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A BILL TO BE ENTITLED
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AN ACT
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relating to competitive and integrated employment of persons with |
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disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 62, Labor Code, is amended |
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by adding Section 62.058 to read as follows: |
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Sec. 62.058. SUBMINIMUM WAGE SETTINGS; STATE FUNDING. |
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Beginning September 1, 2024, state funds may not be used for |
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services provided by, or to purchase goods from, an entity that |
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employs individuals with disabilities in subminimum wage settings, |
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including a community rehabilitation program, sheltered workshop, |
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or work activity center. |
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SECTION 2. Subchapter B, Chapter 352, Labor Code, is |
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amended by adding Sections 352.060 and 352.061 to read as follows: |
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Sec. 352.060. PLAN FOR REDUCTION OF FUNDING FOR CERTAIN |
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ENTITIES PROVIDING EMPLOYMENT AT SUBMINIMUM WAGES. (a) In this |
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section "community rehabilitation program," "individual with a |
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disability," "sheltered workshop," and "subminimum wage setting" |
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have the meanings assigned by Section 352.151. |
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(b) Not later than September 1, 2020, the commission: |
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(1) in consultation with the Health and Human Services |
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Commission, the Texas Education Agency, the comptroller, the |
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advisory committee established under Section 122.0057, Human |
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Resources Code, the Rehabilitation Council of Texas, and other |
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relevant state agencies and statewide organizations, shall adopt a |
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plan to phase out the use of state funds for services provided by, |
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and goods purchased from, an entity that employs individuals with |
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disabilities in subminimum wage settings, including a community |
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rehabilitation program, sheltered workshop, or work activity |
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center; and |
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(2) shall submit the plan to the governor, lieutenant |
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governor, speaker of the house of representatives, and chairs of |
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the legislative committees with appropriate jurisdiction. |
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(c) The plan adopted under this section must identify: |
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(1) benchmarks and desired outcomes for each year of |
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the phaseout period; |
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(2) the resources necessary to ensure that individuals |
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with disabilities: |
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(A) receive support according to the needs and |
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preferences of the individuals; and |
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(B) are employed in integrated settings, |
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regardless of the nature or severity of the individuals' |
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disabilities; |
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(3) all federal and state funds, including funds |
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available under Medicaid, that may be used to assist individuals |
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with disabilities in obtaining competitive, integrated employment; |
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and |
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(4) a system for tracking the employment outcomes of |
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individuals with disabilities, including tracking the: |
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(A) wages received by the individuals; |
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(B) unemployment rates of the individuals; and |
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(C) number of individuals moved from subminimum |
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wage settings to: |
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(i) competitive, integrated employment; |
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and |
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(ii) nonpaying activities. |
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(d) Not later than September 1 of each year, the commission |
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shall submit to the governor, lieutenant governor, speaker of the |
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house of representatives, and chairs of the legislative committees |
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with appropriate jurisdiction a report on the development of the |
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plan required under this section. The report must include: |
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(1) a description of the benchmarks and desired |
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outcomes identified in Subsection (c)(1) and the status of |
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achieving the benchmarks and outcomes; and |
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(2) recommendations for funding and resources |
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necessary to implement the plan. |
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(e) This section expires September 1, 2024. |
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Sec. 352.061. WAGE STUDY. (a) In this section "individual |
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with a disability" has the meaning assigned by Section 352.151. |
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(b) The commission, in consultation with relevant state |
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agencies, advisory committees, and organizations, shall conduct a |
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study concerning individuals with disabilities in this state who |
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are employed at or above minimum wage but below the federal |
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prevailing wage for employees who do not have a disability. The |
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study must address: |
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(1) the number and demographics of individuals with |
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disabilities who earn at least minimum wage but less than the |
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federal prevailing wage for employees who do not have a disability; |
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(2) to what extent the individuals with disabilities |
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are employed in integrated settings, as defined by 34 C.F.R. |
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Section 361.5; |
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(3) the type of employment of individuals with |
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disabilities, including whether the individuals are employed under |
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federal AbilityOne contracts; |
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(4) whether any changes in federal law or policy |
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regarding the payment of lower wages to individuals with |
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disabilities occur or are likely to occur after September 1, 2017, |
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and if so a description of those laws or policies; and |
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(5) whether opportunities exist for individuals with |
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disabilities to obtain employment at similar rates of pay in |
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competitive work settings. |
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(c) Not later than September 1, 2018, the commission shall |
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submit to the governor, lieutenant governor, speaker of the house |
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of representatives, and chairs of the legislative committees with |
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appropriate jurisdiction a report on the findings of the study |
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conducted under this section. The report must include |
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recommendations for increasing the employment of individuals with |
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disabilities in integrated work settings at competitive wages. |
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(d) This section expires September 1, 2019. |
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SECTION 3. Chapter 352, Labor Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. COMPETITIVE WAGES AND INTEGRATED WORK SETTINGS FOR |
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INDIVIDUALS WITH DISABILITIES |
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Sec. 352.151. DEFINITIONS. In this subchapter: |
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(1) "Community rehabilitation program" has the |
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meaning assigned by Section 122.002, Human Resources Code. |
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(2) "Individual with a disability" means any |
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individual who has a physical or mental impairment that constitutes |
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a substantial impediment to employment, or to achieving maximum |
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personal independence, but that is of a nature that rehabilitation |
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services may be expected to enable the individual to engage in a |
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gainful occupation or enable the individual to achieve a greater |
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level of self-care and independent living. |
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(3) "Sheltered workshop" means an organization |
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described by Section 62.161. |
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(4) "Subminimum wage setting" means an employment |
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environment in which persons with disabilities are segregated and |
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receive wages that are less than the federal minimum wage. |
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Sec. 352.152. INDIVIDUAL PLAN FOR COMPETITIVE AND |
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INTEGRATED EMPLOYMENT. (a) The commission shall develop |
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processes for: |
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(1) identifying all clients who are individuals with |
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disabilities and are employed in subminimum wage settings by an |
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entity that employs individuals with disabilities in subminimum |
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wage settings, including a community rehabilitation program, |
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sheltered workshop, or work activity center; and |
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(2) creating an individual plan for competitive and |
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integrated employment for each client described by Subdivision (1) |
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that addresses moving the client into employment in an integrated |
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work setting at a competitive wage. |
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(b) A counselor of a client identified by the commission as |
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an individual with a disability who is employed in a subminimum wage |
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setting as described by Subsection (a)(1) shall prepare for the |
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individual an individual plan for competitive and integrated |
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employment in the format prescribed by the commission. |
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(c) An individual plan for competitive and integrated |
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employment must: |
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(1) include a recommendation on the type of integrated |
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work environment that is most appropriate to meet the client's |
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needs based on the client's strengths, resources, priorities, |
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concerns, capabilities, interests, and informed choices; |
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(2) identify the services, supports, and |
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accommodations necessary for the client's employment in the most |
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appropriate integrated work environment; |
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(3) identify the barriers preventing the client from |
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receiving the necessary services, supports, and accommodations, |
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including: |
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(A) access to funding or necessary resources and |
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services; |
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(B) access to medical or behavioral support; |
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(C) decision-making by the individual or the |
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individual's representative, as appropriate; and |
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(D) family members' concerns about or opposition |
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to the client's employment in an integrated work environment; |
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(4) include a plan for monitoring progress in |
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resolving the barriers identified in Subdivision (3); and |
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(5) for a client employed in a subminimum wage |
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setting: |
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(A) establish a goal for the client to achieve a |
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specific employment outcome with the employer; |
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(B) include a description of the actions, |
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accommodations, and supports needed to achieve the client's goal; |
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(C) identify barriers to the client obtaining |
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competitive and integrated employment with the employer; |
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(D) establish a plan for monitoring the progress |
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toward achieving the client's goal; and |
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(E) establish goals and activities for the client |
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on days that work is not available or the client chooses not to |
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work. |
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(d) A counselor shall involve the client, the client's |
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representative, if applicable, and the client's employer in |
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preparing and revising the individual plan. The counselor must use |
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appropriate communications devices and techniques to facilitate |
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the client's involvement in preparing and revising the individual |
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plan. |
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(e) Annually or at the request of a client, the client's |
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counselor shall meet with the client to discuss the progress of the |
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client's goals under the individual plan and reevaluate the most |
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appropriate integrated work environment for the individual in |
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accordance with the Americans with Disabilities Act of 1990 (42 |
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U.S.C. Section 12101 et seq.). The counselor shall document the |
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discussions held and recommendations made during the meeting. |
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Sec. 352.1521. OUTCOMES OF INDIVIDUAL PLANS FOR COMPETITIVE |
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AND INTEGRATED EMPLOYMENT. (a) Not later than September 1 of each |
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year, the commission shall submit to the governor, lieutenant |
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governor, speaker of the house of representatives, and chairs of |
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the legislative committees with appropriate jurisdiction a report |
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summarizing by region and statewide the progress of commission |
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clients with individual plans for competitive and integrated |
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employment under Section 352.152, including de-identified |
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information about the: |
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(1) wages received by the individuals; |
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(2) unemployment rates of the individuals; and |
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(3) number of individuals moved from subminimum wage |
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settings to: |
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(A) competitive, integrated employment; and |
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(B) nonpaying activities. |
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(b) This section expires September 1, 2024. |
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Sec. 352.153. REQUIRED NOTICE TO CLIENT. (a) A client's |
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counselor shall provide notice to the client that the client has the |
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right to: |
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(1) choose the type of employment and employer the |
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client prefers; and |
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(2) decide when to work. |
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(b) At the time an individual with a disability begins |
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employment in a subminimum wage setting, the individual's employer |
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shall provide information about all opportunities to obtain |
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competitive, integrated employment with the employer. |
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SECTION 4. Not later than March 1, 2018, the Texas Workforce |
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Commission shall adopt rules necessary to implement Subchapter D, |
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Chapter 352, Labor Code, as added by this Act. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2017. |