| (a) Survey. When a BET facility becomes available for
assignment, Agency staff shall conduct a survey of the site to determine
the fixtures, furnishings, and equipment required to allow the facility
to operate in accordance with projections by Agency staff of the potential
business model for the facility. When the facility is an existing
one, the survey shall consider the need for replacement or repair
of fixtures, furnishings, and equipment.
(b) Facility plan. Agency staff shall prepare a detailed
listing of the requirements for fixtures, furnishings, and equipment
for the facility, including specifications for each item required
and a site plan of the facility depicting the placement of the fixtures,
furnishings, and equipment within the facility. The facility shall
be consistent with local ordinances as well as state and federal requirements.
(c) Acquisition, placement, and installation. When
satisfied with the plan for the fixtures, furnishings, and equipment
required for the facility, Agency staff shall procure the necessary
fixtures, furnishings, and equipment to be placed or installed in
the facility in accordance with the approved plans. The Agency may
also purchase necessary fixtures, furnishings, and equipment for placement
away from the facility for off-site storage.
(d) Ownership.
(1) All state fixtures, furnishings, and equipment
within the facility shall at all times remain the property of the
State of Texas. The facility manager's use of all such fixtures, furnishings,
and equipment shall be as a licensee only and in accordance with the
BET Equipment Loan Agreement.
(2) The Agency shall have the sole authority to direct,
control, transfer, and dispose of the fixtures, furnishings, and equipment.
(e) Modifications. No modifications or alterations
shall be made to state-owned fixtures, furnishings, or equipment by
any individual, firm, or entity without the express prior written
approval of the Agency.
(f) Upkeep and maintenance.
(1) The manager assigned to a facility shall be provided
with manuals, instructions, and guides electronically or in a format
requested by the manager. These documents for state-owned fixtures,
furnishings, and equipment within the facility should be in an accessible
format.
(2) It shall be the responsibility of the manager to
keep fixtures, furnishings, and equipment clean and sanitary and to
perform maintenance required or recommended by the manufacturers or
vendors of the fixtures, furnishings, and equipment. This must be
in accordance with the BET instructions and equipment manuals.
(3) The Agency has the right to perform required maintenance
and require the manager to reimburse the Agency for that maintenance.
(4) The manager shall keep and maintain accurate records
of all maintenance performed on fixtures, furnishings, and equipment.
Any failure or refusal of the manager to perform the maintenance referred
to in this section shall result in the manager being required to reimburse
the Agency for the cost or expense resulting from the failure or refusal
and may result in further administrative action.
(g) Repairs and replacements.
(1) Upon notification, the Agency shall be responsible
for all necessary repairs of any of the state-owned fixtures, furnishings,
and equipment located within the facility except for repairs necessitated
by the negligence, abuse, or misuse of the fixtures, furnishings,
or equipment by the manager or the manager's employees. Failure to
comply with manufacturer's or BET's maintenance and preventive care
requirements shall be considered negligence, abuse, or misuse. The
cost of repairs necessitated by negligence, abuse, or misuse by the
manager or the manager's employees shall be the sole responsibility
of the manager. Failure to make such repairs may result in administrative
action under §854.81 of this title (relating to Administrative
Action Based on Unsatisfactory Performance).
(2) The manager shall follow the instructions as established
by BET to facilitate the timely necessary repairs and for the payment
for such services. The instructions provide specific procedures for
initiating repairs by the manager and a list of approved vendors for
repairs. The instructions provided to each manager are published revised
from time to time.
(3) Under no circumstances is a manager authorized
to have the cost of repairs charged to the Agency or to have repairs
made by anyone other than approved vendors unless Agency staff has
given the manager authority to do so in writing. Each vendor included
in the approved list of vendors for repairs shall be informed by Agency
staff of this prohibition and of the procedures for authorized repairs.
(4) Agency staff members on their own initiative or
upon request shall determine the need for replacement of any fixtures,
furnishings, or equipment, and they shall report it to the BET director.
If the BET director authorizes the expense, the replacement fixtures,
furnishings, and/or equipment shall be purchased, contingent upon
availability of BET funds.
(5) Fixtures, furnishings, and equipment shall not
include sanitation and cleaning supplies. Each manager of a facility
shall be responsible for replacing all such items with items of a
quality comparable to those being replaced and originally furnished
by the Agency.
(h) Initial inventory of merchandise and expendables
for newly licensed managers. The Agency shall furnish without charge
the initial inventory of merchandise and expendables for the initial
assignment of a newly licensed licensee. The initial inventory of
merchandise and expendables shall be sufficient to assist the manager
with starting the business.
(i) Subsequent inventory of merchandise, sanitation
and cleaning supplies, and expendables.
(1) The manager shall maintain an inventory of merchandise,
sanitation and cleaning supplies, and expendables in the same quantities
as were transferred to the manager upon assignment to the facility.
If the Agency determines that changed circumstances require different
quantities of merchandise, sanitation and cleaning supplies, and expendables,
the Agency shall communicate in writing to the manager the new quantities
required. If the new quantities of merchandise, sanitation and cleaning
supplies, and expendables are necessary to provide for the satisfactory
operation of the facility, those new quantities of inventory must
be maintained by the manager.
(2) Managers assigned to any facility other than their
initial assignment in Texas shall acquire the merchandise, sanitation
and cleaning supplies, and expendables as determined by the Agency
to be sufficient to satisfactorily operate the facility. To effectively
expedite the changeover in facilities, when a facility is already
stocked with merchandise, sanitation and cleaning supplies, and expendables,
the existing stock shall become part of the required inventory stock
level of the incoming manager. The amount owed by the incoming manager
for the existing stock shall be the amount agreed to by the affected
parties. If the existing inventory is the property of the state, the
amount owed by the incoming manager shall be the amount paid with
state funds.
(j) Purchases on credit. During the first three years
of being in the program, managers must notify the Agency in advance
of any purchase on credit of merchandise, sanitation and cleaning
supplies, and expendables.
(k) Obtaining an advance from the Agency for initial
inventory. A manager may apply to the Agency for an advance to purchase
an initial inventory of merchandise, sanitation and cleaning supplies,
and expendables. The manager must satisfy an advance received from
the Agency to purchase merchandise on subsequent assignments within
a 12-month period and must make monthly payments in the amount established
by the Agency. The granting of an advance is discretionary and may
be done only under the following conditions:
(1) The manager shall justify to the Agency, in writing,
the need for the advance and why the funds are not available from
other sources.
(2) The manager shall submit evidence satisfactory
to the Agency that the financing has been sought from at least two
commercial financial institutions.
(3) The manager shall demonstrate to the Agency his
or her ability to repay the advance within 12 months.
(4) Managers with outstanding balances on advances
are not eligible for transfer to another assignment.
(l) Transfer of fixtures, furnishings, equipment, and
inventory of merchandise, sanitation and cleaning supplies, and expendable
items. When a manager is assigned to an existing BET facility, the
responsibility for the fixtures, furnishings, and equipment of that
facility as well as its inventory of merchandise, sanitation and cleaning
supplies, and expendable items shall be transferred to the incoming
manager. The BET director shall follow the procedures for transferring
the equipment between the incoming and outgoing managers to ensure
that the managers have full knowledge of the nature and condition
of the items being transferred.
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