1-1     By:  Greenberg (Senate Sponsor - Ellis)               H.B. No. 3116

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 17, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 8, Nays 0; May 17, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                                 By:  West

 1-8     Amend H.B. 3116 as follows:

 1-9           In SECTION 1 of the bill, in proposed Section 2308.314,

1-10     (engrossed version, between page 2, line 19 and page 2, line 20),

1-11     insert new Subsections (f) and (g) to read as follows:

1-12           (f)  Not later than December 15, 1998, the commission shall

1-13     prepare and issue to the governor, the lieutenant governor, and the

1-14     speaker of the house of representatives an assessment of the impact

1-15     of this section on the ability of recipients of public assistance

1-16     to obtain employment.

1-17           (g)  This section expires September 1, 2003.

1-18     COMMITTEE AMENDMENT NO. 2                               By:  Carona

1-19           Amend H.B. No. 3116 as follows:

1-20           (1)  In SECTION 1 of the bill, in proposed Section

1-21     2308.314(a)(1)(B), Government Code (engrossed version, page 1, line

1-22     42), strike "90" and substitute "30".

1-23           (2)  In SECTION 1 of the bill, in proposed Section

1-24     2308.314(b), Government Code (engrossed version, page 1, lines

1-25     47-50 and page 1, line 54), strike Subdivision (2) and renumber

1-26     current Subdivisions (3) and (4) as (2) and (3), respectively.

1-27                            A BILL TO BE ENTITLED

1-28                                   AN ACT

1-29     relating to work supplementation programs for certain welfare

1-30     recipients.


1-32           SECTION 1.  Subchapter G, Chapter 2308, Government Code, is

1-33     amended by adding Section 2308.314 to read as follows:



1-36     may not hire a welfare recipient under a work supplementation

1-37     program if the hiring:

1-38                 (1)  will result in:

1-39                       (A)  the displacement or partial displacement of

1-40     an employee from an existing position; or

1-41                       (B)  the elimination of a vacant position created

1-42     by the layoff of an employee in the preceding 90 days; or

1-43                 (2)  is the result of a strike.

1-44           (b)  A participant in a work supplementation program is:

1-45                 (1)  considered an employee of the participating

1-46     employer for all purposes under state and federal law;

1-47                 (2)  entitled to receive sick leave, vacation, and paid

1-48     holidays or other pay to the same extent as other employees of the

1-49     employer who perform the same type of work;

1-50                 (3)  entitled to receive compensation at a rate that is

1-51     not less than the rate the employer pays other employees with

1-52     similar background, training, or experience who are performing the

1-53     same type work; and

1-54                 (4)  entitled to the same rights as the employer's

1-55     other employees under any applicable grievance procedures.

1-56           (c)  An employer participating in a work supplementation

1-57     program may not require as a condition of employment that an

1-58     employee hired under the program join or refrain from joining a

1-59     labor organization.

1-60           (d)  This section does not create or authorize a cause of

1-61     action against an employer.

1-62           (e)  In this section:

1-63                 (1)  "Participant" means a welfare recipient who

1-64     participates in a work supplementation program.

 2-1                 (2)  "Welfare recipient" means a person who receives

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

 2-3     food stamps under the food stamp program administered under Chapter

 2-4     33, Human  Resources Code.

 2-5                 (3)  "Work supplementation program" means:

 2-6                       (A)  a program under which the state reserves all

 2-7     or part of the amounts that would be payable as benefits to welfare

 2-8     recipients and uses those amounts to provide and subsidize jobs for

 2-9     the recipients;

2-10                       (B)  a program under which the state grants an

2-11     employer a tax credit, tax abatement, or other favorable tax

2-12     treatment for hiring  welfare recipients; or

2-13                       (C)  a program under which welfare recipients

2-14     work for an employer in exchange for benefits.

2-15           SECTION 2.  If, before implementing any provision of this

2-16     Act, a state agency determines that a waiver or authorization from

2-17     a federal agency is necessary for implementation, the state agency

2-18     shall request the waiver or authorization and may delay

2-19     implementing that provision until the waiver or authorization is

2-20     granted.

2-21           SECTION 3.  This Act does not apply to:

2-22                 (1)  a work supplementation program, as defined by

2-23     Section 2308.314(e)(3)(A) or (C), Government Code, as added by this

2-24     Act, that is created by H.B. No. 1639, S.B. No. 781, or a similar

2-25     bill if the bill is enacted by the 75th Legislature, Regular

2-26     Session, 1997, and becomes law and contains one or more provisions

2-27     prohibiting the displacement from existing positions of employees

2-28     of an employer who is or will be participating in the program; or

2-29                 (2)  a volunteer work experience program established

2-30     under Section 31.0125, Human Resources Code.

2-31           SECTION 4.  This Act takes effect September 1, 1997.

2-32           SECTION 5.  The importance of this legislation and the

2-33     crowded condition of the calendars in both houses create an

2-34     emergency and an imperative public necessity that the

2-35     constitutional rule requiring bills to be read on three several

2-36     days in each house be suspended, and this rule is hereby suspended.

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