85R12005 KKR-F

By: Lucio III H.B. No. 3929

A BILL TO BE ENTITLED

AN ACT

relating to the employment of certain persons with disabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Government Code, is amended by adding Chapter 621 to read as follows:

CHAPTER 621. EMPLOYMENT PREFERENCE FOR CERTAIN INDIVIDUALS WITH

DISABILITIES

Sec. 621.0001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Workforce Commission.

(2) "Disability" means a mental or physical impairment, including blindness, that impedes an individual who is seeking, entering, or maintaining gainful employment.

(3) "Medicaid" means the medical assistance program established under Chapter 32, Human Resources Code.

(4) "Political subdivision" means a county, municipality, or school district.

(5) "Section 1915(c) Medicaid waiver program" means a federally funded program of the state under Medicaid that is authorized under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)).

(6) "State agency" means a board, council, committee, department, office, agency, or other governmental entity in the executive, legislative, or judicial branch of state government, including an institution of higher education as defined by Section 61.003, Education Code.

(7) "Supported employment" means assistance provided to an individual who, because of a disability, requires intensive, ongoing support to be self-employed, work from home, or perform in a work setting at which individuals without disabilities are employed in order for the individual with a disability to sustain paid employment. Supported employment includes adaptations, supervision, and training related to an individual's disability.

Sec. 621.0002. INDIVIDUALS WITH DISABILITIES QUALIFIED FOR EMPLOYMENT PREFERENCE. An individual with a disability qualifies for an employment preference under this chapter if the individual is eligible to receive supported employment services from the commission or through a Section 1915(c) Medicaid waiver program.

Sec. 621.0003. EMPLOYMENT PREFERENCE FOR CERTAIN INDIVIDUALS WITH DISABILITIES. An individual with a disability who qualifies for an employment preference under Section 621.0002 is entitled to a preference in employment with a state agency or political subdivision over other applicants for the same position who do not have a greater qualification.

Sec. 621.0004. DESIGNATION OF OPEN POSITION FOR AND IMMEDIATE HIRING OF INDIVIDUAL WITH A DISABILITY ENTITLED TO EMPLOYMENT PREFERENCE. (a) A state agency or political subdivision may designate an open position for employment as a vocational rehabilitation services position and only accept applications for that position from individuals who are entitled to an employment preference under Section 621.0003.

(b) Notwithstanding any other law, a state agency or political subdivision may hire for an open position within the state agency or political subdivision an individual who is entitled to an employment preference under Section 621.0003 without announcing or advertising the position if:

(1) the position meets the requirements for competitive integrated employment under 34 C.F.R. Section 361.5(c)(9);

(2) the state agency or political subdivision receives written verification from the commission or the Health and Human Services Commission that the individual is eligible to receive supported employment services; and

(3) the state agency or political subdivision determines the individual meets the qualifications for the position.

(c) An individual who is entitled to an employment preference under Section 621.0003 and is otherwise eligible for employment is considered to meet the qualification of having a high school diploma if the individual meets the criteria specified by Section 39.053(g-2), Education Code, and the individual's school or school district provides written verification that the individual meets those criteria.

Sec. 621.0005. COMPLAINT REGARDING EMPLOYMENT DECISION OF STATE AGENCY OR POLITICAL SUBDIVISION. (a) An individual entitled to an employment preference under this chapter who is aggrieved by a decision of a state agency or political subdivision relating to hiring the individual, or relating to retaining the individual if the state agency or political subdivision reduces its workforce, may appeal the decision by filing a written complaint with the administrative head of the state agency or the governing body of the political subdivision.

(b) The administrative head of a state agency or the governing body of a political subdivision that receives a written complaint under Subsection (a) shall respond to the complaint not later than the 15th business day after the date the administrative head or governing body receives the complaint. The administrative head or governing body may render a different hiring or retention decision than the decision that is the subject of the complaint if the administrative head or governing body determines that the employment preference under this chapter was not applied.

SECTION 2. Chapter 621, Government Code, as added by this Act, applies only to an open position with a state agency or political subdivision for which the state agency or political subdivision begins accepting applications on or after the effective date of this Act. An open position with a state agency or political subdivision for which the state agency or political subdivision begins accepting applications before the effective date of this Act is governed by the law in effect on the date the state agency or political subdivision began accepting applications, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2017.