Texas 2019 - 86th Regular

Texas House Bill HB885 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R19228 MCK-F
2		-	By: Raney, Stucky, Anchia, Harless, Lambert, H.B. No. 885
3		-	et al.
4		-	Substitute the following for H.B. No. 885:
5		-	By: Frullo C.S.H.B. No. 885
	1	+	86R4795 MCK-F
	2	+	By: Raney H.B. No. 885
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to wage requirements for community rehabilitation
11	8		programs participating in the purchasing from people with
12	9		disabilities program.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Chapter 122, Human Resources Code, is amended by
15	12		adding Sections 122.0075 and 122.0076 to read as follows:
16		-	Sec. 122.0075. ~~MINIMUM WAGE~~ PLAN. (a) This section ~~applies~~
17		-	to a community rehabilitation program that:
	13	+	Sec. 122.0075. INCREASE IN WAGES; PLAN. (a) This section
	14	+	applies to a community rehabilitation program that:
18	15		(1) is participating in the program administered under
19	16		this chapter; and
20	17		(2) pays workers with disabilities employed by the
21	18		program wages that are less than the federal minimum wage under
22	19		Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
23		-	(b) The workforce commission shall assist:
24		-	(1) a community rehabilitation program in developing a
25		-	plan to increase the wages paid to its workers with disabilities to
26		-	the federal minimum wage not later than September 1, 2022, for work
27		-	relating to any products or services purchased from the community
28		-	rehabilitation program through the program administered under this
29		-	chapter; and
30		-	(2) a community rehabilitation program by providing:
31		-	(A) information about certified benefits
32		-	counselors to ensure that workers are informed about work
33		-	incentives and the potential impact the increase in wages may have
34		-	on a worker's eligibility for any federal or state benefit program;
35		-	and
36		-	(B) a referral to a certified benefits counselor
37		-	to any worker with a disability who requests a referral.
	20	+	(b) The workforce commission shall assist a community
	21	+	rehabilitation program in developing a plan to increase the wages
	22	+	paid to its workers with disabilities to the federal minimum wage
	23	+	not later than September 1, 2021.
38	24		(c) Each community rehabilitation program shall, to the
39	25		maximum extent possible, ensure that each worker with a disability
40	26		remains employed by the program after the program increases the
41	27		wages paid to those employees in accordance with the plan developed
42	28		under Subsection (b).
43	29		(d) If a community rehabilitation program is unable to
44	30		employ all workers with a disability after the program increases
45	31		the wages paid to those employees to the federal minimum wage, the
46	32		community rehabilitation program shall work with the workforce
47		-	commission and any other governmental entity to seek and obtain any
48		-	job training and employment services that may be suitable for those
49		-	former employees to find other employment that pays at least the
50		-	federal minimum wage.
51		-	(e) In addition to the assistance described by Subsection
52		-	(d), the workforce commission may, at the worker's request, assist
53		-	a worker with a disability not retained by a community
54		-	rehabilitation program to secure employment in a position that pays
55		-	at least the federal minimum wage.
56		-	(f) On request of a community rehabilitation program, the
57		-	workforce commission may extend the period for compliance with the
58		-	program participation requirements of Section 122.0076 for not more
59		-	than 12 months if the community rehabilitation program:
60		-	(1) requests the extension not later than March 1,
61		-	2022;
62		-	(2) has demonstrated to the commission that an
63		-	extension would be in the best interest of the program's employees
64		-	with disabilities;
65		-	(3) has worked with the commission to develop a
66		-	transition plan and made meaningful progress toward meeting the
67		-	program participation requirements of Section 122.0076; and
68		-	(4) submits a revised transition plan to the
69		-	commission detailing how an extension will allow the program to
70		-	meet the program participation requirements of Section 122.0076.
71		-	(g) The workforce commission shall make a decision on a
72		-	request for an extension under Subsection (f) not later than May 1,
73		-	2022. The commission may not grant more than one extension to a
74		-	community rehabilitation program.
75		-	(h) This section expires September 1, 2023.
	33	+	commission and any other governmental entity to seek for and obtain
	34	+	any job training that may be suitable for those former employees to
	35	+	find other employment that pays at least the federal minimum wage.
	36	+	(e) This section expires September 1, 2021.
76	37		Sec. 122.0076. WAGE REQUIREMENTS. (a) A community
77	38		rehabilitation program may not participate in the program
78	39		administered under this chapter unless each worker with a
79	40		disability employed by the program is paid at least the federal
80	41		minimum wage under Section 6, Fair Labor Standards Act of 1938 (29
81		-	U.S.C. Section 206), for any work relating to any products or
82		-	services purchased from the community rehabilitation program
83		-	through the program administered under this chapter.
84		-	(b) The workforce commission may exempt the community
85		-	rehabilitation program from the requirements of this section with
86		-	respect to a worker with a disability if the workforce commission
87		-	determines, based on the worker's circumstances, that requiring the
88		-	program to pay the worker at the federal minimum wage would result
89		-	in the program not being able to retain the worker with a
90		-	disability, the worker would not have success obtaining work with a
91		-	different employer, and the worker, based on the worker's
92		-	circumstances, would not be able to obtain employment at a higher
93		-	wage than the program would be able to pay the worker
94		-	notwithstanding the requirements of this section.
95		-	(c) To the extent of a conflict between this section and
	42	+	U.S.C. Section 206).
	43	+	(b) To the extent of a conflict between this section and
96	44		Chapter 62, Labor Code, this section controls.
97		-	(d) This section does not apply to a community
98		-	rehabilitation program's eligibility to participate in the program
99		-	administered under this chapter before the later of:
100		-	(1) September 1, 2022; or
101		-	(2) the date an extension granted under Section
102		-	122.0075(f) expires.
103		-	(e) This subsection and Subsection (d) expire September 1,
104		-	2023.
105		-	SECTION 2. This Act takes effect September 1, 2019.
	45	+	SECTION 2. (a) Except as provided by Subsection (b) of this
	46	+	section, this Act takes effect September 1, 2019.
	47	+	(b) Section 122.0076, Human Resources Code, as added by this
	48	+	Act, takes effect September 1, 2021.