Texas 2025 - 89th Regular

Texas House Bill HB3494 Compare Versions

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1	1	89R12960 JSC-D
2	2	By: Hernandez H.B. No. 3494
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to wages paid to certain workers with disabilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Effective September 1, 2030, Section 62.051,
12	12	Labor Code, is amended to read as follows:
13	13	Sec. 62.051. MINIMUM WAGE. An [Except as provided by
14	14	Section 62.057, an] employer shall pay to each employee the federal
15	15	minimum wage under Section 6, Fair Labor Standards Act of 1938 (29
16	16	U.S.C. Section 206).
17	17	SECTION 2. Section 62.057, Labor Code, is amended by adding
18	18	Subsection (e) to read as follows:
19	19	(e) This section expires September 1, 2030.
20	20	SECTION 3. Section 62.161, Labor Code, is amended to read as
21	21	follows:
22	22	Sec. 62.161. SHELTERED WORKSHOPS. (a) A nonprofit
23	23	charitable organization that is engaged in evaluating, training,
24	24	and employment services for clients with disabilities and that
25	25	complies with federal regulations covering those activities is
26	26	considered to have complied with this chapter.
27	27	(b) This section expires September 1, 2030.
28	28	SECTION 4. Chapter 62, Labor Code, is amended by adding
29	29	Subchapter F to read as follows:
30	30	SUBCHAPTER F. MINIMUM WAGE PLAN FOR WORKERS WITH DISABILITIES
31	31	Sec. 62.251. APPLICABILITY. This subchapter applies to an
32	32	employer who pays workers with disabilities wages that are less
33	33	than the federal minimum wage under Section 6, Fair Labor Standards
34	34	Act of 1938 (29 U.S.C. Section 206).
35	35	Sec. 62.252. WORKFORCE COMMISSION ASSISTANCE. The
36	36	workforce commission shall assist:
37	37	(1) an employer in developing a plan to increase the
38	38	wages paid to its workers with disabilities to the federal minimum
39	39	wage not later than September 1, 2030; and
40	40	(2) an employer by providing:
41	41	(A) information about certified benefits
42	42	counselors to ensure that workers are informed about work
43	43	incentives and the potential impact the increase in wages may have
44	44	on a worker's eligibility for any federal or state benefit program;
45	45	and
46	46	(B) a referral to a certified benefits counselor
47	47	to any worker with a disability who requests a referral.
48	48	Sec. 62.253. EMPLOYER RETENTION OF WORKERS. (a) Each
49	49	employer shall, to the maximum extent possible, ensure that each
50	50	worker with a disability remains employed by the employer after the
51	51	employer increases the wages paid to those workers to at least the
52	52	federal minimum wage.
53	53	(b) If an employer is unable to employ all workers with a
54	54	disability after the employer increases the wages paid to those
55	55	employees to the federal minimum wage, the employer shall work with
56	56	the commission and any other governmental entity to seek and obtain
57	57	any job training and employment services that may be suitable for
58	58	those former employees to find other employment that pays at least
59	59	the federal minimum wage.
60	60	Sec. 62.254. WORKER ASSISTANCE BY COMMISSION. In addition
61	61	to the assistance described by Section 62.253(b), the commission
62	62	may, at the worker's request, assist a worker with a disability not
63	63	retained by an employer to secure employment in a position that pays
64	64	at least the federal minimum wage.
65	65	Sec. 62.255. EXTENSION. (a) On request of an employer, the
66	66	commission may extend the period for compliance with the minimum
67	67	wage requirements of this chapter for not more than 12 months if the
68	68	employer:
69	69	(1) requests the extension not later than March 1,
70	70	2030;
71	71	(2) has demonstrated to the commission that an
72	72	extension would be in the best interest of the employer's current
73	73	workers with disabilities; and
74	74	(3) has worked with the commission to develop a
75	75	transition plan for the payment of at least the federal minimum wage
76	76	to workers with disabilities.
77	77	(b) The commission shall make a decision on a request for an
78	78	extension under Subsection (a) not later than May 1, 2030.
79	79	(c) The commission may not grant more than one extension to
80	80	an employer.
81	81	Sec. 62.256. EXPIRATION. This subchapter expires September
82	82	1, 2031.
83	83	SECTION 5. Effective September 1, 2030, Section 201.067(b),
84	84	Labor Code, is amended to read as follows:
85	85	(b) Notwithstanding Subsection (a)(1), in this subtitle
86	86	"employment" includes service performed by an individual whose
87	87	earning capacity is impaired by age, physical impairment,
88	88	developmental disability, mental illness, or intellectual
89	89	disability or injury[, other than an individual compensated as
90	90	provided by Section 62.057,] and who, after training, is working
91	91	for a sheltered workshop or other facility operated by a charitable
92	92	organization:
93	93	(1) temporarily while awaiting placement in a position
94	94	of employment in the competitive labor market; or
95	95	(2) permanently because the individual is unable to
96	96	compete in the competitive labor market.
97	97	SECTION 6. This Act takes effect September 1, 2025.