85R4609 KKR-D
 
  By: Lucio III H.B. No. 2732
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to competitive and integrated employment of persons with
  disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 62, Labor Code, is amended
  by adding Section 62.058 to read as follows:
         Sec. 62.058.  SUBMINIMUM WAGE SETTINGS; STATE FUNDING.
  Beginning September 1, 2024, state funds may not be used for
  services provided by, or to purchase goods from, an entity that
  employs individuals with disabilities in subminimum wage settings,
  including a community rehabilitation program, sheltered workshop,
  or work activity center.
         SECTION 2.  Subchapter B, Chapter 352, Labor Code, is
  amended by adding Sections 352.060 and 352.061 to read as follows:
         Sec. 352.060.  PLAN FOR REDUCTION OF FUNDING FOR CERTAIN
  ENTITIES PROVIDING EMPLOYMENT AT SUBMINIMUM WAGES. (a) In this
  section "community rehabilitation program," "individual with a
  disability," "sheltered workshop," and "subminimum wage setting"
  have the meanings assigned by Section 352.151.
         (b)  Not later than September 1, 2020, the commission:
               (1)  in consultation with the Health and Human Services
  Commission, the Texas Education Agency, the comptroller, the
  advisory committee established under Section 122.0057, Human
  Resources Code, the Rehabilitation Council of Texas, and other
  relevant state agencies and statewide organizations, shall adopt a
  plan to phase out the use of state funds for services provided by,
  and goods purchased from, an entity that employs individuals with
  disabilities in subminimum wage settings, including a community
  rehabilitation program, sheltered workshop, or work activity
  center; and
               (2)  shall submit the plan to the governor, lieutenant
  governor, speaker of the house of representatives, and chairs of
  the legislative committees with appropriate jurisdiction.
         (c)  The plan adopted under this section must identify:
               (1)  benchmarks and desired outcomes for each year of
  the phaseout period;
               (2)  the resources necessary to ensure that individuals
  with disabilities:
                     (A)  receive support according to the needs and
  preferences of the individuals; and
                     (B)  are employed in integrated settings,
  regardless of the nature or severity of the individuals'
  disabilities;
               (3)  all federal and state funds, including funds
  available under Medicaid, that may be used to assist individuals
  with disabilities in obtaining competitive, integrated employment;
  and
               (4)  a system for tracking the employment outcomes of
  individuals with disabilities, including tracking the:
                     (A)  wages received by the individuals;
                     (B)  unemployment rates of the individuals; and
                     (C)  number of individuals moved from subminimum
  wage settings to:
                           (i)  competitive, integrated employment;
  and
                           (ii)  nonpaying activities.
         (d)  Not later than September 1 of each year, the commission
  shall submit to the governor, lieutenant governor, speaker of the
  house of representatives, and chairs of the legislative committees
  with appropriate jurisdiction a report on the development of the
  plan required under this section. The report must include:
               (1)  a description of the benchmarks and desired
  outcomes identified in Subsection (c)(1) and the status of
  achieving the benchmarks and outcomes; and
               (2)  recommendations for funding and resources
  necessary to implement the plan.
         (e)  This section expires September 1, 2024.
         Sec. 352.061.  WAGE STUDY. (a) In this section "individual
  with a disability" has the meaning assigned by Section 352.151.
         (b)  The commission, in consultation with relevant state
  agencies, advisory committees, and organizations, shall conduct a
  study concerning individuals with disabilities in this state who
  are employed at or above minimum wage but below the federal
  prevailing wage for employees who do not have a disability. The
  study must address:
               (1)  the number and demographics of individuals with
  disabilities who earn at least minimum wage but less than the
  federal prevailing wage for employees who do not have a disability;
               (2)  to what extent the individuals with disabilities
  are employed in integrated settings, as defined by 34 C.F.R.
  Section 361.5;
               (3)  the type of employment of individuals with
  disabilities, including whether the individuals are employed under
  federal AbilityOne contracts;
               (4)  whether any changes in federal law or policy
  regarding the payment of lower wages to individuals with
  disabilities occur or are likely to occur after September 1, 2017,
  and if so a description of those laws or policies; and
               (5)  whether opportunities exist for individuals with
  disabilities to obtain employment at similar rates of pay in
  competitive work settings.
         (c)  Not later than September 1, 2018, the commission shall
  submit to the governor, lieutenant governor, speaker of the house
  of representatives, and chairs of the legislative committees with
  appropriate jurisdiction a report on the findings of the study
  conducted under this section. The report must include
  recommendations for increasing the employment of individuals with
  disabilities in integrated work settings at competitive wages.
         (d)  This section expires September 1, 2019.
         SECTION 3.  Chapter 352, Labor Code, is amended by adding
  Subchapter D to read as follows:
  SUBCHAPTER D. COMPETITIVE WAGES AND INTEGRATED WORK SETTINGS FOR
  INDIVIDUALS WITH DISABILITIES
         Sec. 352.151.  DEFINITIONS. In this subchapter:
               (1)  "Community rehabilitation program" has the
  meaning assigned by Section 122.002, Human Resources Code.
               (2)  "Individual with a disability" means any
  individual who has a physical or mental impairment that constitutes
  a substantial impediment to employment, or to achieving maximum
  personal independence, but that is of a nature that rehabilitation
  services may be expected to enable the individual to engage in a
  gainful occupation or enable the individual to achieve a greater
  level of self-care and independent living.
               (3)  "Sheltered workshop" means an organization
  described by Section 62.161.
               (4)  "Subminimum wage setting" means an employment
  environment in which persons with disabilities are segregated and
  receive wages that are less than the federal minimum wage.
         Sec. 352.152.  INDIVIDUAL PLAN FOR COMPETITIVE AND
  INTEGRATED EMPLOYMENT. (a) The commission shall develop
  processes for:
               (1)  identifying all clients who are individuals with
  disabilities and are employed in subminimum wage settings by an
  entity that employs individuals with disabilities in subminimum
  wage settings, including a community rehabilitation program,
  sheltered workshop, or work activity center; and
               (2)  creating an individual plan for competitive and
  integrated employment for each client described by Subdivision (1)
  that addresses moving the client into employment in an integrated
  work setting at a competitive wage.
         (b)  A counselor of a client identified by the commission as
  an individual with a disability who is employed in a subminimum wage
  setting as described by Subsection (a)(1) shall prepare for the
  individual an individual plan for competitive and integrated
  employment in the format prescribed by the commission.
         (c)  An individual plan for competitive and integrated
  employment must:
               (1)  include a recommendation on the type of integrated
  work environment that is most appropriate to meet the client's
  needs based on the client's strengths, resources, priorities,
  concerns, capabilities, interests, and informed choices;
               (2)  identify the services, supports, and
  accommodations necessary for the client's employment in the most
  appropriate integrated work environment;
               (3)  identify the barriers preventing the client from
  receiving the necessary services, supports, and accommodations,
  including:
                     (A)  access to funding or necessary resources and
  services;
                     (B)  access to medical or behavioral support;
                     (C)  decision-making by the individual or the
  individual's representative, as appropriate; and
                     (D)  family members' concerns about or opposition
  to the client's employment in an integrated work environment;
               (4)  include a plan for monitoring progress in
  resolving the barriers identified in Subdivision (3); and
               (5)  for a client employed in a subminimum wage
  setting:
                     (A)  establish a goal for the client to achieve a
  specific employment outcome with the employer;
                     (B)  include a description of the actions,
  accommodations, and supports needed to achieve the client's goal;
                     (C)  identify barriers to the client obtaining
  competitive and integrated employment with the employer;
                     (D)  establish a plan for monitoring the progress
  toward achieving the client's goal; and
                     (E)  establish goals and activities for the client
  on days that work is not available or the client chooses not to
  work.
         (d)  A counselor shall involve the client, the client's
  representative, if applicable, and the client's employer in
  preparing and revising the individual plan. The counselor must use
  appropriate communications devices and techniques to facilitate
  the client's involvement in preparing and revising the individual
  plan.
         (e)  Annually or at the request of a client, the client's
  counselor shall meet with the client to discuss the progress of the
  client's goals under the individual plan and reevaluate the most
  appropriate integrated work environment for the individual in
  accordance with the Americans with Disabilities Act of 1990 (42
  U.S.C. Section 12101 et seq.). The counselor shall document the
  discussions held and recommendations made during the meeting.
         Sec. 352.1521.  OUTCOMES OF INDIVIDUAL PLANS FOR COMPETITIVE
  AND INTEGRATED EMPLOYMENT. (a) Not later than September 1 of each
  year, the commission shall submit to the governor, lieutenant
  governor, speaker of the house of representatives, and chairs of
  the legislative committees with appropriate jurisdiction a report
  summarizing by region and statewide the progress of commission
  clients with individual plans for competitive and integrated
  employment under Section 352.152, including de-identified
  information about the:
               (1)  wages received by the individuals;
               (2)  unemployment rates of the individuals; and
               (3)  number of individuals moved from subminimum wage
  settings to:
                     (A)  competitive, integrated employment; and
                     (B)  nonpaying activities.
         (b)  This section expires September 1, 2024.
         Sec. 352.153.  REQUIRED NOTICE TO CLIENT. (a) A client's
  counselor shall provide notice to the client that the client has the
  right to:
               (1)  choose the type of employment and employer the
  client prefers; and
               (2)  decide when to work.
         (b)  At the time an individual with a disability begins
  employment in a subminimum wage setting, the individual's employer
  shall provide information about all opportunities to obtain
  competitive, integrated employment with the employer.
         SECTION 4.  Not later than March 1, 2018, the Texas Workforce
  Commission shall adopt rules necessary to implement Subchapter D,
  Chapter 352, Labor Code, as added by this Act.
         SECTION 5.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 6.  This Act takes effect September 1, 2017.