S.B. No. 753

	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 by providing:
	(A)  information about certified benefits
	counselors to ensure that workers are informed about work
	incentives and the potential impact the increase in wages may have
	on a worker's eligibility for any federal or state benefit program;
	and
	(B)  a referral to a certified benefits counselor
	to any worker with a disability who requests a referral.
	(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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 753 passed the Senate on
	April 17, 2019, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 753 passed the House on
	April 30, 2019, by the following vote:  Yeas 107, Nays 28, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor