85R12005 KKR-F     By: Rodríguez S.B. No. 1111       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.