By West                                         S.B. No. 1239

      75R3804 CLG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain support services provided to a person with a

 1-3     disability to assist the person in the workplace.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 656, Government Code, is amended by

 1-6     adding Subchapter D to read as follows:

 1-7                 SUBCHAPTER D.  TRAINING AND ASSISTANCE FOR

 1-8                      STATE EMPLOYEES WITH DISABILITIES

 1-9           Sec. 656.061.  DEFINITIONS.  In this section:

1-10                 (1)  "Job coach" means a person who provides training

1-11     to a person with a disability in the skills necessary to perform a

1-12     job.

1-13                 (2)  "State agency" means:

1-14                       (A)  a department, commission, board, office, or

1-15     other agency that:

1-16                             (i)  is in the executive branch of state

1-17     government;

1-18                             (ii)  has authority that is not limited to

1-19     a geographical portion of this state; and

1-20                             (iii)  was created by the constitution or a

1-21     statute of this state; or

1-22                       (B)  a university system or an institution of

1-23     higher education as defined by Section 61.003, Education Code,

1-24     other than a public junior college.

 2-1           Sec. 656.062.  VOLUNTEER JOB COACHES FOR CERTAIN PERSONS WITH

 2-2     DISABILITIES.  (a)  A state agency shall provide training to each

 2-3     employee of the agency who in addition to the employee's regular

 2-4     duties volunteers to be a job coach for a person with a disability

 2-5     employed by the agency.

 2-6           (b)  A state employee who volunteers as a job coach is not

 2-7     entitled to receive monetary compensation for the voluntary duties,

 2-8     but is entitled to receive compensatory time from the agency.

 2-9           Sec. 656.063.  ADDITIONAL TRAINING SUPPORT SERVICES; JOB

2-10     COACHES.  (a)  A state agency that receives funds for supported

2-11     employment programs shall perform an assessment of the workplace

2-12     needs of each employee of the agency who receives supported

2-13     employment services.

2-14           (b)  A state agency shall provide to an employee a job coach

2-15     if the needs assessment of the employee indicates that a job coach

2-16     would assist the employee in maintaining employment with the

2-17     agency.

2-18           (c)  In this section, "supported employment services" means

2-19     support services provided to a person with a disability to assist

2-20     the person to compete more effectively in the workplace, including

2-21     vocational assessments, medical services, transportation, training,

2-22     and job coaching.

2-23           SECTION 2.  Subchapter B, Chapter 403, Government Code, is

2-24     amended by adding Section 403.026 to read as follows:

2-25           Sec. 403.026.  REIMBURSEMENT OF PRIVATE JOB COACHES UNDER

2-26     CERTAIN PROGRAMS.  (a)  The comptroller shall develop a uniform

2-27     system for the reimbursement of private job coaches under a

 3-1     supported employment services program.

 3-2           (b)  In adopting rules under this section, the comptroller

 3-3     shall:

 3-4                 (1)  consult with and seek input from each appropriate

 3-5     state agency that contracts with a private entity to provide job

 3-6     coaches for a client of the agency;

 3-7                 (2)  ensure that state employees who volunteer to be

 3-8     job coaches are not reimbursed under the system; and

 3-9                 (3)  ensure that the hourly rate of reimbursement for

3-10     the performance of a person's duties as job coach is equal to the

3-11     person's hourly rate of employment, but not to exceed $20.

3-12           (c)  In this section:

3-13                 (1)  "Job coach" means a person who provides training

3-14     to a person with a disability in the skills necessary to perform a

3-15     job.

3-16                 (2)  "Supported employment services program" means a

3-17     state program in which support services are provided to a person

3-18     with a disability to assist the person to compete more effectively

3-19     in the workplace, including vocational assessments, medical

3-20     services, transportation, training, and job coaching.

3-21           SECTION 3.  (a)  The Sunset Advisory Commission and the

3-22     Health and Human Services Commission shall conduct a joint

3-23     comprehensive review and comparison of all employment programs in

3-24     this state for persons with disabilities to determine current

3-25     capacity in and resources available for those programs.

3-26           (b)  The commissions shall submit a joint report to the

3-27     legislature stating the findings of their review under Subsection

 4-1     (a) of this section not later than September 1, 1998.

 4-2           SECTION 4.  The importance of this legislation and the

 4-3     crowded condition of the calendars in both houses create an

 4-4     emergency and an imperative public necessity that the

 4-5     constitutional rule requiring bills to be read on three several

 4-6     days in each house be suspended, and this rule is hereby suspended,

 4-7     and that this Act take effect and be in force from and after its

 4-8     passage, and it is so enacted.