Texas 2015 - 84th Regular

Texas House Bill HB3685 Compare Versions

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1-By: Anderson of McLennan (Senate Sponsor - Lucio) H.B. No. 3685
2- (In the Senate - Received from the House May 6, 2015;
3- May 6, 2015, read first time and referred to Committee on Natural
4- Resources and Economic Development; May 22, 2015, reported
5- favorably by the following vote: Yeas 10, Nays 0; May 22, 2015,
6- sent to printer.)
7-Click here to see the committee vote
1+H.B. No. 3685
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to the employment status of certain individuals engaged in
136 rehabilitative work-training programs.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Section 201.067, Labor Code, is amended to read
169 as follows:
1710 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF;
1811 EXCEPTION FOR SERVICES PERFORMED BY CERTAIN TRAINED [BLIND]
1912 INDIVIDUALS. (a) In this subtitle, "employment" does not include
2013 service performed [by an individual who]:
2114 (1) by an individual whose earning capacity is
2215 impaired by age, physical impairment, developmental disability,
2316 mental illness, or intellectual disability or injury [receives
2417 rehabilitative work or paying work in the employ of a facility that:
2518 [(A) is conducted to carry out a program of
2619 rehabilitation for individuals whose earning capacity is impaired
2720 by:
2821 [(i) age;
2922 [(ii) physical impairment, other than
3023 blindness; or
3124 [(iii) mental deficiency or injury; or
3225 [(B) provides paying work for individuals who,
3326 because of their impaired physical or mental capacity, cannot be
3427 readily absorbed in the competitive labor market;
3528 [(2) is blind] while the individual is in training at a
3629 sheltered workshop or other facility operated by a charitable
3730 organization under a rehabilitation program that includes:
3831 (A) an individual plan for employment as required
3932 by 29 U.S.C. Section 722, as amended by the Workforce Innovation and
4033 Opportunity Act (Pub. L. No. 113-128);
4134 (B) a timeline for completion of the training;
4235 and
4336 (C) a planned employment outcome; or
4437 (2) by an individual who [(3)] receives work relief or
4538 work training as a part of an unemployment work-relief or
4639 work-training program assisted or financed in whole or in part by a
4740 federal agency, an agency of a state, a political subdivision of a
4841 state, or an Indian tribe.
4942 (b) Notwithstanding Subsection (a)(1) [(a)], in this
5043 subtitle "employment" includes service performed by an individual
5144 whose earning capacity is impaired by age, physical impairment,
5245 developmental disability, mental illness, or intellectual
5346 disability or injury, other than an individual compensated as
5447 provided by Section 62.057, [who is blind] and who, after training,
5548 is working for a sheltered workshop or other facility operated by a
5649 charitable organization:
5750 (1) temporarily while awaiting placement in a position
5851 of employment in the competitive labor market; or
5952 (2) permanently because the individual is unable to
6053 compete in the competitive labor market.
6154 SECTION 2. This Act takes effect January 1, 2016.
62- * * * * *
55+ ______________________________ ______________________________
56+ President of the Senate Speaker of the House
57+ I certify that H.B. No. 3685 was passed by the House on May 5,
58+ 2015, by the following vote: Yeas 145, Nays 0, 2 present, not
59+ voting.
60+ ______________________________
61+ Chief Clerk of the House
62+ I certify that H.B. No. 3685 was passed by the Senate on May
63+ 26, 2015, by the following vote: Yeas 31, Nays 0.
64+ ______________________________
65+ Secretary of the Senate
66+ APPROVED: _____________________
67+ Date
68+ _____________________
69+ Governor