Texas 2015 - 84th Regular

Texas Senate Bill SB1671 Compare Versions

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11 84R13982 KSD-F
22 By: Lucio S.B. No. 1671
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the employment status of certain individuals engaged in
88 rehabilitative work-training programs.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 201.067, Labor Code, is amended to read
1111 as follows:
1212 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF;
1313 EXCEPTION FOR SERVICES PERFORMED BY CERTAIN TRAINED [BLIND]
1414 INDIVIDUALS. (a) In this subtitle, "employment" does not include
1515 service performed [by an individual who]:
1616 (1) by an individual whose earning capacity is
1717 impaired by age, physical impairment, developmental disability,
1818 mental illness, or intellectual disability or injury [receives
1919 rehabilitative work or paying work in the employ of a facility that:
2020 [(A) is conducted to carry out a program of
2121 rehabilitation for individuals whose earning capacity is impaired
2222 by:
2323 [(i) age;
2424 [(ii) physical impairment, other than
2525 blindness; or
2626 [(iii) mental deficiency or injury; or
2727 [(B) provides paying work for individuals who,
2828 because of their impaired physical or mental capacity, cannot be
2929 readily absorbed in the competitive labor market;
3030 [(2) is blind] while the individual is in training at a
3131 sheltered workshop or other facility operated by a charitable
3232 organization under a rehabilitation program that includes:
3333 (A) an individual plan for employment as required
3434 by 29 U.S.C. Section 722, as amended by the Workforce Innovation and
3535 Opportunity Act (Pub. L. No. 113-128);
3636 (B) a timeline for completion of the training;
3737 and
3838 (C) a planned employment outcome; or
3939 (2) by an individual who [(3)] receives work relief or
4040 work training as a part of an unemployment work-relief or
4141 work-training program assisted or financed in whole or in part by a
4242 federal agency, an agency of a state, a political subdivision of a
4343 state, or an Indian tribe.
4444 (b) Notwithstanding Subsection (a)(1) [(a)], in this
4545 subtitle "employment" includes service performed by an individual
4646 whose earning capacity is impaired by age, physical impairment,
4747 developmental disability, mental illness, or intellectual
4848 disability or injury [who is blind] and who, after training, is
4949 working for a sheltered workshop or other facility operated by a
5050 charitable organization:
5151 (1) temporarily while awaiting placement in a position
5252 of employment in the competitive labor market; or
5353 (2) permanently because the individual is unable to
5454 compete in the competitive labor market.
5555 SECTION 2. The change in law made by this Act applies only
5656 to a claim for unemployment compensation benefits filed with the
5757 Texas Workforce Commission on or after the effective date of this
5858 Act. A claim filed before the effective date of this Act is
5959 governed by the law in effect on the date the claim was filed, and
6060 the former law is continued in effect for that purpose.
6161 SECTION 3. This Act takes effect January 1, 2016.