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.
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