The following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise.
(1) Appreciable contribution--the term used to refer
to the substantial work effort contributed by persons 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.
(2) Central nonprofit agency (CNA)--An agency designated
as a central nonprofit agency under contract with the council pursuant
to §122.019 of the Texas Human Resources Code.
(3) Chapter 122--Chapter 122 of the Texas Human Resources
(4) Community rehabilitation program (CRP)--A government
entity, private nonprofit unincorporated entity which has its own
nonprofit status and federal tax identification number and has as
its primary purpose the employment of persons with disabilities to
produce products or perform services for compensation, or a private
nonprofit incorporated entity with its own federal tax identification
number, articles of incorporation and bylaws that establish its existence
for the primary purpose of employing persons with disabilities to
produce products or perform services for compensation.
(5) Comptroller--The Comptroller of Public Accounts.
(6) Council--The Texas Council on Purchasing from People
(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 mental or physical impairment, including
blindness, that impedes a person who is seeking, entering, or maintaining
(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, §2155.138 and §2155.069,
Government Code or as described in §122.014 and §122.016,
Human Resources Code.
(10) State use program--The statutorily authorized
mandate requiring state agencies to purchase, on a non-competitive
basis, the products made and services performed by persons with disabilities,
which have been approved by the council pursuant to Human Resources
Code, Chapter 122 and 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 non-competitive
basis by any political subdivision of the state.
(11) Value added--The labor of persons 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.
Source Note: The provisions of this §806.2 adopted to be effective April 21, 1997, 22 TexReg 3437; amended to be effective January 8, 2001, 25 TexReg 12991; amended to be effective January 5, 2009, 34 TexReg 64; amended to be effective September 4, 2011, 36 TexReg 5413; transferred effective September 1, 2015, as published in the Texas Register August 7, 2015, 40 TexReg 5065