The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Unless expressly provided otherwise, words in the present or past tense include the future tense, and the singular includes the plural, and the plural includes the singular.
  (1) Act--Randolph-Sheppard Act (20 USC, Chapter 6A, §107 et seq. ).
  (2) Agency--The Texas Workforce Commission, which is the state licensing agency for the Randolph-Sheppard program titled the Business Enterprises of Texas.
  (3) Application for Training--The "BET Application for Training" form used by VR customers to apply for prerequisite trainings that is a required prerequisite to be considered for a license.
  (4) Assignment Application--The "BET Facility Assignment Application" form used by licensees to apply for a facility.
  (5) BET--Business Enterprises of Texas.
  (6) BET assignment--The document that sets forth the terms and conditions for management of a BET facility by the individual named as manager.
  (7) BET director--The administrator of Business Enterprises of Texas; or, if there is no individual in that capacity, the individual designated by the VRD director to perform that function; or if there is none, the VRD director.
  (8) BET facility--Automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and other equipment that may be operated by BET managers and that are necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of tickets for any lottery authorized by state law.
  (9) BET manual--"Business Enterprises of Texas Manual of Operations," which contains this subchapter adopted by the Agency and related instructions and procedures by which BET facilities are to be managed.
  (10) Blind (individual who is)--An individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select.
  (11) Business day--A day on which state agencies are officially required to be open during their normal business hours.
  (12) ECM--Elected Committee of Managers--A committee representative of BET licensees pursuant to 20 USC §107b-1(3) of the Randolph-Sheppard Act.
  (13) Expendables--Items that require a low capital outlay and have a short life expectancy, including, but not limited to, small wares, thermometers, dishes, glassware, flatware, sugar and napkin dispensers, salt and pepper shakers, serving trays, kitchen knives, spreaders, serving spoons, and ladles.
  (14) Immediate family--Any individual related within the first degree of affinity (marriage) or consanguinity (blood) to the individual involved.
  (15) Individual with a significant disability--An individual who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility or communication).
  (16) Initial assignment--The first BET facility to which a manager is assigned after being licensed.
  (17) Instruction by Agency staff members--Instructions that are proper and authorized and in accordance with applicable statutes and program rules, regulations, and procedures.
  (18) Level 1 facility--A BET facility that in the previous year generated a net income after set-aside fees equal to or less than 170 percent of the median net income after set-aside fees of all BET managers for the previous year or, in the case of a new BET facility, is reasonably expected to generate that income.
  (19) Level 2 facility--A BET facility that in the previous year generated a net income after set-aside fees greater than 170 percent of the median net income after set-aside fees of all BET managers for the previous year or, in the case of a new BET facility, is reasonably expected to generate that income.
  (20) Licensee--A blind individual who has been licensed by the Agency as qualified to apply for and operate a BET facility, and which shall have the same meaning assigned to "blind licensee" in 34 CFR §395.1.
  (21) Manager--A licensee who is operating a BET facility, and which shall have the same meaning assigned to "vendor" in 34 CFR §395.1.
  (22) Net sales--All sales, excluding sales tax.
  (23) Other income--Money received by a manager from sources other than direct sales, such as vending commissions or subsidies.
  (24) Sanitation and cleaning supplies--Items that require a low capital outlay and have a short life expectancy, such as, by way of illustration and not limitation, mops, brooms, detergents, bleach, gloves, oven mitts, trash bags, food wrapping supplies, foil, and cleaning supplies for food equipment.
  (25) State property--Lands and buildings owned, leased, or otherwise controlled by the State of Texas; and equipment and facilities purchased and/or owned by the State of Texas.
  (26) Substantial interest--An individual has a substantial interest if:
    (A) in an assignment decision:
      (i) the individual will benefit financially from the assignment decision; and
      (ii) funds received by the individual from the business exceed 10 percent of the individual's gross income for the previous year; or
    (B) if he or she is related to an individual in the first degree of affinity or consanguinity who has a substantial interest as defined in subparagraph (A) of this paragraph.
  (27) Vending machine--For the purpose of assigning vending machine income, a coin- or currency-operated machine that dispenses articles or services, except those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services. Machines providing services of a recreational nature and telephones shall not be considered to be vending machines.
  (28) VRD director--The director of the Agency's designated state unit titled the Vocational Rehabilitation Division.

Source Note: The provisions of this §854.10 adopted to be effective September 1, 2019, 44 TexReg 3294; amended to be effective July 4, 2022, 47 TexReg 3823