85R22961 MCK-F     By: Raney, González of El Paso, Simmons, H.B. No. 2409       Shine, Romero, Jr., et al.     Substitute the following for H.B. No. 2409:     By:  Workman C.S.H.B. No. 2409       A BILL TO BE ENTITLED   AN ACT   relating to wage requirements for community rehabilitation   programs participating in the purchasing from people with   disabilities program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 122, Human Resources Code, is amended by   adding Sections 122.0075 and 122.0076 to read as follows:          Sec. 122.0075.  INCREASE IN WAGES; PLAN. (a) This section   applies to a community rehabilitation program that:                (1)  is participating in the program administered under   this chapter; and                (2)  pays workers with disabilities employed by the   program wages that are less than the federal minimum wage under   Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).          (b)  The workforce commission shall assist:                (1)  a community rehabilitation program in developing a   plan to increase the wages paid to its workers with disabilities to   the federal minimum wage not later than September 1, 2019, for work   relating to any products or services purchased from the community   rehabilitation program through the program administered under this   chapter; and                (2)  a community rehabilitation program and any worker   with a disability, or request, to ensure the increase in wages paid   to a worker with a disability does not affect the worker's   eligibility to receive any federal benefits the worker received or   was eligible to receive before the wage increase.          (c)  Each community rehabilitation program shall, to the   maximum extent possible, ensure that each worker with a disability   remains employed by the program after the program increases the   wages paid to those employees in accordance with the plan developed   under Subsection (b).          (d)  If a community rehabilitation program is unable to   employ all workers with a disability after the program increases   the wages paid to those employees to the federal minimum wage, the   community rehabilitation program shall work with the workforce   commission and any other governmental entity to seek and obtain any   job training that may be suitable for those former employees to find   other employment that pays at least the federal minimum wage.          (e)  In addition to the assistance described by Subsection   (d), the workforce commission may, at the worker's request, assist   a worker with a disability not retained by a community   rehabilitation program to secure employment in a position that pays   at least the federal minimum wage.          (f)  On request of a community rehabilitation program, the   workforce commission may extend the period for compliance with the   program participation requirements of Section 122.0076 for not more   than 12 months if the community rehabilitation program:                (1)  requests the extension not later than July 1,   2019;                (2)  has demonstrated to the commission that an   extension would be in the best interest of the program's employees   with disabilities;                (3)  has worked with the commission to develop a   transition plan and made meaningful progress towards meeting the   program participation requirements of Section 122.0076; and                (4)  submits a revised transition plan to the   commission detailing how an extension will allow the program to   meet the program participation requirements of Section 122.0076.          (g)  The workforce commission shall make a decision on a   request for an extension under Subsection (f) not later than   September 1, 2019. The commission may not grant more than one   extension to a community rehabilitation program.          (h)  Not later than January 31, 2019, the workforce   commission shall report to the legislature regarding the   implementation of this section.  The report must include any   recommendations for legislative or agency rule changes necessary to   assist the commission and community rehabilitation program in   performing their duties under this section.          (i)  This section expires September 1, 2021.          Sec. 122.0076.  WAGE REQUIREMENTS. (a) A community   rehabilitation program may not participate in the program   administered under this chapter unless each worker with a   disability employed by the program is paid at least the federal   minimum wage under Section 6, Fair Labor Standards Act of 1938 (29   U.S.C. Section 206), for any work relating to any products or   services purchased from the community rehabilitation program   through the program administered under this chapter.          (b)  To the extent of a conflict between this section and   Chapter 62, Labor Code, this section controls.          (c)  This section does not apply to a community   rehabilitation program's eligibility to participate in the program   administered under this chapter before the later of:                (1)  September 1, 2019; or                (2)  the date an extension granted under Section   122.0075(f) expires.          (d)  This subsection and Subsection (c) expire September 1,   2021.          SECTION 2.  This Act takes effect September 1, 2017.