86R3525 KKR-F
By: Lucio III H.B. No. 713
A BILL TO BE ENTITLED
AN ACT
relating to the employment of certain persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621. EMPLOYMENT PREFERENCE FOR CERTAIN INDIVIDUALS WITH
DISABILITIES
Sec. 621.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Disability" means a mental or physical
impairment, including blindness, that impedes an individual who is
seeking, entering, or maintaining gainful employment.
(3) "Medicaid" means the medical assistance program
established under Chapter 32, Human Resources Code.
(4) "Political subdivision" means a county,
municipality, or school district.
(5) "Section 1915(c) Medicaid waiver program" means a
federally funded program of the state under Medicaid that is
authorized under Section 1915(c) of the federal Social Security Act
(42 U.S.C. Section 1396n(c)).
(6) "State agency" means a board, council, committee,
department, office, agency, or other governmental entity in the
executive, legislative, or judicial branch of state government,
including an institution of higher education as defined by Section
61.003, Education Code.
(7) "Supported employment" means assistance provided
to an individual who, because of a disability, requires intensive,
ongoing support to be self-employed, work from home, or perform in a
work setting at which individuals without disabilities are employed
in order for the individual with a disability to sustain paid
employment. Supported employment includes adaptations,
supervision, and training related to an individual's disability.
Sec. 621.0002. INDIVIDUALS WITH DISABILITIES QUALIFIED FOR
EMPLOYMENT PREFERENCE. An individual with a disability qualifies
for an employment preference under this chapter if the individual
is eligible to receive supported employment services from the
commission or through a Section 1915(c) Medicaid waiver program.
Sec. 621.0003. EMPLOYMENT PREFERENCE FOR CERTAIN
INDIVIDUALS WITH DISABILITIES. An individual with a disability who
qualifies for an employment preference under Section 621.0002 is
entitled to a preference in employment with a state agency or
political subdivision over other applicants for the same position
who do not have a greater qualification.
Sec. 621.0004. DESIGNATION OF OPEN POSITION FOR AND
IMMEDIATE HIRING OF INDIVIDUAL WITH DISABILITY ENTITLED TO
EMPLOYMENT PREFERENCE. (a) A state agency or political
subdivision may designate an open position for employment as a
vocational rehabilitation services position and only accept
applications for that position from individuals who are entitled to
an employment preference under Section 621.0003.
(b) Notwithstanding any other law, a state agency or
political subdivision may hire for an open position within the
state agency or political subdivision an individual who is entitled
to an employment preference under Section 621.0003 without
announcing or advertising the position if:
(1) the position meets the requirements for
competitive integrated employment under 34 C.F.R. Section
361.5(c)(9);
(2) the state agency or political subdivision receives
written verification from the commission or the Health and Human
Services Commission that the individual is eligible to receive
supported employment services; and
(3) the state agency or political subdivision
determines the individual meets the qualifications for the
position.
(c) An individual who is entitled to an employment
preference under Section 621.0003 and is otherwise eligible for
employment is considered to meet the qualification of having a high
school diploma if the individual meets the criteria specified by
Section 39.053(g-2), Education Code, and the individual's school or
school district provides written verification that the individual
meets those criteria.
Sec. 621.0005. COMPLAINT REGARDING EMPLOYMENT DECISION OF
STATE AGENCY OR POLITICAL SUBDIVISION. (a) An individual entitled
to an employment preference under this chapter who is aggrieved by a
decision of a state agency or political subdivision relating to
hiring the individual, or relating to retaining the individual if
the state agency or political subdivision reduces its workforce,
may appeal the decision by filing a written complaint with the
administrative head of the state agency or the governing body of the
political subdivision.
(b) The administrative head of a state agency or the
governing body of a political subdivision that receives a written
complaint under Subsection (a) shall respond to the complaint not
later than the 15th business day after the date the administrative
head or governing body receives the complaint. The administrative
head or governing body may render a different hiring or retention
decision than the decision that is the subject of the complaint if
the administrative head or governing body determines that the
employment preference under this chapter was not applied.
SECTION 2. Chapter 621, Government Code, as added by this
Act, applies only to an open position with a state agency or
political subdivision for which the state agency or political
subdivision begins accepting applications on or after the effective
date of this Act. An open position with a state agency or political
subdivision for which the state agency or political subdivision
begins accepting applications before the effective date of this Act
is governed by the law in effect on the date the state agency or
political subdivision began accepting applications, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.