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 30 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 compensation at a rate that is 1-21 not less than the rate the employer pays other employees with 1-22 similar background, training, or experience who are performing the 1-23 same type work; and 1-24 (3) entitled to the same rights as the employer's 2-1 other employees under any applicable grievance procedures. 2-2 (c) An employer participating in a work supplementation 2-3 program may not require as a condition of employment that an 2-4 employee hired under the program join or refrain from joining a 2-5 labor organization. 2-6 (d) This section does not create or authorize a cause of 2-7 action against an employer. 2-8 (e) In this section: 2-9 (1) "Participant" means a welfare recipient who 2-10 participates in a work supplementation program. 2-11 (2) "Welfare recipient" means a person who receives 2-12 financial assistance under Chapter 31, Human Resources Code, or 2-13 food stamps under the food stamp program administered under Chapter 2-14 33, Human Resources Code. 2-15 (3) "Work supplementation program" means: 2-16 (A) a program under which the state reserves all 2-17 or part of the amounts that would be payable as benefits to welfare 2-18 recipients and uses those amounts to provide and subsidize jobs for 2-19 the recipients; 2-20 (B) a program under which the state grants an 2-21 employer a tax credit, tax abatement, or other favorable tax 2-22 treatment for hiring welfare recipients; or 2-23 (C) a program under which welfare recipients 2-24 work for an employer in exchange for benefits. 2-25 (f) Not later than December 15, 1998, the Texas Workforce 2-26 Commission shall prepare and issue to the governor, the lieutenant 2-27 governor, and the speaker of the house of representatives an 3-1 assessment of the impact of this section on the ability of 3-2 recipients of public assistance to obtain employment. 3-3 (g) This section expires September 1, 2003. 3-4 SECTION 2. If, before implementing any provision of this 3-5 Act, a state agency determines that a waiver or authorization from 3-6 a federal agency is necessary for implementation, the state agency 3-7 shall request the waiver or authorization and may delay 3-8 implementing that provision until the waiver or authorization is 3-9 granted. 3-10 SECTION 3. This Act does not apply to: 3-11 (1) a work supplementation program, as defined by 3-12 Section 2308.314(e)(3)(A) or (C), Government Code, as added by this 3-13 Act, that is created by H.B. No. 1639, S.B. No. 781, or a similar 3-14 bill if the bill is enacted by the 75th Legislature, Regular 3-15 Session, 1997, and becomes law and contains one or more provisions 3-16 prohibiting the displacement from existing positions of employees 3-17 of an employer who is or will be participating in the program; or 3-18 (2) a volunteer work experience program established 3-19 under Section 31.0125, Human Resources Code. 3-20 SECTION 4. This Act takes effect September 1, 1997. 3-21 SECTION 5. The importance of this legislation and the 3-22 crowded condition of the calendars in both houses create an 3-23 emergency and an imperative public necessity that the 3-24 constitutional rule requiring bills to be read on three several 3-25 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3116 was passed by the House on April 18, 1997, by the following vote: Yeas 85, Nays 53, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 3116 on May 28, 1997, by a non-record vote; and that the House adopted H.C.R. No. 321 authorizing certain corrections in H.B. No. 3116 on May 30, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3116 was passed by the Senate, with amendments, on May 26, 1997, by the following vote: Yeas 31, Nays 0; and that the Senate adopted H.C.R. No. 321 authorizing certain corrections in H.B. No. 3116 on June 1, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor