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  H.B. No. 3685
 
 
 
 
AN ACT
  relating to the employment status of certain individuals engaged in
  rehabilitative work-training programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.067, Labor Code, is amended to read
  as follows:
         Sec. 201.067.  REHABILITATIVE SERVICE; WORK RELIEF;
  EXCEPTION FOR SERVICES PERFORMED BY CERTAIN TRAINED [BLIND]
  INDIVIDUALS. (a) In this subtitle, "employment" does not include
  service performed [by an individual who]:
               (1)  by an individual whose earning capacity is
  impaired by age, physical impairment, developmental disability,
  mental illness, or intellectual disability or injury  [receives
  rehabilitative work or paying work in the employ of a facility that:
                     [(A)     is conducted to carry out a program of
  rehabilitation for individuals whose earning capacity is impaired
  by:
                           [(i)  age;
                           [(ii)     physical impairment, other than
  blindness; or
                           [(iii)  mental deficiency or injury; or
                     [(B)     provides paying work for individuals who,
  because of their impaired physical or mental capacity, cannot be
  readily absorbed in the competitive labor market;
               [(2)  is blind] while the individual is in training at a
  sheltered workshop or other facility operated by a charitable
  organization under a rehabilitation program that includes:
                     (A)  an individual plan for employment as required
  by 29 U.S.C. Section 722, as amended by the Workforce Innovation and
  Opportunity Act (Pub. L. No. 113-128);
                     (B)  a timeline for completion of the training;
  and
                     (C)  a planned employment outcome; or
               (2)  by an individual who [(3)] receives work relief or
  work training as a part of an unemployment work-relief or
  work-training program assisted or financed in whole or in part by a
  federal agency, an agency of a state, a political subdivision of a
  state, or an Indian tribe.
         (b)  Notwithstanding Subsection (a)(1) [(a)], in this
  subtitle "employment" includes service performed by an individual
  whose earning capacity is impaired by age, physical impairment,
  developmental disability, mental illness, or intellectual
  disability or injury, other than an individual compensated as
  provided by Section 62.057, [who is blind] and who, after training,
  is working for a sheltered workshop or other facility operated by a
  charitable organization:
               (1)  temporarily while awaiting placement in a position
  of employment in the competitive labor market; or
               (2)  permanently because the individual is unable to
  compete in the competitive labor market.
         SECTION 2.  This Act takes effect January 1, 2016.
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3685 was passed by the House on May 5,
  2015, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3685 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor