Statutes


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-5-services-for-the-blind-and-visually-handicapped > Chapter-94-vending-facilities-operated-by-blind-persons

HUMAN RESOURCES CODE

TITLE 5. SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED

CHAPTER 94. VENDING FACILITIES OPERATED BY BLIND PERSONS

Sec. 94.001. DEFINITIONS. In this chapter:

(1) “Blind person” means a person having not more than 20/200

visual acuity in the better eye with correcting lenses or visual

acuity greater than 20/200 but with a limitation in the field of

vision such that the widest diameter of the visual field subtends

an angle no greater than 20 degrees.

(2) “Vending facility” means a facility in which food, drinks,

drugs, novelties, souvenirs, tobacco products, notions, or

related items are sold regularly. The term excludes facilities

consisting solely of vending machines that do not compete

directly or indirectly with a facility that is or could be

operated by a vocationally handicapped person.

(3) “State property” means land and buildings owned, leased, or

otherwise controlled by the state.

(4) “Agency” means the state agency in charge of state property.

(5) “Handicapped” means a physical or mental condition that the

commission or rehabilitation commission determines to constitute

a substantial vocational disadvantage.

(6) “Commission” means the Texas Commission for the Blind.

(7) “Rehabilitation commission” means the Texas Rehabilitation

Commission.

Acts 1979, 66th Leg., p. 2411, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 793, Sec. 21,

eff. Sept. 1, 1985.

Sec. 94.002. LICENSE OR PERMIT REQUIRED. (a) No person may

operate a vending facility or a facility with vending machines or

other coin-operated devices on state property unless the person

is licensed to do so by the commission or is authorized to do so

by an agency granted a permit to arrange for vending facilities.

(b) Subsection (a) of this section does not apply to a building

in which the State Purchasing and General Services Commission

leases space to a private tenant under Subchapter E, Chapter

2165, Government Code.

Acts 1979, 66th Leg., p. 2411, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 3415, ch. 571,

Sec. 5, eff. Jan. 1, 1984; Acts 1997, 75th Leg., ch. 165, Sec.

17.19(16), eff. Sept. 1, 1997.

Sec. 94.003. LICENSING PROCEDURE. (a) On its own initiative or

at the request of an agency that controls state property, the

commission shall survey the property, or blueprints and other

available information concerning the property, to determine

whether the installation of a vending facility is feasible and

consonant with the commission’s vocational rehabilitation

objectives.

(b) If the installation of the facility is feasible, the

commission shall either license a blind person to operate a

facility to be installed by the commission or allow the

rehabilitation commission to install a facility to be operated by

a handicapped person who is not blind according to rules and

procedures comparable to those adopted by the commission. The

commission and the rehabilitation commission may enter into

agreements relating to management services and related forms of

necessary assistance.

Acts 1979, 66th Leg., p. 2411, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.004. LOCATION OF VENDING FACILITIES. (a) With the

concurrence of the agency in charge of state property, the

commission shall designate the location of vending facilities

that have been requested by the agency.

(b) The agency responsible for state property shall alter the

property to make it suitable for the proper operation of the

vending facilities. To this end, the agency in charge of

constructing new state property shall consult with the commission

during the planning stage on the construction.

Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.005. ISSUANCE OF LICENSES; ELIGIBILITY. (a) The

commission may issue a license to operate its vending facilities

on state property to blind citizens of the state who are capable

of operating the facilities in a manner that is reasonably

satisfactory to all parties concerned.

(b) Before issuing a license to a person, the commission shall

determine whether the person has the physical, psychological, and

personal traits and abilities required to operate a vending

facility in a satisfactory manner.

(c) The commission shall maintain a roster of the names of each

person who has been certified as suitable for licensing. If two

or more equally qualified persons are listed on the roster and

apply for a license to operate an available vending facility, the

commission shall issue the license to the person who is most in

need of employment.

(d) The granting of a license does not vest the licensee with

property or other rights which may constitute the basis of a

cause of action, at law or in equity, against the state or its

officers or employees.

Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.006. EXPIRATION, RENEWAL, AND REVOCATION OF LICENSES.

(a) A license or general permit to operate a vending facility on

state property is valid for a period of three years from the date

it is issued.

(b) The commission shall review each license or permit prior to

its expiration and shall issue a new or different license or

permit as the circumstances warrant.

(c) The commission and the agency may consent mutually to revoke

a general permit prior to its expiration if changed circumstances

warrant that action.

(d) A blind person’s wilful failure to comply with the

commission’s rules or the provisions of this chapter constitutes

grounds for the automatic revocation of the person’s license.

(e) The commission shall adopt substantive and procedural rules

governing the revocation of licenses.

Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.007. OPERATION OF VENDING FACILITIES UNDER THE

REHABILITATION COMMISSION. (a) If the commission determines

that a blind person could not properly operate a vending facility

at a particular location, the rehabilitation commission may

survey the property to determine whether a handicapped person

whose disability is not of a visual nature could operate the

facility in a proper manner.

(b) The commission and the rehabilitation commission may develop

procedures and methods of exchanging information necessary to

implement cooperative activities.

(c) The installation and operation of a vending facility by the

rehabilitation commission must conform to the provisions of this

chapter applicable to vending facilities installed by the

commission.

Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.008. CLOSING CERTAIN FACILITIES PROHIBITED. Neither a

vending facility operated by a blind or otherwise vocationally

handicapped individual nor a vending facility location surveyed

by the commission may be closed as a result of the transfer of

state property from one agency to another, the alteration of a

state building, or the reorganization of a state agency unless

the commission or the rehabilitation commission agrees to the

closing.

Acts 1979, 66th Leg., p. 2413, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.009. EMPLOYMENT OF ASSISTANTS. (a) If an individual

licensed to operate a vending facility on state property requires

an assistant, a qualified visually handicapped person must be

given preference for employment. If the commission determines

that a visually handicapped person could not perform the labor

for which an assistant is required, or if a visually handicapped

person is not available, a handicapped person whose disability is

not of a visual nature must be given preference for employment.

If no handicapped person is available for the job, preference

must be given to a person who is socially, culturally,

economically, or educationally disadvantaged.

(b) An assistant employed by a blind person licensed by the

commission must be approved by the commission, and the deliberate

refusal of a blind licensee to comply with this section

constitutes grounds for the revocation of his or her license.

Acts 1979, 66th Leg., p. 2413, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.010. COMPETING VENDING MACHINES. (a) If the commission

and an agency agree to the installation and operation of an

additional vending facility or vending machine on property that

already has a commission-sponsored vending facility, no

additional permit or license is required. However, the

installation of a competing vending facility consisting of

vending machines or other coin-operated devices must be

authorized by the commission. The commission’s authorization must

be made with a view toward providing the greatest economic

benefits for blind persons consonant with supplying the

additional services required at the building.

(b) State agencies shall cooperate and negotiate in good faith

to accomplish the purposes of this chapter.

(c) Vocationally handicapped individuals who operate vending

facilities on state property are entitled to receive all

commissions from vending machines installed on the same property.

If two or more vending facilities are operated by vocationally

handicapped persons in a building in which vending machines are

installed, the commission shall divide the commissions from the

vending machines among the handicapped operators in a manner that

will achieve equity and equality in the incomes of the

handicapped operators. If the commission and the rehabilitation

commission have decided not to locate a vending facility in a

building, the agency to whom a general permit has been issued

shall determine the assignment of the commissions from vending

machines installed in the building.

Acts 1979, 66th Leg., p. 2413, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.011. VENDING FACILITY EQUIPMENT AND STOCK. (a) The

commission may supply a blind vending facility operator with

equipment and initial stock necessary for the operator to begin

business.

(b) The commission shall collect and set aside from the proceeds

of the operation of its vending facilities enough money:

(1) to insure a sufficient amount of initial stock for the

facilities and for their proper maintenance;

(2) to pay the costs of supervision and other expenses

incidental to the operation of the facilities; and

(3) to pay other program costs to the extent necessary to assure

fair and equal treatment of the blind persons licensed to operate

the facilities and to the extent allowed under federal programs

that provide financial support to the commission.

(c) Except for purchasing and installing original equipment, the

operation of commission-sponsored vending facilities must be as

self-supporting and self-sustaining as possible. To achieve this

end, the commission shall periodically review and, when

necessary, revise its schedules for collecting and setting aside

money from the proceeds of its vending facilities.

Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.012. DUTIES AND PRIVILEGES OF PARTIES. (a) The

commission may promulgate rules and initiate procedures necessary

to implement this chapter.

(b) A blind person licensed to operate a vending facility on

state property shall operate the facility in accordance with law

and the commission’s rules and policies.

(c) The agency in charge of state property shall cooperate with

the commission and its blind licensees to accomplish the purposes

of this chapter. The agency shall also furnish all necessary

utility service, including connections and outlets required for

the installation of the facility, janitorial and garbage disposal

services where feasible, and other related assistance.

Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.013. TRAINING PROGRAMS. The commission may establish

training or experimentation locations necessary to train blind

persons who desire to be licensed to operate vending facilities

and to develop techniques which will allow blind persons to

operate the facilities or related types of small businesses more

efficiently and productively.

Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.014. CONFORMITY WITH FEDERAL STATUTES. (a) This

chapter shall be construed in a manner consistent with the

requirements of federal programs that provide financial

assistance to the commission.

(b) If a provision of this chapter conflicts with a federal

program requirement, the commission may waive or modify the

provision to the extent necessary to secure the full benefits of

the federal program.

Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 94.015. APPLICATION OF CHAPTER. (a) This chapter does not

apply to:

(1) property over which the federal government maintains partial

or complete control;

(2) property maintained and operated by state-supported

institutions of higher education; provided, however, that the

commission may enter into agreements with state institutions of

higher education concerning the use of blind labor in vending

facilities at the institutions; or

(3) property purchased by the state or an agency of the state,

property to which title is transferred from one state agency to

another, or property control of which is transferred from one

state agency to another, if:

(A) at the time of purchase or transfer of title or control, a

vending facility is being operated on the property under lease,

license, or contract; and

(B) prior to the time of purchase or transfer of title or

control, the provisions of this chapter were rendered

inapplicable to such property by this section or other law.

(b) This chapter does not apply to vending facilities operated

by an institution under the control of the Texas Department of

Mental Health and Mental Retardation, or its successor, if the

vending facilities are operated without profit for the benefit of

the patients at the institution.

(c) This chapter does not prohibit the commission from selecting

blind persons to operate other suitable types of vending

facilities or business enterprises, and the chapter does not

prohibit the installation of automated vending facilities

serviced by blind persons.

Acts 1979, 66th Leg., p. 2414, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4364, ch. 700,

art. III, Sec. 2, eff. Aug. 29, 1983.

Sec. 94.016. BUSINESS ENTERPRISES PROGRAM. (a) The commission

is authorized to administer the Business Enterprises Program in

accordance with the provisions of the Randolph-Sheppard Act (20

U.S.C. Section 107 et seq.).

(b) The commission is authorized to administer a retirement

program for individuals licensed to operate vending facilities in

accordance with applicable state and federal laws.

(c) A trust fund for a retirement program for individuals

licensed to operate vending facilities under the Business

Enterprises Program is established with the comptroller of public

accounts. This trust fund will be set up in the state treasury.

(d) All federal vending machine income shall be credited to this

Business Enterprises Program trust fund. Vending machine income,

as defined by 34 C.F.R. Section 395.1(z), means receipts (other

than those of a blind vendor) from vending machine operations on

federal property, after deducting the cost of goods sold

(including reasonable service and maintenance costs) in

accordance with customary business practices of commercial

vending concerns, where the machines are operated, serviced, or

maintained by, or with the approval of, a department, agency, or

instrumentality of the United States, or commissions paid (other

than to a blind vendor) by a commercial vending concern which

operates, services, and maintains vending machines on federal

property for, or with the approval of, a department, agency, or

instrumentality of the United States.

(e) All expenditures authorized by the Randolph-Sheppard Act

from federal vending revenue funds shall be paid from the

Business Enterprises Program trust fund.

(f) The commission may contract with a professional management

service to administer the Business Enterprises Program trust

fund. In administering the trust fund, the professional

management service may acquire, exchange, sell, or retain any

kind of investment that a prudent investor, exercising reasonable

care, skill, and caution, would acquire, exchange, sell, or

retain under the circumstances, taking into consideration the

investment of all the assets of the trust fund.

(g) With the approval of the comptroller, the commission may

select a commercial bank, depository trust company, or other

entity to serve as a custodian of the Business Enterprises

Program trust fund’s securities, and money realized from those

securities, pending completion of an investment transaction.

Money realized from those securities must be:

(1) reinvested not later than one business day after the date it

is received; or

(2) deposited in the treasury not later than the fifth business

day after the date it is received.

Added by Acts 1999, 76th Leg., ch. 213, Sec. 9, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1011, Sec. 2, eff.

June 15, 2001.