1-1 By: Greenberg (Senate Sponsor - Ellis) H.B. No. 3116 1-2 (In the Senate - Received from the House April 21, 1997; 1-3 April 23, 1997, read first time and referred to Committee on Health 1-4 and Human Services; May 17, 1997, reported favorably, as amended, 1-5 by the following vote: Yeas 8, Nays 0; May 17, 1997, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: West 1-8 Amend H.B. 3116 as follows: 1-9 In SECTION 1 of the bill, in proposed Section 2308.314, 1-10 (engrossed version, between page 2, line 19 and page 2, line 20), 1-11 insert new Subsections (f) and (g) to read as follows: 1-12 (f) Not later than December 15, 1998, the commission shall 1-13 prepare and issue to the governor, the lieutenant governor, and the 1-14 speaker of the house of representatives an assessment of the impact 1-15 of this section on the ability of recipients of public assistance 1-16 to obtain employment. 1-17 (g) This section expires September 1, 2003. 1-18 COMMITTEE AMENDMENT NO. 2 By: Carona 1-19 Amend H.B. No. 3116 as follows: 1-20 (1) In SECTION 1 of the bill, in proposed Section 1-21 2308.314(a)(1)(B), Government Code (engrossed version, page 1, line 1-22 42), strike "90" and substitute "30". 1-23 (2) In SECTION 1 of the bill, in proposed Section 1-24 2308.314(b), Government Code (engrossed version, page 1, lines 1-25 47-50 and page 1, line 54), strike Subdivision (2) and renumber 1-26 current Subdivisions (3) and (4) as (2) and (3), respectively. 1-27 A BILL TO BE ENTITLED 1-28 AN ACT 1-29 relating to work supplementation programs for certain welfare 1-30 recipients. 1-31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-32 SECTION 1. Subchapter G, Chapter 2308, Government Code, is 1-33 amended by adding Section 2308.314 to read as follows: 1-34 Sec. 2308.314. PARTICIPATION IN WORK SUPPLEMENTATION 1-35 PROGRAMS; DISPLACEMENT OF EMPLOYEES PROHIBITED. (a) An employer 1-36 may not hire a welfare recipient under a work supplementation 1-37 program if the hiring: 1-38 (1) will result in: 1-39 (A) the displacement or partial displacement of 1-40 an employee from an existing position; or 1-41 (B) the elimination of a vacant position created 1-42 by the layoff of an employee in the preceding 90 days; or 1-43 (2) is the result of a strike. 1-44 (b) A participant in a work supplementation program is: 1-45 (1) considered an employee of the participating 1-46 employer for all purposes under state and federal law; 1-47 (2) entitled to receive sick leave, vacation, and paid 1-48 holidays or other pay to the same extent as other employees of the 1-49 employer who perform the same type of work; 1-50 (3) entitled to receive compensation at a rate that is 1-51 not less than the rate the employer pays other employees with 1-52 similar background, training, or experience who are performing the 1-53 same type work; and 1-54 (4) entitled to the same rights as the employer's 1-55 other employees under any applicable grievance procedures. 1-56 (c) An employer participating in a work supplementation 1-57 program may not require as a condition of employment that an 1-58 employee hired under the program join or refrain from joining a 1-59 labor organization. 1-60 (d) This section does not create or authorize a cause of 1-61 action against an employer. 1-62 (e) In this section: 1-63 (1) "Participant" means a welfare recipient who 1-64 participates in a work supplementation program. 2-1 (2) "Welfare recipient" means a person who receives 2-2 financial assistance under Chapter 31, Human Resources Code, or 2-3 food stamps under the food stamp program administered under Chapter 2-4 33, Human Resources Code. 2-5 (3) "Work supplementation program" means: 2-6 (A) a program under which the state reserves all 2-7 or part of the amounts that would be payable as benefits to welfare 2-8 recipients and uses those amounts to provide and subsidize jobs for 2-9 the recipients; 2-10 (B) a program under which the state grants an 2-11 employer a tax credit, tax abatement, or other favorable tax 2-12 treatment for hiring welfare recipients; or 2-13 (C) a program under which welfare recipients 2-14 work for an employer in exchange for benefits. 2-15 SECTION 2. If, before implementing any provision of this 2-16 Act, a state agency determines that a waiver or authorization from 2-17 a federal agency is necessary for implementation, the state agency 2-18 shall request the waiver or authorization and may delay 2-19 implementing that provision until the waiver or authorization is 2-20 granted. 2-21 SECTION 3. This Act does not apply to: 2-22 (1) a work supplementation program, as defined by 2-23 Section 2308.314(e)(3)(A) or (C), Government Code, as added by this 2-24 Act, that is created by H.B. No. 1639, S.B. No. 781, or a similar 2-25 bill if the bill is enacted by the 75th Legislature, Regular 2-26 Session, 1997, and becomes law and contains one or more provisions 2-27 prohibiting the displacement from existing positions of employees 2-28 of an employer who is or will be participating in the program; or 2-29 (2) a volunteer work experience program established 2-30 under Section 31.0125, Human Resources Code. 2-31 SECTION 4. This Act takes effect September 1, 1997. 2-32 SECTION 5. The importance of this legislation and the 2-33 crowded condition of the calendars in both houses create an 2-34 emergency and an imperative public necessity that the 2-35 constitutional rule requiring bills to be read on three several 2-36 days in each house be suspended, and this rule is hereby suspended. 2-37 * * * * *