Bill Text: TX HB2409 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-12 - Referred to Natural Resources & Economic Development [HB2409 Detail]
Download: Texas-2017-HB2409-Engrossed.html
By: Raney, González of El Paso, Simmons, | H.B. No. 2409 | |
Shine, Romero, Jr., et al. |
|
||
|
||
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. INCREASE IN WAGES; 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, 2019, 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 and any worker | ||
with a disability, on request, to ensure the increase in wages paid | ||
to a worker with a disability does not affect the worker's | ||
eligibility to receive any federal benefits the worker received or | ||
was eligible to receive before the wage increase. | ||
(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 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 July 1, | ||
2019; | ||
(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 towards 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 | ||
September 1, 2019. The commission may not grant more than one | ||
extension to a community rehabilitation program. | ||
(h) Not later than January 31, 2019, the workforce | ||
commission shall report to the legislature regarding the | ||
implementation of this section. The report must include any | ||
recommendations for legislative or agency rule changes necessary to | ||
assist the commission and community rehabilitation program in | ||
performing their duties under this section. | ||
(i) This section expires September 1, 2021. | ||
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, at the request of a community | ||
rehabilitation program or any worker with a disability, 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 program's circumstances, that | ||
requiring the program to pay the worker at the federal minimum wage | ||
would result in the program not being able to hire or retain the | ||
worker with a disability and the worker, based on the worker's | ||
circumstances, such as commuting to a particular job site, 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, 2019; or | ||
(2) the date an extension granted under Section | ||
122.0075(f) expires. | ||
(e) This subsection and Subsection (d) expire September 1, | ||
2021. | ||
SECTION 2. This Act takes effect September 1, 2017. |