By: Anderson of McLennan (Senate Sponsor - Lucio) H.B. No. 3685
(In the Senate - Received from the House May 6, 2015;
May 6, 2015, read first time and referred to Committee on Natural
Resources and Economic Development; May 22, 2015, reported
favorably by the following vote: Yeas 10, Nays 0; May 22, 2015,
sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the employment status of certain individuals engaged in
rehabilitative work-training programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.067, Labor Code, is amended to read
as follows:
Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF;
EXCEPTION FOR SERVICES PERFORMED BY CERTAIN TRAINED [BLIND]
INDIVIDUALS. (a) In this subtitle, "employment" does not include
service performed [by an individual who]:
(1) by an individual whose earning capacity is
impaired by age, physical impairment, developmental disability,
mental illness, or intellectual disability or injury [receives
rehabilitative work or paying work in the employ of a facility that:
[(A) is conducted to carry out a program of
rehabilitation for individuals whose earning capacity is impaired
by:
[(i) age;
[(ii) physical impairment, other than
blindness; or
[(iii) mental deficiency or injury; or
[(B) provides paying work for individuals who,
because of their impaired physical or mental capacity, cannot be
readily absorbed in the competitive labor market;
[(2) is blind] while the individual is in training at a
sheltered workshop or other facility operated by a charitable
organization under a rehabilitation program that includes:
(A) an individual plan for employment as required
by 29 U.S.C. Section 722, as amended by the Workforce Innovation and
Opportunity Act (Pub. L. No. 113-128);
(B) a timeline for completion of the training;
and
(C) a planned employment outcome; or
(2) by an individual who [(3)] receives work relief or
work training as a part of an unemployment work-relief or
work-training program assisted or financed in whole or in part by a
federal agency, an agency of a state, a political subdivision of a
state, or an Indian tribe.
(b) Notwithstanding Subsection (a)(1) [(a)], 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, [who is blind] 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 2. This Act takes effect January 1, 2016.
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