Bill Text: TX HB3929 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the employment of certain persons with disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-04 - Referred to Economic & Small Business Development [HB3929 Detail]
Download: Texas-2017-HB3929-Introduced.html
85R12005 KKR-F | ||
By: Lucio III | H.B. No. 3929 |
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relating to the employment of certain persons with disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 6, Government Code, is amended | ||
by adding Chapter 621 to read as follows: | ||
CHAPTER 621. EMPLOYMENT PREFERENCE FOR CERTAIN INDIVIDUALS WITH | ||
DISABILITIES | ||
Sec. 621.0001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Workforce | ||
Commission. | ||
(2) "Disability" means a mental or physical | ||
impairment, including blindness, that impedes an individual who is | ||
seeking, entering, or maintaining gainful employment. | ||
(3) "Medicaid" means the medical assistance program | ||
established under Chapter 32, Human Resources Code. | ||
(4) "Political subdivision" means a county, | ||
municipality, or school district. | ||
(5) "Section 1915(c) Medicaid waiver program" means a | ||
federally funded program of the state under Medicaid that is | ||
authorized under Section 1915(c) of the federal Social Security Act | ||
(42 U.S.C. Section 1396n(c)). | ||
(6) "State agency" means a board, council, committee, | ||
department, office, agency, or other governmental entity in the | ||
executive, legislative, or judicial branch of state government, | ||
including an institution of higher education as defined by Section | ||
61.003, Education Code. | ||
(7) "Supported employment" means assistance provided | ||
to an individual who, because of a disability, requires intensive, | ||
ongoing support to be self-employed, work from home, or perform in a | ||
work setting at which individuals without disabilities are employed | ||
in order for the individual with a disability to sustain paid | ||
employment. Supported employment includes adaptations, | ||
supervision, and training related to an individual's disability. | ||
Sec. 621.0002. INDIVIDUALS WITH DISABILITIES QUALIFIED FOR | ||
EMPLOYMENT PREFERENCE. An individual with a disability qualifies | ||
for an employment preference under this chapter if the individual | ||
is eligible to receive supported employment services from the | ||
commission or through a Section 1915(c) Medicaid waiver program. | ||
Sec. 621.0003. EMPLOYMENT PREFERENCE FOR CERTAIN | ||
INDIVIDUALS WITH DISABILITIES. An individual with a disability who | ||
qualifies for an employment preference under Section 621.0002 is | ||
entitled to a preference in employment with a state agency or | ||
political subdivision over other applicants for the same position | ||
who do not have a greater qualification. | ||
Sec. 621.0004. DESIGNATION OF OPEN POSITION FOR AND | ||
IMMEDIATE HIRING OF INDIVIDUAL WITH A DISABILITY ENTITLED TO | ||
EMPLOYMENT PREFERENCE. (a) A state agency or political | ||
subdivision may designate an open position for employment as a | ||
vocational rehabilitation services position and only accept | ||
applications for that position from individuals who are entitled to | ||
an employment preference under Section 621.0003. | ||
(b) Notwithstanding any other law, a state agency or | ||
political subdivision may hire for an open position within the | ||
state agency or political subdivision an individual who is entitled | ||
to an employment preference under Section 621.0003 without | ||
announcing or advertising the position if: | ||
(1) the position meets the requirements for | ||
competitive integrated employment under 34 C.F.R. Section | ||
361.5(c)(9); | ||
(2) the state agency or political subdivision receives | ||
written verification from the commission or the Health and Human | ||
Services Commission that the individual is eligible to receive | ||
supported employment services; and | ||
(3) the state agency or political subdivision | ||
determines the individual meets the qualifications for the | ||
position. | ||
(c) An individual who is entitled to an employment | ||
preference under Section 621.0003 and is otherwise eligible for | ||
employment is considered to meet the qualification of having a high | ||
school diploma if the individual meets the criteria specified by | ||
Section 39.053(g-2), Education Code, and the individual's school or | ||
school district provides written verification that the individual | ||
meets those criteria. | ||
Sec. 621.0005. COMPLAINT REGARDING EMPLOYMENT DECISION OF | ||
STATE AGENCY OR POLITICAL SUBDIVISION. (a) An individual entitled | ||
to an employment preference under this chapter who is aggrieved by a | ||
decision of a state agency or political subdivision relating to | ||
hiring the individual, or relating to retaining the individual if | ||
the state agency or political subdivision reduces its workforce, | ||
may appeal the decision by filing a written complaint with the | ||
administrative head of the state agency or the governing body of the | ||
political subdivision. | ||
(b) The administrative head of a state agency or the | ||
governing body of a political subdivision that receives a written | ||
complaint under Subsection (a) shall respond to the complaint not | ||
later than the 15th business day after the date the administrative | ||
head or governing body receives the complaint. The administrative | ||
head or governing body may render a different hiring or retention | ||
decision than the decision that is the subject of the complaint if | ||
the administrative head or governing body determines that the | ||
employment preference under this chapter was not applied. | ||
SECTION 2. Chapter 621, Government Code, as added by this | ||
Act, applies only to an open position with a state agency or | ||
political subdivision for which the state agency or political | ||
subdivision begins accepting applications on or after the effective | ||
date of this Act. An open position with a state agency or political | ||
subdivision for which the state agency or political subdivision | ||
begins accepting applications before the effective date of this Act | ||
is governed by the law in effect on the date the state agency or | ||
political subdivision began accepting applications, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |