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RULE §189.2Definitions

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 Code.

  (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 with Disabilities.

  (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 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, §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 §189.2 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

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