Texas 2019 - 86th Regular

Texas House Bill HB713 Compare Versions

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

Old	New	Differences
1	1	86R3525 KKR-F
2	2	By: Lucio III H.B. No. 713
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the employment of certain persons with disabilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 6, Government Code, is amended
10	10	by adding Chapter 621 to read as follows:
11	11	CHAPTER 621. EMPLOYMENT PREFERENCE FOR CERTAIN INDIVIDUALS WITH
12	12	DISABILITIES
13	13	Sec. 621.0001. DEFINITIONS. In this chapter:
14	14	(1) "Commission" means the Texas Workforce
15	15	Commission.
16	16	(2) "Disability" means a mental or physical
17	17	impairment, including blindness, that impedes an individual who is
18	18	seeking, entering, or maintaining gainful employment.
19	19	(3) "Medicaid" means the medical assistance program
20	20	established under Chapter 32, Human Resources Code.
21	21	(4) "Political subdivision" means a county,
22	22	municipality, or school district.
23	23	(5) "Section 1915(c) Medicaid waiver program" means a
24	24	federally funded program of the state under Medicaid that is
25	25	authorized under Section 1915(c) of the federal Social Security Act
26	26	(42 U.S.C. Section 1396n(c)).
27	27	(6) "State agency" means a board, council, committee,
28	28	department, office, agency, or other governmental entity in the
29	29	executive, legislative, or judicial branch of state government,
30	30	including an institution of higher education as defined by Section
31	31	61.003, Education Code.
32	32	(7) "Supported employment" means assistance provided
33	33	to an individual who, because of a disability, requires intensive,
34	34	ongoing support to be self-employed, work from home, or perform in a
35	35	work setting at which individuals without disabilities are employed
36	36	in order for the individual with a disability to sustain paid
37	37	employment. Supported employment includes adaptations,
38	38	supervision, and training related to an individual's disability.
39	39	Sec. 621.0002. INDIVIDUALS WITH DISABILITIES QUALIFIED FOR
40	40	EMPLOYMENT PREFERENCE. An individual with a disability qualifies
41	41	for an employment preference under this chapter if the individual
42	42	is eligible to receive supported employment services from the
43	43	commission or through a Section 1915(c) Medicaid waiver program.
44	44	Sec. 621.0003. EMPLOYMENT PREFERENCE FOR CERTAIN
45	45	INDIVIDUALS WITH DISABILITIES. An individual with a disability who
46	46	qualifies for an employment preference under Section 621.0002 is
47	47	entitled to a preference in employment with a state agency or
48	48	political subdivision over other applicants for the same position
49	49	who do not have a greater qualification.
50	50	Sec. 621.0004. DESIGNATION OF OPEN POSITION FOR AND
51	51	IMMEDIATE HIRING OF INDIVIDUAL WITH DISABILITY ENTITLED TO
52	52	EMPLOYMENT PREFERENCE. (a) A state agency or political
53	53	subdivision may designate an open position for employment as a
54	54	vocational rehabilitation services position and only accept
55	55	applications for that position from individuals who are entitled to
56	56	an employment preference under Section 621.0003.
57	57	(b) Notwithstanding any other law, a state agency or
58	58	political subdivision may hire for an open position within the
59	59	state agency or political subdivision an individual who is entitled
60	60	to an employment preference under Section 621.0003 without
61	61	announcing or advertising the position if:
62	62	(1) the position meets the requirements for
63	63	competitive integrated employment under 34 C.F.R. Section
64	64	361.5(c)(9);
65	65	(2) the state agency or political subdivision receives
66	66	written verification from the commission or the Health and Human
67	67	Services Commission that the individual is eligible to receive
68	68	supported employment services; and
69	69	(3) the state agency or political subdivision
70	70	determines the individual meets the qualifications for the
71	71	position.
72	72	(c) An individual who is entitled to an employment
73	73	preference under Section 621.0003 and is otherwise eligible for
74	74	employment is considered to meet the qualification of having a high
75	75	school diploma if the individual meets the criteria specified by
76	76	Section 39.053(g-2), Education Code, and the individual's school or
77	77	school district provides written verification that the individual
78	78	meets those criteria.
79	79	Sec. 621.0005. COMPLAINT REGARDING EMPLOYMENT DECISION OF
80	80	STATE AGENCY OR POLITICAL SUBDIVISION. (a) An individual entitled
81	81	to an employment preference under this chapter who is aggrieved by a
82	82	decision of a state agency or political subdivision relating to
83	83	hiring the individual, or relating to retaining the individual if
84	84	the state agency or political subdivision reduces its workforce,
85	85	may appeal the decision by filing a written complaint with the
86	86	administrative head of the state agency or the governing body of the
87	87	political subdivision.
88	88	(b) The administrative head of a state agency or the
89	89	governing body of a political subdivision that receives a written
90	90	complaint under Subsection (a) shall respond to the complaint not
91	91	later than the 15th business day after the date the administrative
92	92	head or governing body receives the complaint. The administrative
93	93	head or governing body may render a different hiring or retention
94	94	decision than the decision that is the subject of the complaint if
95	95	the administrative head or governing body determines that the
96	96	employment preference under this chapter was not applied.
97	97	SECTION 2. Chapter 621, Government Code, as added by this
98	98	Act, applies only to an open position with a state agency or
99	99	political subdivision for which the state agency or political
100	100	subdivision begins accepting applications on or after the effective
101	101	date of this Act. An open position with a state agency or political
102	102	subdivision for which the state agency or political subdivision
103	103	begins accepting applications before the effective date of this Act
104	104	is governed by the law in effect on the date the state agency or
105	105	political subdivision began accepting applications, and the former
106	106	law is continued in effect for that purpose.
107	107	SECTION 3. This Act takes effect September 1, 2019.