75R10987 E                           

         By Greenberg, Oliveira                                H.B. No. 3116

         Substitute the following for H.B. No. 3116:

         By Siebert                                        C.S.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)  will impair an existing collective bargaining

1-17     agreement.

1-18           (b)  Before the date on which a public employer intends to

1-19     fill a position with a participant, the employer shall notify an

1-20     organization that represents employees who are engaged in

1-21     substantially similar work or training as the work or training

1-22     involved in the position to be filled of the employer's intent.

1-23     The notice must include:

1-24                 (1)  the participant's name;

 2-1                 (2)  the work location; and

 2-2                 (3)  a description of the participant's duties.

 2-3           (c)  A participant in a work supplementation program is:

 2-4                 (1)  considered an employee of the participating

 2-5     employer for all purposes under state and federal law;

 2-6                 (2)  entitled to receive sick leave, vacation, and paid

 2-7     holidays or other pay to the same extent as other employees of the

 2-8     employer who perform the same type of work;

 2-9                 (3)  entitled to receive compensation at a rate that is

2-10     not less than the rate the employer pays other employees with

2-11     similar background, training, or experience who are performing the

2-12     same type work; and

2-13                 (4)  entitled to the same rights as the employer's

2-14     other employees under any applicable grievance procedures.

2-15           (d)  In this section:

2-16                 (1)  "Participant" means a welfare recipient who

2-17     participates in a work supplementation program.

2-18                 (2)  "Welfare recipient" means a person who receives

2-19     financial assistance under Chapter 31, Human Resources Code, or

2-20     food stamps under the food stamp program administered under Chapter

2-21     33, Human  Resources Code.

2-22                 (3)  "Work supplementation program" means:

2-23                       (A)  a program under which the state reserves all

2-24     or part of the amounts that would be payable as benefits to welfare

2-25     recipients and uses those amounts to provide and subsidize jobs for

2-26     the recipients;

2-27                       (B)  a program under which the state grants an

 3-1     employer a tax credit, tax abatement, or other favorable tax

 3-2     treatment for hiring  welfare recipients; or

 3-3                       (C)  a program under which welfare recipients

 3-4     work for an employer in exchange for benefits.

 3-5           SECTION 2.  If, before implementing any provision of this

 3-6     Act, a state agency determines that a waiver or authorization from

 3-7     a federal agency is necessary for implementation, the state agency

 3-8     shall request the waiver or authorization and may delay

 3-9     implementing that provision until the waiver or authorization is

3-10     granted.

3-11           SECTION 3.  This Act does not apply to a work supplementation

3-12     program, as defined by Section 2308.314(d)(3)(A) or (C), Government

3-13     Code, as added by this Act, that is created by H.B. No. 1639, S.B.

3-14     No. 781, or other similar legislation that is enacted by the 75th

3-15     Legislature, Regular Session, 1997, and becomes law only if the

3-16     bill or other legislation contains one or more provisions

3-17     prohibiting the displacement from existing positions of employees

3-18     of an employer who is or will be participating in the program.

3-19           SECTION 4.  This Act takes effect September 1, 1997.

3-20           SECTION 5.  The importance of this legislation and the

3-21     crowded condition of the calendars in both houses create an

3-22     emergency and an imperative public necessity that the

3-23     constitutional rule requiring bills to be read on three several

3-24     days in each house be suspended, and this rule is hereby suspended.