By Greenberg H.B. No. 3116
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to work supplementation programs for certain welfare
1-3 recipients.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 2308, Government Code, is
1-6 amended by adding Section 2308.314 to read as follows:
1-7 Sec. 2308.314. PARTICIPATION IN WORK SUPPLEMENTATION
1-8 PROGRAMS; DISPLACEMENT OF EMPLOYEES PROHIBITED. (a) An employer
1-9 may not hire a welfare recipient under a work supplementation
1-10 program if the hiring:
1-11 (1) will result in:
1-12 (A) the displacement or partial displacement of
1-13 an employee from an existing position; or
1-14 (B) the elimination of a vacant position created
1-15 by the layoff of an employee in the preceding 90 days; or
1-16 (2) is the result of a strike.
1-17 (b) A participant in a work supplementation program is:
1-18 (1) considered an employee of the participating
1-19 employer for all purposes under state and federal law;
1-20 (2) entitled to receive sick leave, vacation, and paid
1-21 holidays or other pay to the same extent as other employees of the
1-22 employer who perform the same type of work;
1-23 (3) entitled to receive compensation at a rate that is
1-24 not less than the rate the employer pays other employees with
2-1 similar background, training, or experience who are performing the
2-2 same type work; and
2-3 (4) entitled to the same rights as the employer's
2-4 other employees under any applicable grievance procedures.
2-5 (c) An employer participating in a work supplementation
2-6 program may not require as a condition of employment that an
2-7 employee hired under the program join or refrain from joining a
2-8 labor organization.
2-9 (d) This section does not create or authorize a cause of
2-10 action against an employer.
2-11 (e) In this section:
2-12 (1) "Participant" means a welfare recipient who
2-13 participates in a work supplementation program.
2-14 (2) "Welfare recipient" means a person who receives
2-15 financial assistance under Chapter 31, Human Resources Code, or
2-16 food stamps under the food stamp program administered under Chapter
2-17 33, Human Resources Code.
2-18 (3) "Work supplementation program" means:
2-19 (A) a program under which the state reserves all
2-20 or part of the amounts that would be payable as benefits to welfare
2-21 recipients and uses those amounts to provide and subsidize jobs for
2-22 the recipients;
2-23 (B) a program under which the state grants an
2-24 employer a tax credit, tax abatement, or other favorable tax
2-25 treatment for hiring welfare recipients; or
2-26 (C) a program under which welfare recipients
2-27 work for an employer in exchange for benefits.
3-1 SECTION 2. If, before implementing any provision of this
3-2 Act, a state agency determines that a waiver or authorization from
3-3 a federal agency is necessary for implementation, the state agency
3-4 shall request the waiver or authorization and may delay
3-5 implementing that provision until the waiver or authorization is
3-6 granted.
3-7 SECTION 3. This Act does not apply to:
3-8 (1) a work supplementation program, as defined by
3-9 Section 2308.314(e)(3)(A) or (C), Government Code, as added by this
3-10 Act, that is created by H.B. No. 1639, S.B. No. 781, or a similar
3-11 bill if the bill is enacted by the 75th Legislature, Regular
3-12 Session, 1997, and becomes law and contains one or more provisions
3-13 prohibiting the displacement from existing positions of employees
3-14 of an employer who is or will be participating in the program; or
3-15 (2) a volunteer work experience program established
3-16 under Section 31.0125, Human Resources Code.
3-17 SECTION 4. This Act takes effect September 1, 1997.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.