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.