Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter A - GENERAL PROVISIONS REGARDING PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Section 806.2 - 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. "Agency" and "Commission" are defined in §
										800.2 of
					 this title (relating to Definitions).
(1) Appreciable contribution--The term used
				  to refer to the substantial work effort contributed by individuals with
				  disabilities in the reforming of raw materials, assembly of components, or
				  packaging of bulk products in more saleable quantities, by which value is added
				  into the final product offered for sale or through which the individuals with
				  disabilities develop new job skills that have not been previously attained
				  through other jobs.
(2) Advisory
				  committee--The Purchasing from People with Disabilities Advisory Committee,
				  established by the Commission, as described in Texas Human Resources Code,
				  §
										122.0057.
(3) Central nonprofit agency (CNA)--An entity
				  designated as a central nonprofit agency under contract pursuant to Texas Human
				  Resources Code, §
										122.019.
(4) Chapter 122--Texas Human Resources Code,
				  Chapter 122, relating to Purchasing from People with Disabilities.
(5) Community rehabilitation program (CRP)--A
				  government or nonprofit private program operated under criteria established by
				  the Commission and under which individuals with severe disabilities produce
				  products or perform services for compensation.
(6) Comptroller--The Comptroller of Public
				  Accounts.
(7) Direct labor--All
				  work required for preparation, processing, and packaging of a product, or work
				  directly relating to the performance of a service, except supervision,
				  administration, inspection, or shipping products.
(8) Disability--A disability recognized under
				  the Americans with Disabilities Act that impedes a person who is seeking,
				  entering, or maintaining gainful employment.
(9) Exception--Any product or service
				  approved for the state use program purchased from a vendor other than a CRP
				  because the state use product or service does not meet the applicable
				  requirements as to quantity, quality, delivery, life cycle costs, and testing
				  and inspection requirements pursuant to Texas Government Code, §
										2155.138 and §
										2155.069 or as
				  described in Texas Human Resources Code, §
										122.014 and
				  §
										122.016.
(10) Individual with Disabilities--An
				  individual with a disability recognized under the Americans with Disabilities
				  Act and employed by a CRP or an entity selected by a CRP.
(11) Minimum wage--The wage under Section 6,
				  Fair Labor Standards Act of 1938 (
				  29
				  USC §
											206 ).
(12) State use program--The statutorily
				  authorized mandate requiring state agencies to purchase, on a noncompetitive
				  basis, the products made and services performed by individuals with
				  disabilities, which have been approved by the Agency pursuant to Texas Human
				  Resources Code, Chapter 122 and which also meet the requirements of Texas
				  Government Code, §
										2155.138 and §
										2155.069. This
				  program also makes approved products and services available to be purchased on
				  a noncompetitive basis by any political subdivision of the state.
(13) Value added--The labor of individuals
				  with disabilities applied to raw materials, components, goods purchased in bulk
				  form resulting in a change in the composition or marketability of component
				  materials, packaging operations, and/or the servicing tasks associated with a
				  product. Pass-throughs are not allowed; therefore, solely affixing a packaging
				  label to a commodity does not qualify.