86R9331 KKR-D
By: Zaffirini S.B. No. 1973
A BILL TO BE ENTITLED
AN ACT
relating to competitive and integrated employment of persons with
disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 62, Labor Code, is amended
by adding Section 62.058 to read as follows:
Sec. 62.058. SUBMINIMUM WAGE SETTINGS; STATE FUNDING. (a)
In this section, "community rehabilitation program," "individual
with a disability," "sheltered workshop," and "subminimum wage
setting" have the meanings assigned by Section 352.151.
(b) Beginning September 1, 2026, state money may not be used
for services provided by, or to purchase goods from, an entity that
employs individuals with disabilities in subminimum wage settings,
including a community rehabilitation program, sheltered workshop,
or work activity center.
SECTION 2. Subchapter B, Chapter 352, Labor Code, is
amended by adding Sections 352.060 and 352.061 to read as follows:
Sec. 352.060. PLAN FOR REDUCTION OF FUNDING FOR CERTAIN
ENTITIES PROVIDING EMPLOYMENT AT SUBMINIMUM WAGES. (a) In this
section, "community rehabilitation program," "individual with a
disability," "sheltered workshop," and "subminimum wage setting"
have the meanings assigned by Section 352.151.
(b) Not later than September 1, 2022, the commission shall:
(1) in consultation with the Health and Human Services
Commission, the Texas Education Agency, the comptroller, the
advisory committee established under Section 122.0057, Human
Resources Code, the Rehabilitation Council of Texas, and other
relevant state agencies and statewide organizations, adopt a plan
to phase out the use of state money for services provided by, and
goods purchased from, an entity that employs individuals with
disabilities in subminimum wage settings, including a community
rehabilitation program, sheltered workshop, or work activity
center; and
(2) submit the plan to the governor, lieutenant
governor, speaker of the house of representatives, and chairs of
the legislative committees with appropriate jurisdiction.
(c) The plan adopted under this section must identify:
(1) benchmarks and desired outcomes for each year of
the phaseout period;
(2) the resources necessary to ensure that individuals
with disabilities:
(A) receive support according to the needs and
preferences of the individuals; and
(B) are employed in integrated settings,
regardless of the nature or severity of the individuals'
disabilities;
(3) all federal and state money, including money
available under Medicaid, that may be used to assist individuals
with disabilities in obtaining competitive, integrated employment;
and
(4) a system for tracking the employment outcomes of
individuals with disabilities, including tracking the:
(A) wages received by the individuals;
(B) unemployment rates of the individuals; and
(C) number of individuals moved from subminimum
wage settings to:
(i) competitive, integrated employment;
and
(ii) nonpaying activities.
(d) Not later than September 1 of each year, the commission
shall submit to the governor, lieutenant governor, speaker of the
house of representatives, and chairs of the legislative committees
with appropriate jurisdiction a report on the development of the
plan required under this section. The report must include:
(1) a description of the benchmarks and desired
outcomes identified in Subsection (c)(1) and the status of
achieving the benchmarks and outcomes; and
(2) recommendations for funding and resources
necessary to implement the plan.
(e) This section expires September 1, 2026.
Sec. 352.061. WAGE STUDY. (a) In this section:
(1) "Individual with a disability" has the meaning
assigned by Section 352.151.
(2) "Integrated setting" has the meaning assigned by
34 C.F.R. Section 361.5.
(b) The commission, in consultation with relevant state
agencies, advisory committees, and organizations, shall conduct a
study concerning individuals with disabilities in this state who
are employed at or above minimum wage but below the federal
prevailing wage for employees who do not have a disability. The
study must address:
(1) the number and demographics of individuals with
disabilities who earn at least minimum wage but less than the
federal prevailing wage for employees who do not have a disability;
(2) to what extent the individuals with disabilities
are employed in integrated settings;
(3) the type of employment of individuals with
disabilities, including whether the individuals are employed under
federal AbilityOne contracts;
(4) whether any changes in federal law or policy
regarding the payment of lower wages to individuals with
disabilities occur or are likely to occur after September 1, 2019,
and if so a description of those laws or policies; and
(5) whether opportunities exist for individuals with
disabilities to obtain employment at similar rates of pay in
competitive work settings.
(c) Not later than September 1, 2020, the commission shall
submit to the governor, lieutenant governor, speaker of the house
of representatives, and chairs of the legislative committees with
appropriate jurisdiction a report on the findings of the study
conducted under this section. The report must include
recommendations for increasing the employment of individuals with
disabilities in integrated settings at competitive wages.
(d) This section expires September 1, 2021.
SECTION 3. Chapter 352, Labor Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. COMPETITIVE WAGES AND INTEGRATED WORK SETTINGS FOR
INDIVIDUALS WITH DISABILITIES
Sec. 352.151. DEFINITIONS. In this subchapter:
(1) "Community rehabilitation program" has the
meaning assigned by Section 122.002, Human Resources Code.
(2) "Individual with a disability" means any
individual who has a physical or mental impairment that constitutes
a substantial impediment to employment, or to achieving maximum
personal independence, but that is of a nature that rehabilitation
services may be expected to enable the individual to engage in a
gainful occupation or enable the individual to achieve a greater
level of self-care and independent living.
(3) "Sheltered workshop" means an organization
described by Section 62.161.
(4) "Subminimum wage setting" means an employment
environment in which persons with disabilities are segregated and
receive wages that are less than the federal minimum wage.
Sec. 352.152. INDIVIDUAL PLAN FOR COMPETITIVE AND
INTEGRATED EMPLOYMENT. (a) The commission shall develop
processes for:
(1) identifying all clients who are individuals with
disabilities and are employed in subminimum wage settings by an
entity that employs individuals with disabilities in subminimum
wage settings, including a community rehabilitation program,
sheltered workshop, or work activity center; and
(2) creating an individual plan for competitive and
integrated employment for each client described by Subdivision (1)
that addresses moving the client into employment in an integrated
work setting at a competitive wage.
(b) A counselor of a client identified by the commission as
an individual with a disability who is employed in a subminimum wage
setting as described by Subsection (a)(1) shall prepare for the
individual an individual plan for competitive and integrated
employment in the format prescribed by the commission.
(c) An individual plan for competitive and integrated
employment must:
(1) include a recommendation on the type of integrated
work environment that is most appropriate to meet the client's
needs based on the client's strengths, resources, priorities,
concerns, capabilities, interests, and informed choices;
(2) identify the services, supports, and
accommodations necessary for the client's employment in the most
appropriate integrated work environment;
(3) identify the barriers preventing the client from
receiving the necessary services, supports, and accommodations,
including:
(A) access to funding or necessary resources and
services;
(B) access to medical or behavioral support;
(C) decision-making by the individual or the
individual's representative, as appropriate; and
(D) family members' concerns about or opposition
to the client's employment in an integrated work environment;
(4) include a plan for monitoring progress in
resolving the barriers identified in Subdivision (3); and
(5) for a client employed in a subminimum wage
setting:
(A) establish a goal for the client to achieve a
specific employment outcome with the employer;
(B) include a description of the actions,
accommodations, and supports needed to achieve the client's goal;
(C) identify barriers to the client obtaining
competitive and integrated employment with the employer;
(D) establish a plan for monitoring the progress
toward achieving the client's goal; and
(E) establish goals and activities for the client
on days that work is not available or the client chooses not to
work.
(d) A counselor shall involve the client, the client's
representative, if applicable, and the client's employer in
preparing and revising the individual plan. The counselor must use
appropriate communications devices and techniques to facilitate
the client's involvement in preparing and revising the individual
plan.
(e) Annually or at the request of a client, the client's
counselor shall meet with the client to discuss the progress of the
client's goals under the individual plan and reevaluate the most
appropriate integrated work environment for the individual in
accordance with the Americans with Disabilities Act of 1990 (42
U.S.C. Section 12101 et seq.). The counselor shall document the
discussions held and recommendations made during the meeting.
Sec. 352.1521. OUTCOMES OF INDIVIDUAL PLANS FOR COMPETITIVE
AND INTEGRATED EMPLOYMENT. (a) Not later than September 1 of each
year, the commission shall submit to the governor, lieutenant
governor, speaker of the house of representatives, and chairs of
the legislative committees with appropriate jurisdiction a report
summarizing by region and statewide the progress of commission
clients with individual plans for competitive and integrated
employment under Section 352.152, including de-identified
information about the:
(1) wages received by the individuals;
(2) unemployment rates of the individuals; and
(3) number of individuals moved from subminimum wage
settings to:
(A) competitive, integrated employment; and
(B) nonpaying activities.
(b) This section expires September 1, 2026.
Sec. 352.153. REQUIRED NOTICE TO CLIENT. (a) A client's
counselor shall provide notice to the client that the client has the
right to:
(1) choose the type of employment and employer the
client prefers; and
(2) decide when to work.
(b) At the time an individual with a disability begins
employment in a subminimum wage setting, the individual's employer
shall provide information about all opportunities to obtain
competitive, integrated employment with the employer.
SECTION 4. Not later than March 1, 2020, the Texas Workforce
Commission shall adopt rules necessary to implement Subchapter D,
Chapter 352, Labor Code, as added by this Act.
SECTION 5. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 6. This Act takes effect September 1, 2019.