By: Zaffirini S.B. No. 1226
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an employment-first policy and
  task force to promote competitive employment opportunities that
  provide a living wage for individuals with disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Sections 531.02447 and 531.02448 to read as
  follows:
         Sec. 531.02447.  EMPLOYMENT-FIRST POLICY.  (a)  It is the
  policy of the state that earning a living wage through competitive
  employment in the general workforce is the priority and preferred
  outcome for working-age individuals with disabilities who receive
  public benefits.
         (b)  The commission, the Texas Education Agency, and the
  Texas Workforce Commission shall jointly adopt and implement an
  employment-first policy in accordance with the state's policy under
  Subsection (a).  The policy must:
               (1)  affirm that an individual with a disability is
  able to meet the same employment standards as an individual who does
  not have a disability;
               (2)  ensure that all working-age individuals with
  disabilities, including young adults, are offered factual
  information regarding employment as an individual with a
  disability, including the relationship between an individual's
  earned income and the individual's public benefits;
               (3)  ensure that individuals with disabilities are
  given the opportunity to understand and explore options for
  education or training, including postsecondary, graduate, and
  postgraduate education, vocational or technical training, or other
  training, as pathways to employment;
               (4)  promote the availability and accessibility of
  individualized training designed to prepare an individual with a
  disability for the individual's preferred employment;
               (5)  promote partnerships with employers to overcome
  barriers to meeting workforce needs with the creative use of
  technology and innovation;
               (6)  ensure that the staff of public schools,
  vocational service programs, and community providers are trained
  and supported to assist in achieving the goal of competitive
  employment for all individuals with disabilities; and
               (7)  ensure that competitive employment, while being
  the priority and preferred outcome, is not required of an
  individual with a disability to secure or maintain public benefits
  for which the individual is otherwise eligible.
         Sec. 531.02448.  EMPLOYMENT-FIRST TASK FORCE.  (a)  The
  executive commissioner shall establish an interagency
  employment-first task force, or may use an existing committee or
  task force, to promote competitive employment of individuals with
  disabilities and the expectation that individuals with
  disabilities are able to meet the same employment standards,
  responsibilities, and expectations as any other working-age adult.
         (b)  If the executive commissioner establishes a task force
  for the purposes described by Subsection (a), the executive
  commissioner shall determine the number of members on the task
  force.  The executive commissioner shall appoint at least the
  following as members, subject to Subsection (e):
               (1)  an individual with a disability;
               (2)  a family member of an individual with a
  disability;
               (3)  a representative of the commission;
               (4)  a representative of the Department of Assistive
  and Rehabilitative Services;
               (5)  a representative of the Department of State Health
  Services;
               (6)  a representative of the Department of Aging and
  Disability Services;
               (7)  a representative of the Department of Family and
  Protective Services;
               (8)  a representative of the Texas Workforce
  Commission;
               (9)  a representative of the Texas Education Agency;
               (10)  an advocate for individuals with disabilities;
  and
               (11)  a representative of a provider of integrated and
  competitive employment services.
         (c)  A member of a task force established under this section
  serves at the will of the executive commissioner.
         (d)  The executive commissioner shall designate a member of a
  task force established under this section to serve as presiding
  officer.
         (e)  At least one-third of a task force established under
  this section must be composed of individuals with disabilities, and
  no more than one-third of the task force may be composed of
  advocates for individuals with disabilities.
         (f)  A task force established under this section or an
  existing committee or task force used for purposes of this section
  shall:
               (1)  design an education and outreach process targeted
  at working-age individuals with disabilities, including young
  adults with disabilities, the families of those individuals, the
  state agencies listed in Subsection (b), and service providers,
  that is aimed at raising expectations of the success of individuals
  with disabilities in integrated, individualized, and competitive
  employment;
               (2)  develop recommendations for policy, procedure,
  and rules changes that are necessary to allow the employment-first
  policy described under Section 531.02447(b) to be fully
  implemented; and
               (3)  not later than September 1 of each even-numbered
  year, prepare and submit to the office of the governor, the
  legislature, and the executive commissioner a report regarding the
  task force's findings and recommendations, including:
                     (A)  information that reflects the potential and
  actual impact of the employment-first policy on the employment
  outcomes for individuals with disabilities; and
                     (B)  recommendations for improvement of
  employment services and outcomes, including employment rates, for
  individuals with disabilities based on the reported impact of an
  employment-first policy under Paragraph (A) that may include:
                           (i)  recommendations relating to using any
  savings to the state resulting from the implementation of the
  employment-first policy to further improve the services and
  outcomes; and
                           (ii)  recommendations developed under
  Subdivision (2) regarding necessary policy, procedure, and rules
  changes.
         (g)  A member of a task force established under this section
  is not entitled to compensation.  Members may be reimbursed for
  expenses as follows:
               (1)  a member described by Subsection (b)(1) or (2) is
  entitled to reimbursement for travel and other necessary expenses
  as provided in the General Appropriations Act;
               (2)  a member appointed as a representative of a state
  agency is eligible for reimbursement for travel and other necessary
  expenses according to the applicable agency's policies; and
               (3)  a member described by Subsection (b)(10) or (11)
  is entitled to reimbursement for travel and other necessary
  expenses to be paid equally out of available money appropriated to
  the commission and to health and human services agencies.
         (h)  The commission and the health and human services
  agencies shall provide administrative support and staff to a task
  force established under this section.
         (i)  The executive commissioner, the commissioner of
  education, and the Texas Workforce Commission shall evaluate
  recommendations made by a task force or committee under this
  section and adopt rules as necessary that are consistent with the
  employment-first policy adopted under Section 531.02447.
         (j)  This section expires September 1, 2017.
         SECTION 2.  Not later than January 1, 2014, the executive
  commissioner of the Health and Human Services Commission shall
  appoint the members of the employment-first task force under
  Section 531.02448, Government Code, as added by this Act, if the
  executive commissioner establishes a task force under that section.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.