Texas 2019 - 86th Regular

Texas Senate Bill SB1973 Compare Versions

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

Old	New	Differences
1	1	86R9331 KKR-D
2	2	By: Zaffirini S.B. No. 1973
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to competitive and integrated employment of persons with
8	8	disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 62, Labor Code, is amended
11	11	by adding Section 62.058 to read as follows:
12	12	Sec. 62.058. SUBMINIMUM WAGE SETTINGS; STATE FUNDING. (a)
13	13	In this section, "community rehabilitation program," "individual
14	14	with a disability," "sheltered workshop," and "subminimum wage
15	15	setting" have the meanings assigned by Section 352.151.
16	16	(b) Beginning September 1, 2026, state money may not be used
17	17	for services provided by, or to purchase goods from, an entity that
18	18	employs individuals with disabilities in subminimum wage settings,
19	19	including a community rehabilitation program, sheltered workshop,
20	20	or work activity center.
21	21	SECTION 2. Subchapter B, Chapter 352, Labor Code, is
22	22	amended by adding Sections 352.060 and 352.061 to read as follows:
23	23	Sec. 352.060. PLAN FOR REDUCTION OF FUNDING FOR CERTAIN
24	24	ENTITIES PROVIDING EMPLOYMENT AT SUBMINIMUM WAGES. (a) In this
25	25	section, "community rehabilitation program," "individual with a
26	26	disability," "sheltered workshop," and "subminimum wage setting"
27	27	have the meanings assigned by Section 352.151.
28	28	(b) Not later than September 1, 2022, the commission shall:
29	29	(1) in consultation with the Health and Human Services
30	30	Commission, the Texas Education Agency, the comptroller, the
31	31	advisory committee established under Section 122.0057, Human
32	32	Resources Code, the Rehabilitation Council of Texas, and other
33	33	relevant state agencies and statewide organizations, adopt a plan
34	34	to phase out the use of state money for services provided by, and
35	35	goods purchased from, an entity that employs individuals with
36	36	disabilities in subminimum wage settings, including a community
37	37	rehabilitation program, sheltered workshop, or work activity
38	38	center; and
39	39	(2) submit the plan to the governor, lieutenant
40	40	governor, speaker of the house of representatives, and chairs of
41	41	the legislative committees with appropriate jurisdiction.
42	42	(c) The plan adopted under this section must identify:
43	43	(1) benchmarks and desired outcomes for each year of
44	44	the phaseout period;
45	45	(2) the resources necessary to ensure that individuals
46	46	with disabilities:
47	47	(A) receive support according to the needs and
48	48	preferences of the individuals; and
49	49	(B) are employed in integrated settings,
50	50	regardless of the nature or severity of the individuals'
51	51	disabilities;
52	52	(3) all federal and state money, including money
53	53	available under Medicaid, that may be used to assist individuals
54	54	with disabilities in obtaining competitive, integrated employment;
55	55	and
56	56	(4) a system for tracking the employment outcomes of
57	57	individuals with disabilities, including tracking the:
58	58	(A) wages received by the individuals;
59	59	(B) unemployment rates of the individuals; and
60	60	(C) number of individuals moved from subminimum
61	61	wage settings to:
62	62	(i) competitive, integrated employment;
63	63	and
64	64	(ii) nonpaying activities.
65	65	(d) Not later than September 1 of each year, the commission
66	66	shall submit to the governor, lieutenant governor, speaker of the
67	67	house of representatives, and chairs of the legislative committees
68	68	with appropriate jurisdiction a report on the development of the
69	69	plan required under this section. The report must include:
70	70	(1) a description of the benchmarks and desired
71	71	outcomes identified in Subsection (c)(1) and the status of
72	72	achieving the benchmarks and outcomes; and
73	73	(2) recommendations for funding and resources
74	74	necessary to implement the plan.
75	75	(e) This section expires September 1, 2026.
76	76	Sec. 352.061. WAGE STUDY. (a) In this section:
77	77	(1) "Individual with a disability" has the meaning
78	78	assigned by Section 352.151.
79	79	(2) "Integrated setting" has the meaning assigned by
80	80	34 C.F.R. Section 361.5.
81	81	(b) The commission, in consultation with relevant state
82	82	agencies, advisory committees, and organizations, shall conduct a
83	83	study concerning individuals with disabilities in this state who
84	84	are employed at or above minimum wage but below the federal
85	85	prevailing wage for employees who do not have a disability. The
86	86	study must address:
87	87	(1) the number and demographics of individuals with
88	88	disabilities who earn at least minimum wage but less than the
89	89	federal prevailing wage for employees who do not have a disability;
90	90	(2) to what extent the individuals with disabilities
91	91	are employed in integrated settings;
92	92	(3) the type of employment of individuals with
93	93	disabilities, including whether the individuals are employed under
94	94	federal AbilityOne contracts;
95	95	(4) whether any changes in federal law or policy
96	96	regarding the payment of lower wages to individuals with
97	97	disabilities occur or are likely to occur after September 1, 2019,
98	98	and if so a description of those laws or policies; and
99	99	(5) whether opportunities exist for individuals with
100	100	disabilities to obtain employment at similar rates of pay in
101	101	competitive work settings.
102	102	(c) Not later than September 1, 2020, the commission shall
103	103	submit to the governor, lieutenant governor, speaker of the house
104	104	of representatives, and chairs of the legislative committees with
105	105	appropriate jurisdiction a report on the findings of the study
106	106	conducted under this section. The report must include
107	107	recommendations for increasing the employment of individuals with
108	108	disabilities in integrated settings at competitive wages.
109	109	(d) This section expires September 1, 2021.
110	110	SECTION 3. Chapter 352, Labor Code, is amended by adding
111	111	Subchapter D to read as follows:
112	112	SUBCHAPTER D. COMPETITIVE WAGES AND INTEGRATED WORK SETTINGS FOR
113	113	INDIVIDUALS WITH DISABILITIES
114	114	Sec. 352.151. DEFINITIONS. In this subchapter:
115	115	(1) "Community rehabilitation program" has the
116	116	meaning assigned by Section 122.002, Human Resources Code.
117	117	(2) "Individual with a disability" means any
118	118	individual who has a physical or mental impairment that constitutes
119	119	a substantial impediment to employment, or to achieving maximum
120	120	personal independence, but that is of a nature that rehabilitation
121	121	services may be expected to enable the individual to engage in a
122	122	gainful occupation or enable the individual to achieve a greater
123	123	level of self-care and independent living.
124	124	(3) "Sheltered workshop" means an organization
125	125	described by Section 62.161.
126	126	(4) "Subminimum wage setting" means an employment
127	127	environment in which persons with disabilities are segregated and
128	128	receive wages that are less than the federal minimum wage.
129	129	Sec. 352.152. INDIVIDUAL PLAN FOR COMPETITIVE AND
130	130	INTEGRATED EMPLOYMENT. (a) The commission shall develop
131	131	processes for:
132	132	(1) identifying all clients who are individuals with
133	133	disabilities and are employed in subminimum wage settings by an
134	134	entity that employs individuals with disabilities in subminimum
135	135	wage settings, including a community rehabilitation program,
136	136	sheltered workshop, or work activity center; and
137	137	(2) creating an individual plan for competitive and
138	138	integrated employment for each client described by Subdivision (1)
139	139	that addresses moving the client into employment in an integrated
140	140	work setting at a competitive wage.
141	141	(b) A counselor of a client identified by the commission as
142	142	an individual with a disability who is employed in a subminimum wage
143	143	setting as described by Subsection (a)(1) shall prepare for the
144	144	individual an individual plan for competitive and integrated
145	145	employment in the format prescribed by the commission.
146	146	(c) An individual plan for competitive and integrated
147	147	employment must:
148	148	(1) include a recommendation on the type of integrated
149	149	work environment that is most appropriate to meet the client's
150	150	needs based on the client's strengths, resources, priorities,
151	151	concerns, capabilities, interests, and informed choices;
152	152	(2) identify the services, supports, and
153	153	accommodations necessary for the client's employment in the most
154	154	appropriate integrated work environment;
155	155	(3) identify the barriers preventing the client from
156	156	receiving the necessary services, supports, and accommodations,
157	157	including:
158	158	(A) access to funding or necessary resources and
159	159	services;
160	160	(B) access to medical or behavioral support;
161	161	(C) decision-making by the individual or the
162	162	individual's representative, as appropriate; and
163	163	(D) family members' concerns about or opposition
164	164	to the client's employment in an integrated work environment;
165	165	(4) include a plan for monitoring progress in
166	166	resolving the barriers identified in Subdivision (3); and
167	167	(5) for a client employed in a subminimum wage
168	168	setting:
169	169	(A) establish a goal for the client to achieve a
170	170	specific employment outcome with the employer;
171	171	(B) include a description of the actions,
172	172	accommodations, and supports needed to achieve the client's goal;
173	173	(C) identify barriers to the client obtaining
174	174	competitive and integrated employment with the employer;
175	175	(D) establish a plan for monitoring the progress
176	176	toward achieving the client's goal; and
177	177	(E) establish goals and activities for the client
178	178	on days that work is not available or the client chooses not to
179	179	work.
180	180	(d) A counselor shall involve the client, the client's
181	181	representative, if applicable, and the client's employer in
182	182	preparing and revising the individual plan. The counselor must use
183	183	appropriate communications devices and techniques to facilitate
184	184	the client's involvement in preparing and revising the individual
185	185	plan.
186	186	(e) Annually or at the request of a client, the client's
187	187	counselor shall meet with the client to discuss the progress of the
188	188	client's goals under the individual plan and reevaluate the most
189	189	appropriate integrated work environment for the individual in
190	190	accordance with the Americans with Disabilities Act of 1990 (42
191	191	U.S.C. Section 12101 et seq.). The counselor shall document the
192	192	discussions held and recommendations made during the meeting.
193	193	Sec. 352.1521. OUTCOMES OF INDIVIDUAL PLANS FOR COMPETITIVE
194	194	AND INTEGRATED EMPLOYMENT. (a) Not later than September 1 of each
195	195	year, the commission shall submit to the governor, lieutenant
196	196	governor, speaker of the house of representatives, and chairs of
197	197	the legislative committees with appropriate jurisdiction a report
198	198	summarizing by region and statewide the progress of commission
199	199	clients with individual plans for competitive and integrated
200	200	employment under Section 352.152, including de-identified
201	201	information about the:
202	202	(1) wages received by the individuals;
203	203	(2) unemployment rates of the individuals; and
204	204	(3) number of individuals moved from subminimum wage
205	205	settings to:
206	206	(A) competitive, integrated employment; and
207	207	(B) nonpaying activities.
208	208	(b) This section expires September 1, 2026.
209	209	Sec. 352.153. REQUIRED NOTICE TO CLIENT. (a) A client's
210	210	counselor shall provide notice to the client that the client has the
211	211	right to:
212	212	(1) choose the type of employment and employer the
213	213	client prefers; and
214	214	(2) decide when to work.
215	215	(b) At the time an individual with a disability begins
216	216	employment in a subminimum wage setting, the individual's employer
217	217	shall provide information about all opportunities to obtain
218	218	competitive, integrated employment with the employer.
219	219	SECTION 4. Not later than March 1, 2020, the Texas Workforce
220	220	Commission shall adopt rules necessary to implement Subchapter D,
221	221	Chapter 352, Labor Code, as added by this Act.
222	222	SECTION 5. If before implementing any provision of this Act
223	223	a state agency determines that a waiver or authorization from a
224	224	federal agency is necessary for implementation of that provision,
225	225	the agency affected by the provision shall request the waiver or
226	226	authorization and may delay implementing that provision until the
227	227	waiver or authorization is granted.
228	228	SECTION 6. This Act takes effect September 1, 2019.