| (a) Objectives. BET objectives shall be:
(1) to provide employment opportunities for qualified
individuals; and
(2) to provide an ongoing training program for managers
that encourages them to advance their upward mobility career opportunities
within the program.
(b) Relationship of BET to VRD Services. The intent
of BET, as authorized by the Act and the Texas Labor Code, is to stimulate
and enlarge the economic opportunities for legally blind individuals
who reside or are physically present in Texas to operate BET facilities
in Texas by establishing a vending facility program in which individuals
who need employment are given priority in the operation of vending
facilities selected and installed by the Agency. The Agency is required
to administer BET in accordance with the Agency's vocational rehabilitation
objectives. Therefore, a customer receiving services from VRD whose
employment goal is to be a licensed manager shall have reached an
employment outcome, as that term is used in the Rehabilitation Act
of 1973, as amended, when the customer is licensed by the Agency and
is managing a BET facility. The licensed manager shall not be considered
an employee of the Agency or of state or federal government.
(c) Full-time employment. Managing a BET facility shall
constitute full-time employment. "Full-time" shall mean "being actively
engaged in the management of a BET facility for the number of hours
necessary to achieve satisfactory operation of the facility." The
manager shall be available for necessary visits by Agency staff to
allow inspection, advice, and consultation as may be required to ensure
satisfactory operation. "Management" means "being physically present
to perform the personal supervision of the day-to-day operation of
the assigned BET facility by the assigned manager."
(d) Subcontracting. The management of a BET facility
shall not be subcontracted by a licensed manager except for temporary
periods of time approved by the Agency and in those circumstances
in which the Agency considers that subcontracting the operation of
some parts of the facility is in the best interest of BET. Potential
justifications for subcontracting include the following: business
strategies in which a portion of the facility operation may be subcontracted
so that the assigned manager may focus on another aspect of the facility;
temporary events not to exceed six months in which the assigned manager
is not capable of management duties due to illness, injury, or other
events, as approved by the Agency; and the need for business expertise
and resources beyond that available from BET. Any subcontracting shall
require the prior written approval of the Agency. The approval of
any subcontract is at the discretion of the Agency. This subsection
does not apply to equipment or machines allowed to be placed within
the facility and not owned by or arranged for by the Agency.
(e) Availability of funds. The administration of BET
and the implementation of these policies are contingent upon the availability
of funds for the purposes stated in this subchapter.
(f) BET manual. All BET policies adopted by the Agency
shall be included in the BET manual. The BET director shall ensure
that the manual and any revisions to it are provided to each licensee
electronically or in the format requested by the licensee. The licensee
shall be responsible for reading the manual and acknowledging in writing
that he or she has read and understands its contents. The BET director
shall ensure that the BET manual contains procedures from which licensees
may obtain assistance in understanding BET policies and procedures.
(g) Accessibility of BET materials. All information
produced by and provided to licensees by the Agency shall be in an
accessible format. When possible, these materials are sent in the
format requested by the licensee.
(h) Nondiscrimination.
(1) VR and BET participants. the Agency shall not discriminate
against any blind individual who is participating in or who may wish
to participate in BET on the basis of sex, age, religion, race, color,
creed, national origin, political affiliation, or physical or mental
impairment, if the impairment does not preclude satisfactory performance.
(2) BET facilities. Managers shall operate BET facilities
without discriminating against any present or prospective supplier,
customer, employee, or other individual who might come into contact
with the facility on the basis of sex, age, religion, race, color,
creed, national origin, political affiliation, or physical or mental
impairment.
(i) Emergencies. The BET director is authorized to
expend funds on an emergency basis to protect the state's investment
in a BET facility not to exceed $50,000 in a fiscal year or $5,500
per facility incident due to riot, war, fire, earthquake, hurricane,
tornado, flood, or other disasters, governmental restrictions, labor
disturbances, declared emergencies, or strikes.
(j) Temporary management. From time to time it becomes
necessary to designate a temporary manager to an unassigned facility
to ensure uninterrupted service to the host and customers. Temporary
assignments shall be for the period stated in the assignment document.
After the time frame stated in the assignment expires, the BET director
shall review the temporary assignment and shall review the assignment
every 90 days to determine the need for continuation of the temporary
assignment. The temporary assignment shall terminate when a new manager
is assigned to the facility. The Agency shall choose temporary managers
from licensees; if a licensee is not available, the Agency may contract
with a private entity. Before the Agency offers a licensee or a private
entity a temporary opportunity, the regional BET staff, at a minimum,
shall evaluate the following: the individual's willingness to serve
for the stated temporary term; the qualifications and experience relevant
to the current opportunity; and the documented management compliance
history, along with other factors set out in Agency rules. The geographic
BET staff shall provide its findings to the local ECM and seek a joint
recommendation to BET management. BET management shall make the final
determination. When more than one individual is recommended at the
local level, BET management shall first give preference to managers
available within the local ECM region and thereafter to the individual
manager with a lower average historical income, to improve his or
her income temporarily.
(k) Compliance with tax laws. Licensees and managers
shall comply with state and federal tax laws and shall not have a
tax lien against them.
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