Texas 2019 - 86th Regular

Texas House Bill HB1339 Compare Versions

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

Old	New	Differences
1	1	86R6313 KSD-D
2	2	By: Pacheco H.B. No. 1339
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to repealing the authority for the payment of a subminimum
8	8	wage to certain persons with disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 62.057, Labor Code, is repealed.
11	11	SECTION 2. Section 62.051, Labor Code, is amended to read as
12	12	follows:
13	13	Sec. 62.051. MINIMUM WAGE. An [Except as provided by
14	14	Section 62.057, an] employer shall pay to each employee the federal
15	15	minimum wage under Section 6, Fair Labor Standards Act of 1938 (29
16	16	U.S.C. Section 206).
17	17	SECTION 3. Section 201.067(b), Labor Code, is amended to
18	18	read as follows:
19	19	(b) Notwithstanding Subsection (a)(1), in this subtitle
20	20	"employment" includes service performed by an individual whose
21	21	earning capacity is impaired by age, physical impairment,
22	22	developmental disability, mental illness, or intellectual
23	23	disability or injury[, other than an individual compensated as
24	24	provided by Section 62.057,] and who, after training, is working
25	25	for a sheltered workshop or other facility operated by a charitable
26	26	organization:
27	27	(1) temporarily while awaiting placement in a position
28	28	of employment in the competitive labor market; or
29	29	(2) permanently because the individual is unable to
30	30	compete in the competitive labor market.
31	31	SECTION 4. Section 122.0057(i), Human Resources Code, is
32	32	amended to read as follows:
33	33	(i) In developing the performance measures under Subsection
34	34	(h), the advisory committee must consider the following factors as
35	35	applicable to the program administered under this chapter:
36	36	(1) the percentage of total sales revenue attributable
37	37	to the program:
38	38	(A) paid in wages to persons with disabilities;
39	39	and
40	40	(B) spent on direct training and professional
41	41	development services for persons with disabilities;
42	42	(2) the average hourly wage earned by a person
43	43	participating in the program;
44	44	(3) the average annual salary earned by a person
45	45	participating in the program;
46	46	(4) [the number of persons with disabilities
47	47	participating in the program paid less than minimum wage;
48	48	[(5)] the average number of hours worked each week by a
49	49	person with a disability who participates in the program;
50	50	(5) [(6)] the percentage of persons with disabilities
51	51	who participate in the program and who are placed into competitive
52	52	positions, including competitive management or administrative
53	53	positions within community rehabilitation programs; and
54	54	(6) [(7)] the percentage of work performed by persons
55	55	with disabilities who participate in the program that is purely
56	56	repackaging labor.
57	57	SECTION 5. The change in law made by this Act applies only
58	58	to the payment of wages for a pay period that begins on or after the
59	59	effective date of this Act. The payment of wages for a pay period
60	60	that begins before the effective date of this Act is governed by the
61	61	law as it existed immediately before the effective date of this Act,
62	62	and that law is continued in effect for that purpose.
63	63	SECTION 6. This Act takes effect September 1, 2019.