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.


 1-5           SECTION 1.  Subchapter G, Chapter 2308, Government Code, is

 1-6     amended by adding Section 2308.314 to read as follows:



 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.