11 | 4 | | AN ACT |
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12 | 5 | | relating to the employment status of certain individuals engaged in |
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13 | 6 | | rehabilitative work-training programs. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Section 201.067, Labor Code, is amended to read |
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16 | 9 | | as follows: |
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17 | 10 | | Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF; |
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18 | 11 | | EXCEPTION FOR SERVICES PERFORMED BY CERTAIN TRAINED [BLIND] |
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19 | 12 | | INDIVIDUALS. (a) In this subtitle, "employment" does not include |
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20 | 13 | | service performed [by an individual who]: |
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21 | 14 | | (1) by an individual whose earning capacity is |
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22 | 15 | | impaired by age, physical impairment, developmental disability, |
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23 | 16 | | mental illness, or intellectual disability or injury [receives |
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24 | 17 | | rehabilitative work or paying work in the employ of a facility that: |
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25 | 18 | | [(A) is conducted to carry out a program of |
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26 | 19 | | rehabilitation for individuals whose earning capacity is impaired |
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27 | 20 | | by: |
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28 | 21 | | [(i) age; |
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29 | 22 | | [(ii) physical impairment, other than |
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30 | 23 | | blindness; or |
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31 | 24 | | [(iii) mental deficiency or injury; or |
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32 | 25 | | [(B) provides paying work for individuals who, |
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33 | 26 | | because of their impaired physical or mental capacity, cannot be |
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34 | 27 | | readily absorbed in the competitive labor market; |
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35 | 28 | | [(2) is blind] while the individual is in training at a |
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36 | 29 | | sheltered workshop or other facility operated by a charitable |
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37 | 30 | | organization under a rehabilitation program that includes: |
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38 | 31 | | (A) an individual plan for employment as required |
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39 | 32 | | by 29 U.S.C. Section 722, as amended by the Workforce Innovation and |
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40 | 33 | | Opportunity Act (Pub. L. No. 113-128); |
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41 | 34 | | (B) a timeline for completion of the training; |
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42 | 35 | | and |
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43 | 36 | | (C) a planned employment outcome; or |
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44 | 37 | | (2) by an individual who [(3)] receives work relief or |
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45 | 38 | | work training as a part of an unemployment work-relief or |
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46 | 39 | | work-training program assisted or financed in whole or in part by a |
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47 | 40 | | federal agency, an agency of a state, a political subdivision of a |
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48 | 41 | | state, or an Indian tribe. |
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49 | 42 | | (b) Notwithstanding Subsection (a)(1) [(a)], in this |
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50 | 43 | | subtitle "employment" includes service performed by an individual |
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51 | 44 | | whose earning capacity is impaired by age, physical impairment, |
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52 | 45 | | developmental disability, mental illness, or intellectual |
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53 | 46 | | disability or injury, other than an individual compensated as |
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54 | 47 | | provided by Section 62.057, [who is blind] and who, after training, |
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55 | 48 | | is working for a sheltered workshop or other facility operated by a |
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56 | 49 | | charitable organization: |
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57 | 50 | | (1) temporarily while awaiting placement in a position |
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58 | 51 | | of employment in the competitive labor market; or |
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59 | 52 | | (2) permanently because the individual is unable to |
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60 | 53 | | compete in the competitive labor market. |
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61 | 54 | | SECTION 2. This Act takes effect January 1, 2016. |
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62 | | - | * * * * * |
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| 55 | + | ______________________________ ______________________________ |
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| 56 | + | President of the Senate Speaker of the House |
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| 57 | + | I certify that H.B. No. 3685 was passed by the House on May 5, |
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| 58 | + | 2015, by the following vote: Yeas 145, Nays 0, 2 present, not |
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| 59 | + | voting. |
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| 60 | + | ______________________________ |
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| 61 | + | Chief Clerk of the House |
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| 62 | + | I certify that H.B. No. 3685 was passed by the Senate on May |
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| 63 | + | 26, 2015, by the following vote: Yeas 31, Nays 0. |
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| 64 | + | ______________________________ |
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| 65 | + | Secretary of the Senate |
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| 66 | + | APPROVED: _____________________ |
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| 67 | + | Date |
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| 68 | + | _____________________ |
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| 69 | + | Governor |
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