84R18008 KSD-F
	By: Anderson of McLennan	H.B. No. 3685
	Substitute the following for H.B. No. 3685:
	By:  Button	C.S.H.B. No. 3685

	A BILL TO BE ENTITLED
	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.