Bill Text: TX SB2022 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to competitive and integrated employment of persons with disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-27 - Referred to Natural Resources & Economic Development [SB2022 Detail]
Download: Texas-2017-SB2022-Introduced.html
85R4609 KKR-D | ||
By: Zaffirini | S.B. No. 2022 |
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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. | ||
Beginning September 1, 2024, state funds 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, 2020, the commission: | ||
(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, shall adopt a | ||
plan to phase out the use of state funds 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) shall 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 funds, including funds | ||
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, 2024. | ||
Sec. 352.061. WAGE STUDY. (a) In this section "individual | ||
with a disability" has the meaning assigned by Section 352.151. | ||
(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, as defined by 34 C.F.R. | ||
Section 361.5; | ||
(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, 2017, | ||
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, 2018, 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 work settings at competitive wages. | ||
(d) This section expires September 1, 2019. | ||
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, 2024. | ||
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, 2018, 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, 2017. |