Sec. 122.016. EXCEPTIONS. (a) Exceptions from the operation of the mandatory provisions of Section 122.014 may be made in any case where:
(1) under the rules of the comptroller, the product or service so produced or provided does not meet the reasonable requirements of the office, department, institution, or agency; or
(2) the requisitions made cannot be reasonably complied with through provision of products or services produced by persons with disabilities.
(b) Each month, the comptroller shall provide the workforce commission with a list of all items purchased under the exception provided by Subsection (a). The workforce commission shall adopt the form in which the list is to be provided and may require the list to include the date of requisition, the type of product or service requested, the reason for purchase under the exception, and any other information that the workforce commission considers relevant to a determination of why the product or service was not purchased in accordance with Section 122.014.
(c) No office, department, institution, or agency may evade the intent of this section by slight variations from standards adopted by the comptroller, when the products or services produced or provided by persons with disabilities, in accordance with established standards, are reasonably adapted to the actual needs of the office, department, institution, or agency.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.425, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 16, eff. September 1, 2015.
Structure Texas Statutes
Title 8 - Rights and Responsibilities of Persons With Disabilities
Chapter 122 - Purchasing From People With Disabilities
Section 122.0012. Sunset Provision
Section 122.0057. Advisory Committee
Section 122.007. Fair Market Price; Purchasing Procedures
Section 122.0075. Minimum Wage Plan
Section 122.0076. Wage Requirements
Section 122.008. Procurement at Determined Price
Section 122.0095. Agency Compliance; Nonprogram Purchasing Report
Section 122.010. Cooperation With Department of Criminal Justice
Section 122.011. Correlation With Related Federal Programs
Section 122.012. Duties of Comptroller; Interagency Cooperation
Section 122.014. Product Specifications
Section 122.015. Determinations of Fair Market Value
Section 122.017. Procurement for Political Subdivisions
Section 122.019. Central Nonprofit Agency
Section 122.020. Consumer Information; Complaints
Section 122.0205. Alternative Dispute Resolution
Section 122.0215. Access to Information and Records; Inspection
Section 122.024. Strategic Plan; Final Operating Plan
Section 122.026. Application of Other Law
Section 122.028. Program Promotion