Texas 2017 - 85th Regular

Texas House Bill HB2732 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4609 KKR-D
2	2	By: Lucio III H.B. No. 2732
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to competitive and integrated employment of persons with
8	8	disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 62, Labor Code, is amended
11	11	by adding Section 62.058 to read as follows:
12	12	Sec. 62.058. SUBMINIMUM WAGE SETTINGS; STATE FUNDING.
13	13	Beginning September 1, 2024, state funds may not be used for
14	14	services provided by, or to purchase goods from, an entity that
15	15	employs individuals with disabilities in subminimum wage settings,
16	16	including a community rehabilitation program, sheltered workshop,
17	17	or work activity center.
18	18	SECTION 2. Subchapter B, Chapter 352, Labor Code, is
19	19	amended by adding Sections 352.060 and 352.061 to read as follows:
20	20	Sec. 352.060. PLAN FOR REDUCTION OF FUNDING FOR CERTAIN
21	21	ENTITIES PROVIDING EMPLOYMENT AT SUBMINIMUM WAGES. (a) In this
22	22	section "community rehabilitation program," "individual with a
23	23	disability," "sheltered workshop," and "subminimum wage setting"
24	24	have the meanings assigned by Section 352.151.
25	25	(b) Not later than September 1, 2020, the commission:
26	26	(1) in consultation with the Health and Human Services
27	27	Commission, the Texas Education Agency, the comptroller, the
28	28	advisory committee established under Section 122.0057, Human
29	29	Resources Code, the Rehabilitation Council of Texas, and other
30	30	relevant state agencies and statewide organizations, shall adopt a
31	31	plan to phase out the use of state funds for services provided by,
32	32	and goods purchased from, an entity that employs individuals with
33	33	disabilities in subminimum wage settings, including a community
34	34	rehabilitation program, sheltered workshop, or work activity
35	35	center; and
36	36	(2) shall submit the plan to the governor, lieutenant
37	37	governor, speaker of the house of representatives, and chairs of
38	38	the legislative committees with appropriate jurisdiction.
39	39	(c) The plan adopted under this section must identify:
40	40	(1) benchmarks and desired outcomes for each year of
41	41	the phaseout period;
42	42	(2) the resources necessary to ensure that individuals
43	43	with disabilities:
44	44	(A) receive support according to the needs and
45	45	preferences of the individuals; and
46	46	(B) are employed in integrated settings,
47	47	regardless of the nature or severity of the individuals'
48	48	disabilities;
49	49	(3) all federal and state funds, including funds
50	50	available under Medicaid, that may be used to assist individuals
51	51	with disabilities in obtaining competitive, integrated employment;
52	52	and
53	53	(4) a system for tracking the employment outcomes of
54	54	individuals with disabilities, including tracking the:
55	55	(A) wages received by the individuals;
56	56	(B) unemployment rates of the individuals; and
57	57	(C) number of individuals moved from subminimum
58	58	wage settings to:
59	59	(i) competitive, integrated employment;
60	60	and
61	61	(ii) nonpaying activities.
62	62	(d) Not later than September 1 of each year, the commission
63	63	shall submit to the governor, lieutenant governor, speaker of the
64	64	house of representatives, and chairs of the legislative committees
65	65	with appropriate jurisdiction a report on the development of the
66	66	plan required under this section. The report must include:
67	67	(1) a description of the benchmarks and desired
68	68	outcomes identified in Subsection (c)(1) and the status of
69	69	achieving the benchmarks and outcomes; and
70	70	(2) recommendations for funding and resources
71	71	necessary to implement the plan.
72	72	(e) This section expires September 1, 2024.
73	73	Sec. 352.061. WAGE STUDY. (a) In this section "individual
74	74	with a disability" has the meaning assigned by Section 352.151.
75	75	(b) The commission, in consultation with relevant state
76	76	agencies, advisory committees, and organizations, shall conduct a
77	77	study concerning individuals with disabilities in this state who
78	78	are employed at or above minimum wage but below the federal
79	79	prevailing wage for employees who do not have a disability. The
80	80	study must address:
81	81	(1) the number and demographics of individuals with
82	82	disabilities who earn at least minimum wage but less than the
83	83	federal prevailing wage for employees who do not have a disability;
84	84	(2) to what extent the individuals with disabilities
85	85	are employed in integrated settings, as defined by 34 C.F.R.
86	86	Section 361.5;
87	87	(3) the type of employment of individuals with
88	88	disabilities, including whether the individuals are employed under
89	89	federal AbilityOne contracts;
90	90	(4) whether any changes in federal law or policy
91	91	regarding the payment of lower wages to individuals with
92	92	disabilities occur or are likely to occur after September 1, 2017,
93	93	and if so a description of those laws or policies; and
94	94	(5) whether opportunities exist for individuals with
95	95	disabilities to obtain employment at similar rates of pay in
96	96	competitive work settings.
97	97	(c) Not later than September 1, 2018, the commission shall
98	98	submit to the governor, lieutenant governor, speaker of the house
99	99	of representatives, and chairs of the legislative committees with
100	100	appropriate jurisdiction a report on the findings of the study
101	101	conducted under this section. The report must include
102	102	recommendations for increasing the employment of individuals with
103	103	disabilities in integrated work settings at competitive wages.
104	104	(d) This section expires September 1, 2019.
105	105	SECTION 3. Chapter 352, Labor Code, is amended by adding
106	106	Subchapter D to read as follows:
107	107	SUBCHAPTER D. COMPETITIVE WAGES AND INTEGRATED WORK SETTINGS FOR
108	108	INDIVIDUALS WITH DISABILITIES
109	109	Sec. 352.151. DEFINITIONS. In this subchapter:
110	110	(1) "Community rehabilitation program" has the
111	111	meaning assigned by Section 122.002, Human Resources Code.
112	112	(2) "Individual with a disability" means any
113	113	individual who has a physical or mental impairment that constitutes
114	114	a substantial impediment to employment, or to achieving maximum
115	115	personal independence, but that is of a nature that rehabilitation
116	116	services may be expected to enable the individual to engage in a
117	117	gainful occupation or enable the individual to achieve a greater
118	118	level of self-care and independent living.
119	119	(3) "Sheltered workshop" means an organization
120	120	described by Section 62.161.
121	121	(4) "Subminimum wage setting" means an employment
122	122	environment in which persons with disabilities are segregated and
123	123	receive wages that are less than the federal minimum wage.
124	124	Sec. 352.152. INDIVIDUAL PLAN FOR COMPETITIVE AND
125	125	INTEGRATED EMPLOYMENT. (a) The commission shall develop
126	126	processes for:
127	127	(1) identifying all clients who are individuals with
128	128	disabilities and are employed in subminimum wage settings by an
129	129	entity that employs individuals with disabilities in subminimum
130	130	wage settings, including a community rehabilitation program,
131	131	sheltered workshop, or work activity center; and
132	132	(2) creating an individual plan for competitive and
133	133	integrated employment for each client described by Subdivision (1)
134	134	that addresses moving the client into employment in an integrated
135	135	work setting at a competitive wage.
136	136	(b) A counselor of a client identified by the commission as
137	137	an individual with a disability who is employed in a subminimum wage
138	138	setting as described by Subsection (a)(1) shall prepare for the
139	139	individual an individual plan for competitive and integrated
140	140	employment in the format prescribed by the commission.
141	141	(c) An individual plan for competitive and integrated
142	142	employment must:
143	143	(1) include a recommendation on the type of integrated
144	144	work environment that is most appropriate to meet the client's
145	145	needs based on the client's strengths, resources, priorities,
146	146	concerns, capabilities, interests, and informed choices;
147	147	(2) identify the services, supports, and
148	148	accommodations necessary for the client's employment in the most
149	149	appropriate integrated work environment;
150	150	(3) identify the barriers preventing the client from
151	151	receiving the necessary services, supports, and accommodations,
152	152	including:
153	153	(A) access to funding or necessary resources and
154	154	services;
155	155	(B) access to medical or behavioral support;
156	156	(C) decision-making by the individual or the
157	157	individual's representative, as appropriate; and
158	158	(D) family members' concerns about or opposition
159	159	to the client's employment in an integrated work environment;
160	160	(4) include a plan for monitoring progress in
161	161	resolving the barriers identified in Subdivision (3); and
162	162	(5) for a client employed in a subminimum wage
163	163	setting:
164	164	(A) establish a goal for the client to achieve a
165	165	specific employment outcome with the employer;
166	166	(B) include a description of the actions,
167	167	accommodations, and supports needed to achieve the client's goal;
168	168	(C) identify barriers to the client obtaining
169	169	competitive and integrated employment with the employer;
170	170	(D) establish a plan for monitoring the progress
171	171	toward achieving the client's goal; and
172	172	(E) establish goals and activities for the client
173	173	on days that work is not available or the client chooses not to
174	174	work.
175	175	(d) A counselor shall involve the client, the client's
176	176	representative, if applicable, and the client's employer in
177	177	preparing and revising the individual plan. The counselor must use
178	178	appropriate communications devices and techniques to facilitate
179	179	the client's involvement in preparing and revising the individual
180	180	plan.
181	181	(e) Annually or at the request of a client, the client's
182	182	counselor shall meet with the client to discuss the progress of the
183	183	client's goals under the individual plan and reevaluate the most
184	184	appropriate integrated work environment for the individual in
185	185	accordance with the Americans with Disabilities Act of 1990 (42
186	186	U.S.C. Section 12101 et seq.). The counselor shall document the
187	187	discussions held and recommendations made during the meeting.
188	188	Sec. 352.1521. OUTCOMES OF INDIVIDUAL PLANS FOR COMPETITIVE
189	189	AND INTEGRATED EMPLOYMENT. (a) Not later than September 1 of each
190	190	year, the commission shall submit to the governor, lieutenant
191	191	governor, speaker of the house of representatives, and chairs of
192	192	the legislative committees with appropriate jurisdiction a report
193	193	summarizing by region and statewide the progress of commission
194	194	clients with individual plans for competitive and integrated
195	195	employment under Section 352.152, including de-identified
196	196	information about the:
197	197	(1) wages received by the individuals;
198	198	(2) unemployment rates of the individuals; and
199	199	(3) number of individuals moved from subminimum wage
200	200	settings to:
201	201	(A) competitive, integrated employment; and
202	202	(B) nonpaying activities.
203	203	(b) This section expires September 1, 2024.
204	204	Sec. 352.153. REQUIRED NOTICE TO CLIENT. (a) A client's
205	205	counselor shall provide notice to the client that the client has the
206	206	right to:
207	207	(1) choose the type of employment and employer the
208	208	client prefers; and
209	209	(2) decide when to work.
210	210	(b) At the time an individual with a disability begins
211	211	employment in a subminimum wage setting, the individual's employer
212	212	shall provide information about all opportunities to obtain
213	213	competitive, integrated employment with the employer.
214	214	SECTION 4. Not later than March 1, 2018, the Texas Workforce
215	215	Commission shall adopt rules necessary to implement Subchapter D,
216	216	Chapter 352, Labor Code, as added by this Act.
217	217	SECTION 5. If before implementing any provision of this Act
218	218	a state agency determines that a waiver or authorization from a
219	219	federal agency is necessary for implementation of that provision,
220	220	the agency affected by the provision shall request the waiver or
221	221	authorization and may delay implementing that provision until the
222	222	waiver or authorization is granted.
223	223	SECTION 6. This Act takes effect September 1, 2017.