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