1-1 By: Yarbrough (Senate Sponsor - Van de Putte) H.B. No. 694
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to eligibility for unemployment compensation benefits of
1-9 certain sheltered workshop employees who are blind.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 201.067, Labor Code, is amended to read as
1-12 follows:
1-13 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF; EXCEPTION
1-14 FOR SERVICES PERFORMED BY CERTAIN BLIND INDIVIDUALS. (a) In this
1-15 subtitle, "employment" does not include service performed by an
1-16 individual who:
1-17 (1) receives [service performed by an individual
1-18 receiving] rehabilitative work or paying work in the employ of a
1-19 facility that:
1-20 (A) is conducted to carry [for the purpose of
1-21 carrying] out a program of rehabilitation for individuals whose
1-22 earning capacity is impaired by:
1-23 (i) age;
1-24 (ii) [,] physical impairment, other than
1-25 blindness; or
1-26 (iii) mental deficiency or injury; or
1-27 (B) [that] provides paying work for individuals
1-28 who, because of their impaired physical or mental capacity, cannot
1-29 be readily absorbed in the competitive labor market; [or]
1-30 (2) is blind while the individual is in training at a
1-31 sheltered workshop operated by a charitable organization under a
1-32 rehabilitation program that includes:
1-33 (A) an individual plan for employment as
1-34 required by 29 U.S.C. Section 722, as amended;
1-35 (B) a timeline for completion of the training;
1-36 and
1-37 (C) a planned employment outcome; or
1-38 (3) receives work relief or work training [service
1-39 performed] as a part of an unemployment work-relief or
1-40 work-training program assisted or financed in whole or in part by a
1-41 federal agency, an agency of a state, or a political subdivision of
1-42 a state [by an individual receiving the work relief or work
1-43 training].
1-44 (b) Notwithstanding Subsection (a), in this subtitle
1-45 "employment" includes service performed by an individual who is
1-46 blind and who, after training, is working for a sheltered workshop
1-47 operated by a charitable organization:
1-48 (1) temporarily while awaiting placement in a position
1-49 of employment in the competitive labor market; or
1-50 (2) permanently because the individual is unable to
1-51 compete in the competitive labor market.
1-52 SECTION 2. This Act takes effect September 1, 2001, and
1-53 applies only to a claim for unemployment compensation benefits that
1-54 is filed with the Texas Workforce Commission on or after that date.
1-55 A claim filed before that date is governed by the law in effect on
1-56 the date that the claim was filed, and the former law is continued
1-57 in effect for that purpose.
1-58 * * * * *