Texas Register, Volume 45, Number 48, Pages 8423-8674, November 27, 2020 Page: 8,500
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Texas Human Resources Code, 122.0076(a) requires all CRPs
participating in the PPD program to pay each worker with a dis-
ability at least the federal minimum wage for any work relating
to products or services purchased by the CRP through the PPD
program. Texas Human Resources Code, 122.0076(d) states
that the minimum wage requirement does not apply to a CRP's
eligibility before the later of:
--September 1, 2022; or
--the date of the extension granted by TWC under Texas Human
Resources Code, 122.0075(f).
Texas Human Resources Code, 122.0076(b) allows, but does
not require, TWC to exempt a CRP worker with a disability from
the minimum-wage requirements if TWC determines, based on
the worker's circumstances, that requiring the minimum wage
would result in the:
--CRP not being able to retain the worker with a disability;
--worker not being successful in obtaining work with a different
employer; and
--worker not being able to obtain employment at a higher wage
than the CRP could pay.
Program Clarification and Improvement Opportunities
Workforce Innovation and Opportunity Act Referrals to CRPs
The Chapter 806 rule amendments address issues related to the
percent of a CRP's direct labor hours that must be performed by
individuals with disabilities, particularly in relation to Workforce
Innovation and Opportunity Act (WIOA) of 2014 referrals.
Texas Human Resources Code, 122.013(c)(3) requires TWC to
establish, by rule, the minimum percentage of employees with
disabilities that an organization must employ to be considered
a CRP for the PPD program. Section 806.53 requires CRPs to
certify compliance with the requirement that, for each contract,
individuals with disabilities perform 75 percent of each CRP's
total hours of direct labor that are necessary to deliver services
and products.
WIOA and its implementing regulations established that employ-
ment outcomes in the Vocational Rehabilitation (VR) program
must be in competitive integrated employment (CIE). The com-
ponents of a CIE setting are defined further in 34 Code of Federal
Regulations (CFR) Part 361. Successful employment outcomes
that are reported by state VR agencies under WIOA must meet
the definition of CIE.
Based on these WIOA provisions, an employer that must meet
a requirement that 75 percent of its direct labor hours be per-
formed by individuals with disabilities will have difficulty meeting
the integrated location criteria in WIOA. The VR program may
not refer customers to PPD CRPs for employment opportunities
unless the opportunities meet WIOA requirements.
Similarly, the 75 percent requirement limits a CRP's options to
offer CIE opportunities to workers with disabilities who wish to
work in an integrated setting.
Chapter 806 will maintain the 75 percent of direct hours require-
ment. However, these rule amendments allow the Commission
to approve a percentage different from 75 percent at the time of
the CRP's initial certification and subsequent re-certifications for
a CRP that proposes to participate in the PPD program and of-
fer employment opportunities for individuals with disabilities that
meet the WIOA definition of CIE or such other reasons.Other Program Clarification and Improvement Opportunities
The Chapter 806 rule amendments also address:
--CRP's compliance with state law and regulations;
--communication with the PPD Advisory Committee;
--Commission approval of products and services;
--determination of a worker with a disability;
--use of contract labor; and
--clarifying appreciable contribution and value added by individ-
uals with disabilities.
Rule Review
Texas Government Code, 2001.039 requires that every four
years each state agency review and consider for readoption, re-
vision, or repeal each rule adopted by that agency. TWC has
assessed whether the reasons for adopting or readopting the
rules continue to exist. TWC finds that the rules in Chapter 806
are needed, reflect current legal and policy considerations, and
reflect current TWC procedures. The reasons for initially adopt-
ing the rules continue to exist; therefore, TWC proposes to read-
opt Chapter 806, Purchases of Products and Services from Peo-
ple with Disabilities, with the amendments described in this pro-
posed rulemaking.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
SUBCHAPTER A. GENERAL PROVISIONS REGARDING
PURCHASES OF PRODUCTS AND SERVICES FROM PEO-
PLE WITH DISABILITIES
TWC proposes amendments to Subchapter A, as follows:
806.2. Definitions
Section 806.2 is amended to add the following definitions:
Individual with Disabilities is defined as an individual with a dis-
ability recognized under the Americans with Disabilities Act and
employed by a CRP or an entity selected by a CRP.
Minimum wage is defined as the wage under Section 6, Fair La-
bor Standards Act of 1938 (29 USC 206).
SUBCHAPTER B. ADVISORY COMMITTEE RESPONSIBILI-
TIES, MEETING GUIDELINES
TWC proposes amendments to Subchapter B, as follows:
806.23. Submitting Reports and Input to the Commission
Current 806.21 addresses the role of the PPD Advisory Com-
mittee and requires the committee to provide input and recom-
mendations to the Commission on the PPD program. However,
the section does not address how the PPD Advisory Committee's
advice, activity, or recommendations that result from its meetings
will be communicated to the Commission.
New 806.23 establishes requirements for the PPD Advisory
Committee for submitting reports and input to the Commission.
The new section requires the PPD Advisory Committee to:
--meet semiannually, with at least one meeting each fiscal year
to review and, if necessary, recommend changes to program ob-
jectives, performance measures, and criteria established under
806.21(b); and
--prepare and submit to the Commission a report containing any
findings and recommendations within 60 days of the completion
of the meeting.45 TexReg 8500 November 27, 2020 Texas Register
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Texas. Secretary of State. Texas Register, Volume 45, Number 48, Pages 8423-8674, November 27, 2020, periodical, November 27, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1301299/m1/78/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.