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CHAPTER 94. VENDING FACILITIES OPERATED BY BLIND PERSONS

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HUMAN RESOURCES CODETITLE 5. SERVICES FOR THE BLIND AND VISUALLY HANDICAPPEDCHAPTER 94. VENDING FACILITIES OPERATED BY BLIND PERSONSSec. 94.001.DEFINITIONS.In this chapter:(1)"Blind person" means a person having not more than 20/200visual acuity in the better eye with correcting lenses or visualacuity greater than 20/200 but with a limitation in the field ofvision such that the widest diameter of the visual field subtendsan angle no greater than 20 degrees.(2)"Vending facility" means a facility in which food, drinks,drugs, novelties, souvenirs, tobacco products, notions, orrelated items are sold regularly. The term excludes facilitiesconsisting solely of vending machines that do not competedirectly or indirectly with a facility that is or could beoperated by a vocationally handicapped person.(3)"State property" means land and buildings owned, leased, orotherwise controlled by the state.(4)"Agency" means the state agency in charge of state property.(5)"Handicapped" means a physical or mental condition that thecommission or rehabilitation commission determines to constitutea substantial vocational disadvantage.(6)"Commission" means the Texas Commission for the Blind.(7)"Rehabilitation commission" means the Texas RehabilitationCommission.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 mayoperate a vending facility or a facility with vending machines orother coin-operated devices on state property unless the personis licensed to do so by the commission or is authorized to do soby an agency granted a permit to arrange for vending facilities.(b)Subsection (a) of this section does not apply to a buildingin which the State Purchasing and General Services Commissionleases space to a private tenant under Subchapter E, Chapter2165, 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 orat the request of an agency that controls state property, thecommission shall survey the property, or blueprints and otheravailable information concerning the property, to determinewhether the installation of a vending facility is feasible andconsonant with the commission's vocational rehabilitationobjectives.(b)If the installation of the facility is feasible, thecommission shall either license a blind person to operate afacility to be installed by the commission or allow therehabilitation commission to install a facility to be operated bya handicapped person who is not blind according to rules andprocedures comparable to those adopted by the commission. Thecommission and the rehabilitation commission may enter intoagreements relating to management services and related forms ofnecessary 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 theconcurrence of the agency in charge of state property, thecommission shall designate the location of vending facilitiesthat have been requested by the agency.(b)The agency responsible for state property shall alter theproperty to make it suitable for the proper operation of thevending facilities. To this end, the agency in charge ofconstructing new state property shall consult with the commissionduring 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)Thecommission may issue a license to operate its vending facilitieson state property to blind citizens of the state who are capableof operating the facilities in a manner that is reasonablysatisfactory to all parties concerned.(b)Before issuing a license to a person, the commission shalldetermine whether the person has the physical, psychological, andpersonal traits and abilities required to operate a vendingfacility in a satisfactory manner.(c)The commission shall maintain a roster of the names of eachperson who has been certified as suitable for licensing. If twoor more equally qualified persons are listed on the roster andapply for a license to operate an available vending facility, thecommission shall issue the license to the person who is most inneed of employment.(d)The granting of a license does not vest the licensee withproperty or other rights which may constitute the basis of acause of action, at law or in equity, against the state or itsofficers 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 onstate property is valid for a period of three years from the dateit is issued.(b)The commission shall review each license or permit prior toits expiration and shall issue a new or different license orpermit as the circumstances warrant.(c)The commission and the agency may consent mutually to revokea general permit prior to its expiration if changed circumstanceswarrant that action.(d)A blind person's wilful failure to comply with thecommission's rules or the provisions of this chapter constitutesgrounds for the automatic revocation of the person's license.(e)The commission shall adopt substantive and procedural rulesgoverning 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 THEREHABILITATION COMMISSION.(a)If the commission determinesthat a blind person could not properly operate a vending facilityat a particular location, the rehabilitation commission maysurvey the property to determine whether a handicapped personwhose disability is not of a visual nature could operate thefacility in a proper manner.(b)The commission and the rehabilitation commission may developprocedures and methods of exchanging information necessary toimplement cooperative activities.(c)The installation and operation of a vending facility by therehabilitation commission must conform to the provisions of thischapter applicable to vending facilities installed by thecommission.Acts 1979, 66th Leg., p. 2412, ch. 842, art. 1, Sec. 1, eff.Sept. 1, 1979.Sec. 94.008.CLOSING CERTAIN FACILITIES PROHIBITED.Neither avending facility operated by a blind or otherwise vocationallyhandicapped individual nor a vending facility location surveyedby the commission may be closed as a result of the transfer ofstate property from one agency to another, the alteration of astate building, or the reorganization of a state agency unlessthe commission or the rehabilitation commission agrees to theclosing.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 individuallicensed to operate a vending facility on state property requiresan assistant, a qualified visually handicapped person must begiven preference for employment. If the commission determinesthat a visually handicapped person could not perform the laborfor which an assistant is required, or if a visually handicappedperson is not available, a handicapped person whose disability isnot of a visual nature must be given preference for employment.If no handicapped person is available for the job, preferencemust be given to a person who is socially, culturally,economically, or educationally disadvantaged.(b)An assistant employed by a blind person licensed by thecommission must be approved by the commission, and the deliberaterefusal of a blind licensee to comply with this sectionconstitutes 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 commissionand an agency agree to the installation and operation of anadditional vending facility or vending machine on property thatalready has a commission-sponsored vending facility, noadditional permit or license is required. However, theinstallation of a competing vending facility consisting ofvending machines or other coin-operated devices must beauthorized by the commission. The commission's authorization mustbe made with a view toward providing the greatest economicbenefits for blind persons consonant with supplying theadditional services required at the building.(b)State agencies shall cooperate and negotiate in good faithto accomplish the purposes of this chapter.(c)Vocationally handicapped individuals who operate vendingfacilities on state property are entitled to receive allcommissions from vending machines installed on the same property.If two or more vending facilities are operated by vocationallyhandicapped persons in a building in which vending machines areinstalled, the commission shall divide the commissions from thevending machines among the handicapped operators in a manner thatwill achieve equity and equality in the incomes of thehandicapped operators. If the commission and the rehabilitationcommission have decided not to locate a vending facility in abuilding, the agency to whom a general permit has been issuedshall determine the assignment of the commissions from vendingmachines 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)Thecommission may supply a blind vending facility operator withequipment and initial stock necessary for the operator to beginbusiness.(b)The commission shall collect and set aside from the proceedsof the operation of its vending facilities enough money:(1)to insure a sufficient amount of initial stock for thefacilities and for their proper maintenance;(2)to pay the costs of supervision and other expensesincidental to the operation of the facilities; and(3)to pay other program costs to the extent necessary to assurefair and equal treatment of the blind persons licensed to operatethe facilities and to the extent allowed under federal programsthat provide financial support to the commission.(c)Except for purchasing and installing original equipment, theoperation of commission-sponsored vending facilities must be asself-supporting and self-sustaining as possible. To achieve thisend, the commission shall periodically review and, whennecessary, revise its schedules for collecting and setting asidemoney 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)Thecommission may promulgate rules and initiate procedures necessaryto implement this chapter.(b)A blind person licensed to operate a vending facility onstate property shall operate the facility in accordance with lawand the commission's rules and policies.(c)The agency in charge of state property shall cooperate withthe commission and its blind licensees to accomplish the purposesof this chapter. The agency shall also furnish all necessaryutility service, including connections and outlets required forthe installation of the facility, janitorial and garbage disposalservices 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 establishtraining or experimentation locations necessary to train blindpersons who desire to be licensed to operate vending facilitiesand to develop techniques which will allow blind persons tooperate the facilities or related types of small businesses moreefficiently 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)Thischapter shall be construed in a manner consistent with therequirements of federal programs that provide financialassistance to the commission.(b)If a provision of this chapter conflicts with a federalprogram requirement, the commission may waive or modify theprovision to the extent necessary to secure the full benefits ofthe 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 notapply to:(1)property over which the federal government maintains partialor complete control;(2)property maintained and operated by state-supportedinstitutions of higher education; provided, however, that thecommission may enter into agreements with state institutions ofhigher education concerning the use of blind labor in vendingfacilities 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 toanother, or property control of which is transferred from onestate agency to another, if:(A)at the time of purchase or transfer of title or control, avending facility is being operated on the property under lease,license, or contract; and(B)prior to the time of purchase or transfer of title orcontrol, the provisions of this chapter were renderedinapplicable to such property by this section or other law.(b)This chapter does not apply to vending facilities operatedby an institution under the control of the Texas Department ofMental Health and Mental Retardation, or its successor, if thevending facilities are operated without profit for the benefit ofthe patients at the institution.(c)This chapter does not prohibit the commission from selectingblind persons to operate other suitable types of vendingfacilities or business enterprises, and the chapter does notprohibit the installation of automated vending facilitiesserviced 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 commissionis authorized to administer the Business Enterprises Program inaccordance with the provisions of the Randolph-Sheppard Act (20U.S.C. Section 107 et seq.).(b)The commission is authorized to administer a retirementprogram for individuals licensed to operate vending facilities inaccordance with applicable state and federal laws.(c)A trust fund for a retirement program for individualslicensed to operate vending facilities under the BusinessEnterprises Program is established with the comptroller of publicaccounts. This trust fund will be set up in the state treasury.(d)All federal vending machine income shall be credited to thisBusiness Enterprises Program trust fund. Vending machine income,as defined by 34 C.F.R. Section 395.1(z), means receipts (otherthan those of a blind vendor) from vending machine operations onfederal property, after deducting the cost of goods sold(including reasonable service and maintenance costs) inaccordance with customary business practices of commercialvending concerns, where the machines are operated, serviced, ormaintained by, or with the approval of, a department, agency, orinstrumentality of the United States, or commissions paid (otherthan to a blind vendor) by a commercial vending concern whichoperates, services, and maintains vending machines on federalproperty for, or with the approval of, a department, agency, orinstrumentality of the United States.(e)All expenditures authorized by the Randolph-Sheppard Actfrom federal vending revenue funds shall be paid from theBusiness Enterprises Program trust fund.(f)The commission may contract with a professional managementservice to administer the Business Enterprises Program trustfund. In administering the trust fund, the professionalmanagement service may acquire, exchange, sell, or retain anykind of investment that a prudent investor, exercising reasonablecare, skill, and caution, would acquire, exchange, sell, orretain under the circumstances, taking into consideration theinvestment of all the assets of the trust fund.(g)With the approval of the comptroller, the commission mayselect a commercial bank, depository trust company, or otherentity to serve as a custodian of the Business EnterprisesProgram trust fund's securities, and money realized from thosesecurities, pending completion of an investment transaction.Money realized from those securities must be:(1)reinvested not later than one business day after the date itis received; or(2)deposited in the treasury not later than the fifth businessday 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.
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  • 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.

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