| 1 | 1 | | 85R9215 MCK-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 2021 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to wage requirements for community rehabilitation |
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| 8 | 8 | | programs participating in the purchasing from people with |
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| 9 | 9 | | disabilities program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 122, Human Resources Code, is amended by |
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| 12 | 12 | | adding Sections 122.0075 and 122.0076 to read as follows: |
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| 13 | 13 | | Sec. 122.0075. INCREASE IN WAGES; PLAN. (a) This section |
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| 14 | 14 | | applies to a community rehabilitation program that: |
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| 15 | 15 | | (1) is participating in the program administered under |
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| 16 | 16 | | this chapter; and |
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| 17 | 17 | | (2) pays workers with disabilities employed by the |
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| 18 | 18 | | program wages that are less than the federal minimum wage under |
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| 19 | 19 | | Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 20 | 20 | | (b) The workforce commission shall assist a community |
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| 21 | 21 | | rehabilitation program in developing a plan to increase the wages |
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| 22 | 22 | | paid to its workers with disabilities to the federal minimum wage |
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| 23 | 23 | | not later than September 1, 2019. |
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| 24 | 24 | | (c) Each community rehabilitation program shall, to the |
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| 25 | 25 | | maximum extent possible, ensure that each worker with a disability |
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| 26 | 26 | | remains employed by the program after the program increases the |
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| 27 | 27 | | wages paid to those employees in accordance with the plan developed |
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| 28 | 28 | | under Subsection (b). |
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| 29 | 29 | | (d) If a community rehabilitation program is unable to |
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| 30 | 30 | | employ all workers with a disability after the program increases |
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| 31 | 31 | | the wages paid to those employees to the federal minimum wage, the |
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| 32 | 32 | | community rehabilitation program shall work with the workforce |
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| 33 | 33 | | commission and any other governmental entity to seek for and obtain |
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| 34 | 34 | | any job training that may be suitable for those former employees to |
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| 35 | 35 | | find other employment that pays at least the federal minimum wage. |
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| 36 | 36 | | (e) This section expires September 1, 2019. |
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| 37 | 37 | | Sec. 122.0076. WAGE REQUIREMENTS. (a) A community |
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| 38 | 38 | | rehabilitation program may not participate in the program |
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| 39 | 39 | | administered under this chapter unless each worker with a |
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| 40 | 40 | | disability employed by the program is paid at least the federal |
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| 41 | 41 | | minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 |
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| 42 | 42 | | U.S.C. Section 206). |
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| 43 | 43 | | (b) To the extent of a conflict between this section and |
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| 44 | 44 | | Chapter 62, Labor Code, this section controls. |
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| 45 | 45 | | SECTION 2. (a) Except as provided by Subsection (b) of this |
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| 46 | 46 | | section, this Act takes effect September 1, 2017. |
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| 47 | 47 | | (b) Section 122.0076, Human Resources Code, as added by this |
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| 48 | 48 | | Act, takes effect September 1, 2019. |
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