86R6313 KSD-D
By: Pacheco H.B. No. 1339
A BILL TO BE ENTITLED
AN ACT
relating to repealing the authority for the payment of a subminimum
wage to certain persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.057, Labor Code, is repealed.
SECTION 2. Section 62.051, Labor Code, is amended to read as
follows:
Sec. 62.051. MINIMUM WAGE. An [Except as provided by
Section 62.057, an] employer shall pay to each employee the federal
minimum wage under Section 6, Fair Labor Standards Act of 1938 (29
U.S.C. Section 206).
SECTION 3. Section 201.067(b), Labor Code, is amended to
read as follows:
(b) Notwithstanding Subsection (a)(1), 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,] 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 4. Section 122.0057(i), Human Resources Code, is
amended to read as follows:
(i) In developing the performance measures under Subsection
(h), the advisory committee must consider the following factors as
applicable to the program administered under this chapter:
(1) the percentage of total sales revenue attributable
to the program:
(A) paid in wages to persons with disabilities;
and
(B) spent on direct training and professional
development services for persons with disabilities;
(2) the average hourly wage earned by a person
participating in the program;
(3) the average annual salary earned by a person
participating in the program;
(4) [the number of persons with disabilities
participating in the program paid less than minimum wage;
[(5)] the average number of hours worked each week by a
person with a disability who participates in the program;
(5) [(6)] the percentage of persons with disabilities
who participate in the program and who are placed into competitive
positions, including competitive management or administrative
positions within community rehabilitation programs; and
(6) [(7)] the percentage of work performed by persons
with disabilities who participate in the program that is purely
repackaging labor.
SECTION 5. The change in law made by this Act applies only
to the payment of wages for a pay period that begins on or after the
effective date of this Act. The payment of wages for a pay period
that begins before the effective date of this Act is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.