Texas Statutes
Chapter 122 - Purchasing From People With Disabilities
Section 122.0076. Wage Requirements

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) The workforce commission may exempt the community rehabilitation program from the requirements of this section with respect to a worker with a disability if the workforce commission determines, based on the worker's circumstances, that requiring the program to pay the worker at the federal minimum wage would result in the program not being able to retain the worker with a disability, the worker would not have success obtaining work with a different employer, and the worker, based on the worker's circumstances, would not be able to obtain employment at a higher wage than the program would be able to pay the worker notwithstanding the requirements of this section.
(c) To the extent of a conflict between this section and Chapter 62, Labor Code, this section controls.
(d) 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, 2022; or
(2) the date an extension granted under Section 122.0075(f) expires.
(e) This subsection and Subsection (d) expire September 1, 2023.
Added by Acts 2019, 86th Leg., R.S., Ch. 35 (S.B. 753), Sec. 1, eff. September 1, 2019.

Structure Texas Statutes

Texas Statutes

Human Resources Code

Title 8 - Rights and Responsibilities of Persons With Disabilities

Chapter 122 - Purchasing From People With Disabilities

Section 122.001. Purpose

Section 122.0012. Sunset Provision

Section 122.002. Definitions

Section 122.0057. Advisory Committee

Section 122.0058. Application of Open Meetings Law, Open Records Law, and Administrative Procedure Law to Advisory Committee

Section 122.007. Fair Market Price; Purchasing Procedures

Section 122.0075. Minimum Wage Plan

Section 122.0076. Wage Requirements

Section 122.008. Procurement at Determined Price

Section 122.009. Records

Section 122.0095. Agency Compliance; Nonprogram Purchasing Report

Section 122.010. Cooperation With Department of Criminal Justice

Section 122.011. Correlation With Related Federal Programs

Section 122.012. Duties of Comptroller; Interagency Cooperation

Section 122.013. Rules

Section 122.014. Product Specifications

Section 122.015. Determinations of Fair Market Value

Section 122.016. Exceptions

Section 122.017. Procurement for Political Subdivisions

Section 122.019. Central Nonprofit Agency

Section 122.020. Consumer Information; Complaints

Section 122.0205. Alternative Dispute Resolution

Section 122.0215. Access to Information and Records; Inspection

Section 122.022. Reports

Section 122.023. Funds

Section 122.024. Strategic Plan; Final Operating Plan

Section 122.026. Application of Other Law

Section 122.028. Program Promotion

Section 122.029. Duties of State Auditor

Section 122.030. Management Fee Rate; Review Process