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.