CHAPTER 806
PURCHASES OF PRODUCTS AND SERVICESFROM PEOPLE WITH DISABILITIES
POLICY CONCEPT
Background
The 84th Texas Legislature, Regular Session (2015),enacted Senate Bill (SB) 212, abolishing the Texas Council on Purchasing from People with Disabilities (TCPPD). SB 212 §29(a) transferred all former TCPPD powers and duties to the Texas Workforce Commission (TWC) to administer the Purchasing from People with Disabilities (PPD) program. Per §29(b), all former council rules will be in effect as TWC rules governing the PPD program until superseded.
Through notice published in the Texas Register, TWC administratively transferred the former council rules in 40 Texas Administrative Code (TAC), Part 7, §§189.1–189.13, concerning Purchases of Products and Services from People with Disabilities, from the Texas Comptroller of Public Accounts to 40 TAC, Part 20, §§806.1–806.13, under TWC. To align with SB 212requirements, this transfer was effective September 1, 2015.
Issue #1
Based on prior law, the council rules provide that the TCPPD is composed of nine Governor-appointed members who set policy and exercise all authority and responsibility pursuant to Texas Human Resources Code, Chapter 122.
Recommendations
Staff recommends the following changes to bring rules governing the PPD program into alignment with SB 212:
- Amend Chapter 806 to addthat TWC’s three-member Commission(Commission) shall appointthirteen members to an advisory committee to assist TWC in establishing program performance goals and criteria for certifying a community rehabilitation program (CRP) for participation in the program;
- Amend Chapter 806 to requirethe advisory committee toprovide input to the Commission in adopting rules applicable to the PPD program administered under this chapter relating to the employment-first policies described by Sections 531.02447 and 531.02448, Government Code;
- Amend Chapter 806 to outline TWC’s authority and responsibilitiesrelating to the PPD program; and
- Amend Chapter 806 to specifically note that TWCstaff will provide administrative support to the advisory committee.
Issue #2
Referencesin the former TCPPD rules to “council”, “subcommittees”, and “comptroller”are no longer accurate. SB 212 has separated the functions formerly provided by TCPPD and divided those between the advisory committee, the agency and the Commission.
Recommendations
Staff recommends the following:
- Re-organize the rules to align with TWC’s rules structure;
- Streamline rules to remove wording taken verbatim from statute, inserting cross-reference instead; and
- Use clarifying terminology to reflect the different administrative structure of TWC.
Issue #3
Under former TCPPD framework, formal complaints regarding matters under the TCPPD jurisdiction were made in writing and addressed to its presiding officer, who referred the complaint to the appropriate subcommittee for review and determination.
Recommendation
Staff recommends amending Chapter 806 to clarify that formal complaints regarding consumer interest must be submitted in writing and addressed to TWCstaff.
Issue #4
Based on current rule, certification and re-certification process follows previous legislation and is based on the authority of the Council.
Recommendation
Align certification and re-certification process to reflect changes due to new legislation, recommendations from the advisory committee, and change in authority.
Issue #5
In current rule, and based on the previous Council structure, a CRP that receives a recommendation of non-approval of certification or recertification can protest that recommendation of non-approval by bringing it up at the next scheduled Council meeting.
Recommendation
Staff recommends repealing this rule as this approach does not align with either the statute or Commission procedures. Staff is reviewing a number of programmatic options for ensuring notice and an opportunity to fully develop the information provided to the Commission for a final decision.
PC-Ch. 806 Purchasing from People w_Disabilities (06.30.16)Notebook