Section 806.2 - DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Agency" and "Commission" are defined in § 800.2 of this title (relating to Definitions).
(1) Appreciable contribution--The term used to refer to the substantial work effort contributed by individuals 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 or through which the individuals with disabilities develop new job skills that have not been previously attained through other jobs.(2) Advisory committee--The Purchasing from People with Disabilities Advisory Committee, established by the Commission, as described in Texas Human Resources Code, § 122.0057.(3) Central nonprofit agency (CNA)--An entity designated as a central nonprofit agency under contract pursuant to Texas Human Resources Code, § 122.019.(4) Chapter 122--Texas Human Resources Code, Chapter 122, relating to Purchasing from People with Disabilities.(5) Community rehabilitation program (CRP)--A government or nonprofit private program operated under criteria established by the Commission and under which individuals with severe disabilities produce products or perform services for compensation.(6) Comptroller--The Comptroller of Public Accounts.(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 disability recognized under the Americans with Disabilities Act 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 Texas Government Code, § 2155.138 and § 2155.069 or as described in Texas Human Resources Code, § 122.014 and § 122.016.(10) Individual with Disabilities--An individual with a disability recognized under the Americans with Disabilities Act and employed by a CRP or an entity selected by a CRP.(11) Minimum wage--The wage under Section 6, Fair Labor Standards Act of 1938 ( 29 USC § 206) .(12) State use program--The statutorily authorized mandate requiring state agencies to purchase, on a noncompetitive basis, the products made and services performed by individuals with disabilities, which have been approved by the Agency pursuant to Texas Human Resources Code, Chapter 122 and which 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 noncompetitive basis by any political subdivision of the state.(13) Value added--The labor of individuals 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.40 Tex. Admin. Code § 806.2
The provisions of this §806.2 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; Transferred effective September 1, 2015, as published in the Texas Register August 7, 2015, 40 TexReg 5065; Adopted by Texas Register, Volume 42, Number 23, June 9, 2017, TexReg 3009, eff. 6/12/2017; Amended by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0590, eff. 1/25/2021