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A BILL TO BE ENTITLED
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AN ACT
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relating to wage requirements for community rehabilitation |
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programs participating in the purchasing from people with |
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disabilities program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 122, Human Resources Code, is amended by |
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adding Sections 122.0075 and 122.0076 to read as follows: |
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Sec. 122.0075. MINIMUM WAGE PLAN. (a) This section applies |
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to a community rehabilitation program that: |
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(1) is participating in the program administered under |
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this chapter; and |
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(2) pays workers with disabilities employed by the |
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program wages that are less than the federal minimum wage under |
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Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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(b) The workforce commission shall assist: |
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(1) a community rehabilitation program in developing a |
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plan to increase the wages paid to its workers with disabilities to |
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the federal minimum wage not later than September 1, 2022, for work |
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relating to any products or services purchased from the community |
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rehabilitation program through the program administered under this |
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chapter; and |
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(2) a community rehabilitation program and any worker |
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with a disability, on request, to ensure the increase in wages paid |
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to a worker with a disability does not affect the worker's |
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eligibility to receive any federal benefits the worker received or |
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was eligible to receive before the wage increase. |
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(c) Each community rehabilitation program shall, to the |
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maximum extent possible, ensure that each worker with a disability |
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remains employed by the program after the program increases the |
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wages paid to those employees in accordance with the plan developed |
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under Subsection (b). |
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(d) If a community rehabilitation program is unable to |
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employ all workers with a disability after the program increases |
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the wages paid to those employees to the federal minimum wage, the |
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community rehabilitation program shall work with the workforce |
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commission and any other governmental entity to seek and obtain any |
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job training and employment services that may be suitable for those |
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former employees to find other employment that pays at least the |
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federal minimum wage. |
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(e) In addition to the assistance described by Subsection |
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(d), the workforce commission may, at the worker's request, assist |
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a worker with a disability not retained by a community |
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rehabilitation program to secure employment in a position that pays |
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at least the federal minimum wage. |
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(f) On request of a community rehabilitation program, the |
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workforce commission may extend the period for compliance with the |
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program participation requirements of Section 122.0076 for not more |
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than 12 months if the community rehabilitation program: |
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(1) requests the extension not later than March 1, |
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2022; |
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(2) has demonstrated to the commission that an |
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extension would be in the best interest of the program's employees |
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with disabilities; |
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(3) has worked with the commission to develop a |
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transition plan and made meaningful progress toward meeting the |
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program participation requirements of Section 122.0076; and |
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(4) submits a revised transition plan to the |
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commission detailing how an extension will allow the program to |
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meet the program participation requirements of Section 122.0076. |
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(g) The workforce commission shall make a decision on a |
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request for an extension under Subsection (f) not later than May 1, |
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2022. The commission may not grant more than one extension to a |
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community rehabilitation program. |
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(h) This section expires September 1, 2023. |
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Sec. 122.0076. WAGE REQUIREMENTS. (a) A community |
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rehabilitation program may not participate in the program |
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administered under this chapter unless each worker with a |
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disability employed by the program is paid at least 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), for any work relating to any products or |
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services purchased from the community rehabilitation program |
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through the program administered under this chapter. |
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(b) The workforce commission may exempt the community |
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rehabilitation program from the requirements of this section with |
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respect to a worker with a disability if the workforce commission |
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determines, based on the worker's circumstances, that requiring the |
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program to pay the worker at the federal minimum wage would result |
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in the program not being able to retain the worker with a |
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disability, the worker would not have success obtaining work with a |
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different employer, and the worker, based on the worker's |
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circumstances, would not be able to obtain employment at a higher |
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wage than the program would be able to pay the worker |
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notwithstanding the requirements of this section. |
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(c) To the extent of a conflict between this section and |
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Chapter 62, Labor Code, this section controls. |
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(d) This section does not apply to a community |
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rehabilitation program's eligibility to participate in the program |
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administered under this chapter before the later of: |
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(1) September 1, 2022; or |
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(2) the date an extension granted under Section |
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122.0075(f) expires. |
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(e) This subsection and Subsection (d) expire September 1, |
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2023. |
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SECTION 2. This Act takes effect September 1, 2019. |