Bill Text: TX HB885 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program.
Spectrum: Slight Partisan Bill (Democrat 13-6)
Status: (Introduced - Dead) 2019-04-29 - Laid on the table subject to call [HB885 Detail]
Download: Texas-2019-HB885-Comm_Sub.html
86R19228 MCK-F | |||
By: Raney, Stucky, Anchia, Harless, Lambert, | H.B. No. 885 | ||
et al. | |||
Substitute the following for H.B. No. 885: | |||
By: Frullo | C.S.H.B. No. 885 |
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relating to wage requirements for community rehabilitation | ||
programs participating in the purchasing from people with | ||
disabilities program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 122, Human Resources Code, is amended by | ||
adding Sections 122.0075 and 122.0076 to read as follows: | ||
Sec. 122.0075. MINIMUM WAGE PLAN. (a) This section applies | ||
to a community rehabilitation program that: | ||
(1) is participating in the program administered under | ||
this chapter; and | ||
(2) pays workers with disabilities employed by the | ||
program wages that are less than the federal minimum wage under | ||
Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). | ||
(b) The workforce commission shall assist: | ||
(1) a community rehabilitation program in developing a | ||
plan to increase the wages paid to its workers with disabilities to | ||
the federal minimum wage not later than September 1, 2022, for work | ||
relating to any products or services purchased from the community | ||
rehabilitation program through the program administered under this | ||
chapter; and | ||
(2) a community rehabilitation program by providing: | ||
(A) information about certified benefits | ||
counselors to ensure that workers are informed about work | ||
incentives and the potential impact the increase in wages may have | ||
on a worker's eligibility for any federal or state benefit program; | ||
and | ||
(B) a referral to a certified benefits counselor | ||
to any worker with a disability who requests a referral. | ||
(c) Each community rehabilitation program shall, to the | ||
maximum extent possible, ensure that each worker with a disability | ||
remains employed by the program after the program increases the | ||
wages paid to those employees in accordance with the plan developed | ||
under Subsection (b). | ||
(d) If a community rehabilitation program is unable to | ||
employ all workers with a disability after the program increases | ||
the wages paid to those employees to the federal minimum wage, the | ||
community rehabilitation program shall work with the workforce | ||
commission and any other governmental entity to seek and obtain any | ||
job training and employment services that may be suitable for those | ||
former employees to find other employment that pays at least the | ||
federal minimum wage. | ||
(e) In addition to the assistance described by Subsection | ||
(d), the workforce commission may, at the worker's request, assist | ||
a worker with a disability not retained by a community | ||
rehabilitation program to secure employment in a position that pays | ||
at least the federal minimum wage. | ||
(f) On request of a community rehabilitation program, the | ||
workforce commission may extend the period for compliance with the | ||
program participation requirements of Section 122.0076 for not more | ||
than 12 months if the community rehabilitation program: | ||
(1) requests the extension not later than March 1, | ||
2022; | ||
(2) has demonstrated to the commission that an | ||
extension would be in the best interest of the program's employees | ||
with disabilities; | ||
(3) has worked with the commission to develop a | ||
transition plan and made meaningful progress toward meeting the | ||
program participation requirements of Section 122.0076; and | ||
(4) submits a revised transition plan to the | ||
commission detailing how an extension will allow the program to | ||
meet the program participation requirements of Section 122.0076. | ||
(g) The workforce commission shall make a decision on a | ||
request for an extension under Subsection (f) not later than May 1, | ||
2022. The commission may not grant more than one extension to a | ||
community rehabilitation program. | ||
(h) This section expires September 1, 2023. | ||
Sec. 122.0076. WAGE REQUIREMENTS. (a) A community | ||
rehabilitation program may not participate in the program | ||
administered under this chapter unless each worker with a | ||
disability employed by the program is paid at least the federal | ||
minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 | ||
U.S.C. Section 206), for any work relating to any products or | ||
services purchased from the community rehabilitation program | ||
through the program administered under this chapter. | ||
(b) The workforce commission may exempt the community | ||
rehabilitation program from the requirements of this section with | ||
respect to a worker with a disability if the workforce commission | ||
determines, based on the worker's circumstances, that requiring the | ||
program to pay the worker at the federal minimum wage would result | ||
in the program not being able to retain the worker with a | ||
disability, the worker would not have success obtaining work with a | ||
different employer, and the worker, based on the worker's | ||
circumstances, would not be able to obtain employment at a higher | ||
wage than the program would be able to pay the worker | ||
notwithstanding the requirements of this section. | ||
(c) To the extent of a conflict between this section and | ||
Chapter 62, Labor Code, this section controls. | ||
(d) This section does not apply to a community | ||
rehabilitation program's eligibility to participate in the program | ||
administered under this chapter before the later of: | ||
(1) September 1, 2022; or | ||
(2) the date an extension granted under Section | ||
122.0075(f) expires. | ||
(e) This subsection and Subsection (d) expire September 1, | ||
2023. | ||
SECTION 2. This Act takes effect September 1, 2019. |