Bill Text: TX HB2946 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to repealing the authority for the payment of a subminimum wage to certain persons with disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-12 - Referred to International Relations & Economic Development [HB2946 Detail]

Download: Texas-2019-HB2946-Introduced.html
  86R14169 KSD-D
 
  By: Rosenthal H.B. No. 2946
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to repealing the authority for the payment of a subminimum
  wage to certain persons with disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 62.057 and 62.161, Labor Code, are
  repealed.
         SECTION 2.  Section 62.051, Labor Code, is amended to read as
  follows:
         Sec. 62.051.  MINIMUM WAGE. An [Except as provided by
  Section 62.057, an] employer shall pay to each employee the federal
  minimum wage under Section 6, Fair Labor Standards Act of 1938 (29
  U.S.C. Section 206).
         SECTION 3.  Section 201.067(b), Labor Code, is amended to
  read as follows:
         (b)  Notwithstanding Subsection (a)(1), in this subtitle
  "employment" includes service performed by an individual whose
  earning capacity is impaired by age, physical impairment,
  developmental disability, mental illness, or intellectual
  disability or injury[, other than an individual compensated as
  provided by Section 62.057,] and who, after training, is working
  for a sheltered workshop or other facility operated by a charitable
  organization:
               (1)  temporarily while awaiting placement in a position
  of employment in the competitive labor market; or
               (2)  permanently because the individual is unable to
  compete in the competitive labor market.
         SECTION 4.  Section 122.0057(i), Human Resources Code, is
  amended to read as follows:
         (i)  In developing the performance measures under Subsection
  (h), the advisory committee must consider the following factors as
  applicable to the program administered under this chapter:
               (1)  the percentage of total sales revenue attributable
  to the program:
                     (A)  paid in wages to persons with disabilities;
  and
                     (B)  spent on direct training and professional
  development services for persons with disabilities;
               (2)  the average hourly wage earned by a person
  participating in the program;
               (3)  the average annual salary earned by a person
  participating in the program;
               (4)  [the number of persons with disabilities
  participating in the program paid less than minimum wage;
               [(5)]  the average number of hours worked each week by a
  person with a disability who participates in the program;
               (5) [(6)]  the percentage of persons with disabilities
  who participate in the program and who are placed into competitive
  positions, including competitive management or administrative
  positions within community rehabilitation programs; and
               (6) [(7)]  the percentage of work performed by persons
  with disabilities who participate in the program that is purely
  repackaging labor.
         SECTION 5.  The change in law made by this Act applies only
  to the payment of wages for a pay period that begins on or after the
  effective date of this Act. The payment of wages for a pay period
  that begins before the effective date of this Act is governed by the
  law as it existed immediately before the effective date of this Act,
  and that law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.
feedback