SECTION 806.101. Requirements for Transition and Retention Plans

(a) A CRP subject to this subchapter shall submit a TRP no later than sixty days from the effective date of these rules.

(b) The TRP shall include the full transition goal, including full retention of workers, placement of workers in job training, and fully assisting workers in need of placement goal, to meet the wage requirements no later than January 1, 2022.

(c) The TRP shall contain the following elements:

(1) Worker Assessment (Employee Receiving Subminimum Wages) including the following:

(A) Wage difference/Minimum Wage pay gap;

(B) Line of business employed;

(C) Current skills;

(D) Person-Centered Planning and Career Counseling;

(E) Disability Benefits Impact Analysis based on wage increase;

(F) Opportunities to transfer skills to other state use contracts with CRP; and

(G) Participation in the assessment by the employee's Vocational Rehabilitation counselor, if the employee is a participant in the Vocational Rehabilitation program at the time of the assessment.

(2) Goals, including the following:

(A) Raise wages for workers paid subminimum wage to the federal minimum wage, or more, by September 1, 2022.

(B) Retain CRP workers as the CRP moves through the transition plan.

(3) Milestones: Achieved by reporting progress in reaching specific actions in the TRP through benchmarks and strategies:

(A) Benchmarks, including the following:

(i) Number and percentage of workers provided wage increases by a designated point in time;

(ii) Number and percentage of workers provided assessment and counseling by a certain date; and

(iii) Number and percentage of workers entering and completing training.

(B) Strategies necessary to achieve goals, including:

(i) CRP evaluation of existing line of business for price and added value adjustment consider increasing the price to pay for increase in wages;

(ii) Requesting assistance from WorkQuest in developing new lines of business to provide employment opportunities to workers receiving subminimum wage; and

(iii) CRP pursuing partnerships to expand lines of business and increase wages of workers who are paid subminimum wages.

(C) Reports: Monthly or quarterly:

(i) Retention status;

(ii) Progress on benchmarks and strategies;

(iii) Wages;

(iv) Hours worked.

(d) The Agency shall assist the CRP in developing the TRP by providing information about certified benefits counselors and by providing a referral to a certified benefits counselor for any CRP employee who requests a referral.

(e) The Agency shall review the progress of each TRP based on intervals established by the Agency, and provide technical assistance as necessary and upon request from the CRP.

Source Note: The provisions of this §806.101 adopted to be effective January 25, 2021, 46 TexReg 584