86R19228 MCK-F
By: Raney, Stucky, Anchia, Harless, Lambert, H.B. No. 885
et al.
Substitute the following for H.B. No. 885:
By: Frullo C.S.H.B. No. 885
A BILL TO BE ENTITLED
AN ACT
relating to wage requirements for community rehabilitation
programs participating in the purchasing from people with
disabilities program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 122, Human Resources Code, is amended by
adding Sections 122.0075 and 122.0076 to read as follows:
Sec. 122.0075. MINIMUM WAGE PLAN. (a) This section applies
to a community rehabilitation program that:
(1) is participating in the program administered under
this chapter; and
(2) pays workers with disabilities employed by the
program wages that are less than the federal minimum wage under
Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
(b) The workforce commission shall assist:
(1) a community rehabilitation program in developing a
plan to increase the wages paid to its workers with disabilities to
the federal minimum wage not later than September 1, 2022, for work
relating to any products or services purchased from the community
rehabilitation program through the program administered under this
chapter; and
(2) a community rehabilitation program by providing:
(A) information about certified benefits
counselors to ensure that workers are informed about work
incentives and the potential impact the increase in wages may have
on a worker's eligibility for any federal or state benefit program;
and
(B) a referral to a certified benefits counselor
to any worker with a disability who requests a referral.
(c) Each community rehabilitation program shall, to the
maximum extent possible, ensure that each worker with a disability
remains employed by the program after the program increases the
wages paid to those employees in accordance with the plan developed
under Subsection (b).
(d) If a community rehabilitation program is unable to
employ all workers with a disability after the program increases
the wages paid to those employees to the federal minimum wage, the
community rehabilitation program shall work with the workforce
commission and any other governmental entity to seek and obtain any
job training and employment services that may be suitable for those
former employees to find other employment that pays at least the
federal minimum wage.
(e) In addition to the assistance described by Subsection
(d), the workforce commission may, at the worker's request, assist
a worker with a disability not retained by a community
rehabilitation program to secure employment in a position that pays
at least the federal minimum wage.
(f) On request of a community rehabilitation program, the
workforce commission may extend the period for compliance with the
program participation requirements of Section 122.0076 for not more
than 12 months if the community rehabilitation program:
(1) requests the extension not later than March 1,
2022;
(2) has demonstrated to the commission that an
extension would be in the best interest of the program's employees
with disabilities;
(3) has worked with the commission to develop a
transition plan and made meaningful progress toward meeting the
program participation requirements of Section 122.0076; and
(4) submits a revised transition plan to the
commission detailing how an extension will allow the program to
meet the program participation requirements of Section 122.0076.
(g) The workforce commission shall make a decision on a
request for an extension under Subsection (f) not later than May 1,
2022. The commission may not grant more than one extension to a
community rehabilitation program.
(h) This section expires September 1, 2023.
Sec. 122.0076. WAGE REQUIREMENTS. (a) A community
rehabilitation program may not participate in the program
administered under this chapter unless each worker with a
disability employed by the program is paid at least the federal
minimum wage under Section 6, Fair Labor Standards Act of 1938 (29
U.S.C. Section 206), for any work relating to any products or
services purchased from the community rehabilitation program
through the program administered under this chapter.
(b) The workforce commission may exempt the community
rehabilitation program from the requirements of this section with
respect to a worker with a disability if the workforce commission
determines, based on the worker's circumstances, that requiring the
program to pay the worker at the federal minimum wage would result
in the program not being able to retain the worker with a
disability, the worker would not have success obtaining work with a
different employer, and the worker, based on the worker's
circumstances, would not be able to obtain employment at a higher
wage than the program would be able to pay the worker
notwithstanding the requirements of this section.
(c) To the extent of a conflict between this section and
Chapter 62, Labor Code, this section controls.
(d) This section does not apply to a community
rehabilitation program's eligibility to participate in the program
administered under this chapter before the later of:
(1) September 1, 2022; or
(2) the date an extension granted under Section
122.0075(f) expires.
(e) This subsection and Subsection (d) expire September 1,
2023.
SECTION 2. This Act takes effect September 1, 2019.