40 Tex. Admin. Code § 854.11 - General Policies

(a) Objectives. BET objectives shall be:
(1) to provide employment opportunities for qualified individuals; and
(2) to provide an ongoing training program for managers that encourages them to advance their upward mobility career opportunities within the program.
(b) Relationship of BET to VRD Services. The intent of BET, as authorized by the Act and the Texas Labor Code, is to stimulate and enlarge the economic opportunities for legally blind individuals who reside or are physically present in Texas to operate BET facilities in Texas by establishing a vending facility program in which individuals who need employment are given priority in the operation of vending facilities selected and installed by the Agency. The Agency is required to administer BET in accordance with the Agency's vocational rehabilitation objectives. Therefore, a customer receiving services from VRD whose employment goal is to be a licensed manager shall have reached an employment outcome, as that term is used in the Rehabilitation Act of 1973, as amended, when the customer is licensed by the Agency and is managing a BET facility. The licensed manager shall not be considered an employee of the Agency or of state or federal government.
(c) Full-time employment. Managing a BET facility shall constitute full-time employment. "Full-time" shall mean "being actively engaged in the management of a BET facility for the number of hours necessary to achieve satisfactory operation of the facility." The manager shall be available for necessary visits by Agency staff to allow inspection, advice, and consultation as may be required to ensure satisfactory operation. "Management" means "being physically present to perform the personal supervision of the day-to-day operation of the assigned BET facility by the assigned manager."
(d) Subcontracting. The management of a BET facility shall not be subcontracted by a licensed manager except for temporary periods of time approved by the Agency and in those circumstances in which the Agency considers that subcontracting the operation of some parts of the facility is in the best interest of BET. Potential justifications for subcontracting include the following: business strategies in which a portion of the facility operation may be subcontracted so that the assigned manager may focus on another aspect of the facility; temporary events not to exceed six months in which the assigned manager is not capable of management duties due to illness, injury, or other events, as approved by the Agency; and the need for business expertise and resources beyond that available from BET. Any subcontracting shall require the prior written approval of the Agency. The approval of any subcontract is at the discretion of the Agency. This subsection does not apply to equipment or machines allowed to be placed within the facility and not owned by or arranged for by the Agency.
(e) Availability of funds. The administration of BET and the implementation of these policies are contingent upon the availability of funds for the purposes stated in this subchapter.
(f) BET manual. All BET policies adopted by the Agency shall be included in the BET manual. The BET director shall ensure that the manual and any revisions to it are provided to each licensee electronically or in the format requested by the licensee. The licensee shall be responsible for reading the manual and acknowledging in writing that he or she has read and understands its contents. The BET director shall ensure that the BET manual contains procedures from which licensees may obtain assistance in understanding BET policies and procedures.
(g) Accessibility of BET materials. All information produced by and provided to licensees by the Agency shall be in an accessible format. When possible, these materials are sent in the format requested by the licensee.
(h) Nondiscrimination.
(1) VR and BET participants. the Agency shall not discriminate against any blind individual who is participating in or who may wish to participate in BET on the basis of sex, age, religion, race, color, creed, national origin, political affiliation, or physical or mental impairment, if the impairment does not preclude satisfactory performance.
(2) BET facilities. Managers shall operate BET facilities without discriminating against any present or prospective supplier, customer, employee, or other individual who might come into contact with the facility on the basis of sex, age, religion, race, color, creed, national origin, political affiliation, or physical or mental impairment.
(i) Emergencies. The BET director is authorized to expend funds on an emergency basis to protect the state's investment in a BET facility not to exceed $50,000 in a fiscal year or $5,500 per facility incident due to riot, war, fire, earthquake, hurricane, tornado, flood, or other disasters, governmental restrictions, labor disturbances, declared emergencies, or strikes.
(j) Temporary management. From time to time it becomes necessary to designate a temporary manager to an unassigned facility to ensure uninterrupted service to the host and customers. Temporary assignments shall be for the period stated in the assignment document. After the time frame stated in the assignment expires, the BET director shall review the temporary assignment and shall review the assignment every 90 days to determine the need for continuation of the temporary assignment. The temporary assignment shall terminate when a new manager is assigned to the facility. The Agency shall choose temporary managers from licensees; if a licensee is not available, the Agency may contract with a private entity. Before the Agency offers a licensee or a private entity a temporary opportunity, the regional BET staff, at a minimum, shall evaluate the following: the individual's willingness to serve for the stated temporary term; the qualifications and experience relevant to the current opportunity; and the documented management compliance history, along with other factors set out in Agency rules. The geographic BET staff shall provide its findings to the local ECM and seek a joint recommendation to BET management. BET management shall make the final determination. When more than one individual is recommended at the local level, BET management shall first give preference to managers available within the local ECM region and thereafter to the individual manager with a lower average historical income, to improve his or her income temporarily.
(k) Compliance with tax laws. Licensees and managers shall comply with state and federal tax laws and shall not have a tax lien against them.

Notes

40 Tex. Admin. Code § 854.11
Adopted by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3298, eff. 9/1/2019; Amended by Texas Register, Volume 47, Number 26, July 1, 2022, TexReg 3825, eff. 7/4/2022

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