Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter A - GENERAL PROVISIONS AND PROGRAM OPERATIONS › Section 854.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise. Unless expressly provided otherwise, words in the present or past
					 tense include the future tense, and the singular includes the plural, and the
					 plural includes the singular.
(1)
				  Act--Randolph-Sheppard Act (20 USC, Chapter 6A, §107 et seq.).
(2) Agency--The Texas Workforce Commission,
				  which is the state licensing agency for the Randolph-Sheppard program titled
				  the Business Enterprises of Texas.
(3) Application for Training--The "BET
				  Application for Training" form used by VR customers to apply for prerequisite
				  trainings that is a required prerequisite to be considered for a
				  license.
(4) Assignment
				  Application--The "BET Facility Assignment Application" form used by licensees
				  to apply for a facility.
(5)
				  BET--Business Enterprises of Texas.
(6) BET assignment--The document that sets
				  forth the terms and conditions for management of a BET facility by the
				  individual named as manager.
(7)
				  BET director--The administrator of Business Enterprises of Texas; or, if there
				  is no individual in that capacity, the individual designated by the VRD
				  director to perform that function; or if there is none, the VRD
				  director.
(8) BET
				  facility--Automatic vending machines, cafeterias, snack bars, cart service,
				  shelters, counters, and other equipment that may be operated by BET managers
				  and that are necessary for the sale of newspapers, periodicals, confections,
				  tobacco products, foods, beverages, and other articles or services dispensed
				  automatically or manually and prepared on or off the premises in accordance
				  with all applicable health laws, and including the vending or exchange of
				  tickets for any lottery authorized by state law.
(9) BET manual--"Business Enterprises of
				  Texas Manual of Operations," which contains this subchapter adopted by the
				  Agency and related instructions and procedures by which BET facilities are to
				  be managed.
(10) Blind (individual
				  who is)--An individual whose central visual acuity does not exceed 20/200 in
				  the better eye with correcting lenses or whose visual acuity, if better than
				  20/200, is accompanied by a limit to the field of vision in the better eye to
				  such a degree that its widest diameter subtends an angle of no greater than 20
				  degrees. In determining whether an individual is blind, there shall be an
				  examination by a physician skilled in diseases of the eye, or by an
				  optometrist, whichever the individual shall select.
(11) Business day--A day on which state
				  agencies are officially required to be open during their normal business
				  hours.
(12) ECM--Elected Committee
				  of Managers--A committee representative of BET licensees pursuant to
				  20
				  USC §
											107b-1(3) of the Randolph-Sheppard
				  Act.
(13) Expendables--Items that
				  require a low capital outlay and have a short life expectancy, including, but
				  not limited to, small wares, thermometers, dishes, glassware, flatware, sugar
				  and napkin dispensers, salt and pepper shakers, serving trays, kitchen knives,
				  spreaders, serving spoons, and ladles.
(14) Immediate family--Any individual related
				  within the first degree of affinity (marriage) or consanguinity (blood) to the
				  individual involved.
(15)
				  Individual with a significant disability--An individual who has a severe
				  physical or mental impairment that seriously limits one or more functional
				  capacities (such as mobility or communication).
(16) Initial assignment--The first BET
				  facility to which a manager is assigned after being licensed.
(17) Instruction by Agency staff
				  members--Instructions that are proper and authorized and in accordance with
				  applicable statutes and program rules, regulations, and procedures.
(18) Level 1 facility--A BET facility that in
				  the previous year generated a net income after set-aside fees equal to or less
				  than 170 percent of the median net income after set-aside fees of all BET
				  managers for the previous year or, in the case of a new BET facility, is
				  reasonably expected to generate that income.
(19) Level 2 facility--A BET facility that in
				  the previous year generated a net income after set-aside fees greater than 170
				  percent of the median net income after set-aside fees of all BET managers for
				  the previous year or, in the case of a new BET facility, is reasonably expected
				  to generate that income.
(20)
				  Licensee--A blind individual who has been licensed by the Agency as qualified
				  to apply for and operate a BET facility, and which shall have the same meaning
				  assigned to "blind licensee" in
				  34 CFR
				  §
											395.1.
(21) Manager--A licensee who is operating a
				  BET facility, and which shall have the same meaning assigned to "vendor" in
				  34 CFR
				  §
											395.1.
(22) Net sales--All sales, excluding sales
				  tax.
(23) Other income--Money
				  received by a manager from sources other than direct sales, such as vending
				  commissions or subsidies.
(24)
				  Sanitation and cleaning supplies--Items that require a low capital outlay and
				  have a short life expectancy, such as, by way of illustration and not
				  limitation, mops, brooms, detergents, bleach, gloves, oven mitts, trash bags,
				  food wrapping supplies, foil, and cleaning supplies for food
				  equipment.
(25) State
				  property--Lands and buildings owned, leased, or otherwise controlled by the
				  State of Texas; and equipment and facilities purchased and/or owned by the
				  State of Texas.
(26) Substantial
				  interest--An individual has a substantial interest if:
(A) in an assignment decision:
(i) the individual will benefit financially
				  from the assignment decision; and
(ii) funds received by the individual from
				  the business exceed 10 percent of the individual's gross income for the
				  previous year; or