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
Title 8 - Rights and Responsibilities of Persons With Disabilities
Chapter 122 - Purchasing From People With Disabilities
Section 122.0012. Sunset Provision
Section 122.0057. 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 122.0095. 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 122.014. Product Specifications
Section 122.015. Determinations of Fair Market Value
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 122.024. Strategic Plan; Final Operating Plan
Section 122.026. Application of Other Law
Section 122.028. Program Promotion