Bill Text: TX SB753 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program.

Spectrum: Slight Partisan Bill (Democrat 17-8)

Status: (Passed) 2019-05-14 - Effective on 9/1/19 [SB753 Detail]

Download: Texas-2019-SB753-Introduced.html
  86R8542 MCK-F
 
  By: Huffman S.B. No. 753
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.  MINIMUM WAGE 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, 2022, 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 and employment services 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 March 1,
  2022;
               (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 toward 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 May 1,
  2022. The commission may not grant more than one extension to a
  community rehabilitation program.
         (h)  This section expires September 1, 2023.
         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 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 worker's circumstances, that requiring the
  program to pay the worker at the federal minimum wage would result
  in the program not being able to retain the worker with a
  disability, the worker would not have success obtaining work with a
  different employer, and the worker, based on the worker's
  circumstances, 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, 2022; or
               (2)  the date an extension granted under Section
  122.0075(f) expires.
         (e)  This subsection and Subsection (d) expire September 1,
  2023.
         SECTION 2.  This Act takes effect September 1, 2019.
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