The workforce commission may contract with central nonprofit agencies, but it must review their services and fee rates, publish notices in the Texas Register, and cannot let a person operate a community rehabilitation program while also contracting as a central nonprofit agency.
Sec. 122.019. CENTRAL NONPROFIT AGENCY. (a) The workforce commission may select and contract with one or more central nonprofit agencies through a request for proposals for a period not to exceed five years. Once the selection process is completed, the workforce commission may contract with a central nonprofit agency to: (1) recruit and assist community rehabilitation programs in developing and submitting applications for the selection of suitable products and services; (2) facilitate the distribution of orders among community rehabilitation programs; (3) manage and coordinate the day-to-day operation of the program, including the general administration of contracts with community rehabilitation programs; (4) promote increased supported employment opportunities for persons with disabilities; and (5) recruit and assist qualified nonprofit organizations that are managed by members of racial minorities, women, or persons with disabilities and that are in the process of qualifying as community rehabilitation programs. (b) The services of a central nonprofit agency may include marketing and marketing support services, such as: (1) assistance to community rehabilitation programs regarding solicitation and negotiation of contracts; (2) direct marketing of products and services to consumers; (3) research and development of products and services; (4) public relations activities to promote the program; (5) customer relations; (6) education and training; (7) accounting services related to purchase orders, invoices, and payments to community rehabilitation programs; and (8) other duties designated by the workforce commission. (c) Each year, the workforce commission shall review services provided by a central nonprofit agency and the revenues required to accomplish the program to determine whether each agency's performance complies with contractual specifications. Not later than the 60th day before the review, the workforce commission shall publish in the Texas Register a request for comment on the services of a central nonprofit agency that participates in community rehabilitation programs. (d) At least once during each five-year period, the workforce commission may review and renegotiate the contract with a central nonprofit agency. Not later than the 60th day before the date the workforce commission adopts or renews a contract, the workforce commission shall publish notice of the proposed contract in the Texas Register. (e) The workforce commission shall determine the best method to structure the maximum management fee rate charged by a central nonprofit agency for its services. The management fee rate must be reviewed on an annual basis. (f) A percentage of the management fee described by Subsection (e) shall be paid to the workforce commission and is subject to Section 122.023. The percentage shall be set by the workforce commission in the amount necessary to reimburse the general revenue fund for direct and reasonable costs incurred by the comptroller and the workforce commission in administering the comptroller's and workforce commission's duties under this chapter, including any costs associated with providing support to the advisory committee. (g) The workforce commission may terminate a contract with a central nonprofit agency if: (1) the workforce commission finds substantial evidence of the central nonprofit agency's noncompliance with contractual obligations; and (2) the workforce commission has provided at least 30 days' notice to the central nonprofit agency of the termination of the contract. (h) The workforce commission may request an audit by the state auditor of: (1) the management fee set by a central nonprofit agency; or (2) the financial condition of a central nonprofit agency. (i) A person may not operate a community rehabilitation program and at the same time contract with the workforce commission as a central nonprofit agency. Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1304, Sec. 7, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.427, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 17, eff. September 1, 2015.