)  "Disability" means a mental or physical impairment, including blindness, that impedes a person who is seeking, entering, or maintaining gainful employment.
(6)  "Workforce commission" means the Texas Workforce Commission.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(103), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 27(1), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.0058. Application of Open Meetings Law, Open Records Law, and Administrative Procedure Law to Advisory Committee

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.007. Fair Market Price; Purchasing Procedures

Sec. 122.007.  FAIR MARKET PRICE;  PURCHASING PROCEDURES.  (a)  The workforce commission 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 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.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 672 , Sec. 27(7), eff. September 1, 2015.
(c)  The workforce commission 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 shall test the goods and services in accordance with Section 2155.069, Government Code, to the extent necessary to ensure quality.  The workforce commission 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.
(e)  Requisitions for products and services required by state agencies are processed by the comptroller according to rules established by the comptroller.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.419, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 7, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 27(7), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.0076. Wage Requirements

Sec. 122.0076.  WAGE REQUIREMENTS.  (a)  A community rehabilitation program may not participate in the program administered under this chapter unless each worker with a disability employed by the program is paid at least the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206), for any work relating to any products or services purchased from the community rehabilitation program through the program administered under this chapter.
(b)  The workforce commission may exempt the community rehabilitation program from the requirements of this section with respect to a worker with a disability if the workforce commission determines, based on the worker's circumstances, that requiring the program to pay the worker at the federal minimum wage would result in the program not being able to retain the worker with a disability, the worker would not have success obtaining work with a different employer, and the worker, based on the worker's circumstances, would not be able to obtain employment at a higher wage than the program would be able to pay the worker notwithstanding the requirements of this section.
(c)  To the extent of a conflict between this section and Chapter 62, Labor Code, this section controls.
Added by Acts 2019, 86th Leg., R.S., Ch. 35 (S.B. 753), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.008. Procurement at Determined Price

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 to be the fair market price under Section 122.007.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.009. Records

Sec. 122.009.  RECORDS.   The records of the workforce commission 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.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.420, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.0095. Agency Compliance; Nonprogram Purchasing Report

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 comptroller and the workforce commission 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 comptroller shall post the reports required by Subsection (a)(2) on the comptroller's website.
(e)  The workforce commission 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 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.421, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.010. Cooperation With Department of Criminal Justice

Sec. 122.010.  COOPERATION WITH DEPARTMENT OF CRIMINAL JUSTICE.  The workforce commission 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 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 (S.B. 1969), Sec. 25.119, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.011. Correlation With Related Federal Programs

Sec. 122.011.  CORRELATION WITH RELATED FEDERAL PROGRAMS.  The workforce commission 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.012. Duties of Comptroller; Interagency Cooperation

Sec. 122.012.  DUTIES OF COMPTROLLER; INTERAGENCY COOPERATION.  (a)  The comptroller shall cooperate with, and provide any necessary support to, the workforce commission in accordance with legislative appropriation.
(b)  State agencies responsible for the provision of rehabilitation and related services to persons with disabilities shall cooperate with the workforce commission 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.
(c)  The comptroller 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 comptroller shall include the programs administered under this chapter in the comptroller's procurement policy manuals.
(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 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.422, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.013. Rules

Sec. 122.013.  RULES.  (a)  The workforce commission 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)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 672 , Sec. 27(8), eff. September 1, 2015.
(c)  The workforce commission 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.423, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 14, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 27(8), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.014. Product Specifications

Sec. 122.014.  PRODUCT SPECIFICATIONS.  Except as otherwise provided by this section, a product manufactured for sale through the comptroller to any office, department, institution, or agency of the state under this chapter shall be manufactured or produced according to specifications developed by the comptroller.  If the comptroller 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.424, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.015. Determinations of Fair Market Value

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 workforce commission 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.
(d)  The comptroller shall provide the workforce commission with the information and resources necessary for the workforce commission to comply with this section.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.016. Exceptions

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 comptroller, 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 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.
(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.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.425, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.017. Procurement for Political Subdivisions

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.C. Sections 791 through 794f).  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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.426, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.020. Consumer Information; Complaints

Sec. 122.020.  CONSUMER INFORMATION; COMPLAINTS.  (a)  The workforce commission shall prepare information of consumer interest describing the activities of the workforce commission under this chapter and describing the workforce commission's procedures by which consumer complaints are filed with and resolved by the workforce commission under this chapter.  The workforce commission shall make the information available to the general public and appropriate state agencies.
(b)  The workforce commission shall keep an information file about each complaint filed with the workforce commission.  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;
(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 closed the file without taking action other than to investigate the complaint.
(c)  If a written complaint is filed with the workforce commission, the workforce commission, 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 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 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 8 - Rights and Responsibilities of Persons With Disabilities › Chapter 122 - Purchasing From People With Disabilities › Section 122.0205. Alternative Dispute Resolution

Sec. 122.0205.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  A dispute between the workforce commission 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 workforce commission's ability to request opinions from the attorney general.
Added by Acts 2001, 77th Leg., ch. 1304, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 19, eff. September 1, 2015.