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A BILL TO BE ENTITLED
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AN ACT
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relating to repealing the authority for the payment of a subminimum |
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wage to certain persons with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 62.057 and 62.161, Labor Code, are |
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repealed. |
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SECTION 2. Section 62.051, Labor Code, is amended to read as |
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follows: |
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Sec. 62.051. MINIMUM WAGE. An [Except as provided by
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Section 62.057, an] employer shall pay to each employee the federal |
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minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 206). |
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SECTION 3. Section 201.067(b), Labor Code, is amended to |
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read as follows: |
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(b) Notwithstanding Subsection (a)(1), in this subtitle |
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"employment" includes service performed by an individual whose |
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earning capacity is impaired by age, physical impairment, |
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developmental disability, mental illness, or intellectual |
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disability or injury[, other than an individual compensated as
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provided by Section 62.057,] and who, after training, is working |
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for a sheltered workshop or other facility operated by a charitable |
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organization: |
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(1) temporarily while awaiting placement in a position |
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of employment in the competitive labor market; or |
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(2) permanently because the individual is unable to |
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compete in the competitive labor market. |
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SECTION 4. Section 122.0057(i), Human Resources Code, is |
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amended to read as follows: |
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(i) In developing the performance measures under Subsection |
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(h), the advisory committee must consider the following factors as |
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applicable to the program administered under this chapter: |
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(1) the percentage of total sales revenue attributable |
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to the program: |
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(A) paid in wages to persons with disabilities; |
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and |
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(B) spent on direct training and professional |
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development services for persons with disabilities; |
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(2) the average hourly wage earned by a person |
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participating in the program; |
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(3) the average annual salary earned by a person |
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participating in the program; |
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(4) [the number of persons with disabilities
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participating in the program paid less than minimum wage;
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[(5)] the average number of hours worked each week by a |
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person with a disability who participates in the program; |
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(5) [(6)] the percentage of persons with disabilities |
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who participate in the program and who are placed into competitive |
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positions, including competitive management or administrative |
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positions within community rehabilitation programs; and |
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(6) [(7)] the percentage of work performed by persons |
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with disabilities who participate in the program that is purely |
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repackaging labor. |
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SECTION 5. The change in law made by this Act applies only |
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to the payment of wages for a pay period that begins on or after the |
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effective date of this Act. The payment of wages for a pay period |
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that begins before the effective date of this Act is governed by the |
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law as it existed immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |