40 TAC §189.7
The Texas Council on Purchasing from People with Disabilities
proposes an amendment to §189.7, concerning contracting with Central
Non-profit Agencies. The section details the requirements for contracting
with a Central Nonprofit Agency. The amendment provides formal procedures
for determining the management fee rate process charged by the Central Non-profit
Agency.
Ms. Margaret Pfluger, Chairperson, of the Texas Council on Purchasing from
People with Disabilities, has determined for the first five-year period the
rule is in effect, there will be no fiscal implication for state or local
government as a result of enforcing or administering the rule.
Ms. Pfluger, also has determined that for each year of the first five-year
period the rule is in effect, the public benefit anticipated as a result of
enforcing the rule will be a clearer understanding of the program provided
by the Texas Council on Purchasing from People with Disabilities and the creation
of more efficient rules. There will be no effect on large, small or micro-businesses.
There are no anticipated economic costs to persons who are required to comply
with the rule and there is no impact on local employment.
Comments on the proposal may be submitted to Kelvin Moore, Program Administrator,
Texas Council on Purchasing from People with Disabilities, P.O. Box 13047,
Austin, TX 78711-3047. Comments may also be submitted electronically to kelvin.moore@tbpc.state.tx.us.
or faxed to (512) 463-3244. Comments must be received no later than thirty
days from the date of publication of the proposal to the
Texas Register
.
The amendment is proposed under the authority of the Texas Human
Resource Code, Title 8, Chapter 122, §122.003 and §122.013.
The following code is affected by this amendment: §122.019
§189.7.Contracting with Central Non-profit Agencies.
(a) - (b)
(No change.)
(c)
The council shall annually review the management
fee and shall publish in the
Texas Register
a
request for comment on the proposed management fee not later that the 60th
day before the review. The council shall give reasonable notice of the intended
management fee review to each CRP. In the event of a proposed management fee
rate change the council shall require the CNA to provide documentation in
support of any such change. Any supporting documentation of the CNA's proposed
rate shall be made available to the public upon request.
The council,
at its sole discretion, may negotiate and approve varying management fees
for a CNA to provide a fee structure that corresponds to the level of service
being given by a CNA to each of the CRPs.
(d)
(No change.)
(e)
In accordance with the Texas Human Resources Code, §122.019
(c)
[
(d)
], the council shall
annually
[
, at least once during the contract period, but more often if the council
deems necessary,
] review services by and the performance of a CNA, and
the revenue required to accomplish the program. The purpose of the review
shall be to determine whether a CNA has complied with statutory requirements,
contract requirements, and performance standards set forth in §189.12
of this title (relating to performance standards for a central nonprofit agency).
[
Following the review of a CNA as required by §122.019(d) of the
Human Resources Code, the council at its sole discretion, may approve the
performance of the central nonprofit agency and the continuation of the contract
through its termination date; or
]
(f)
Following the review of a CNA as required by §122.019(d)
of the Human Resources Code, the council at its sole discretion, may approve
the performance of the central nonprofit agency and the continuation of the
contract through its termination date.
The council may issue a request
for proposals or negotiate an emergency contract not to exceed one year, when
a contract with a CNA is terminated by the council because:
(1) - (4)
(No change.)
(g) - (r)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2004.
TRD-200407504
Margaret Pfluger
Chairman
Texas Council on Purchasing from People with Disabilities
Earliest possible date of adoption: February 13, 2005
For further information, please call: (512) 463-3244