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.
1-4 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) 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.