The executive commissioner must create rules and a uniform process for assessing employment goals and services, require care-planning use of that process, and submit a biennial report on related employment-services data.
Sec. 546.0451. COMPETITIVE AND INTEGRATED EMPLOYMENT INITIATIVE FOR CERTAIN RECIPIENTS; BIENNIAL REPORT. (a) This section applies to an individual receiving services under: (1) any of the following Section 1915(c) waiver programs: (A) the home and community-based services (HCS) waiver program; (B) the Texas home living (TxHmL) waiver program; (C) the deaf-blind with multiple disabilities (DBMD) waiver program; and (D) the community living assistance and support services (CLASS) waiver program; and (2) the STAR+PLUS home and community-based services (HCBS) waiver program established under Section 1115, Social Security Act (42 U.S.C. Section 1315). (b) The executive commissioner by rule shall develop a uniform process that complies with the policy adopted under Section 546.0003 to: (1) assess the goals of and competitive and integrated employment opportunities and related employment services available to an individual to whom this section applies; and (2) use the identified goals and available opportunities and services to direct the individual's plan of care at the time the plan is developed or renewed. (c) The entity responsible for developing and renewing the plan of care for an individual to whom this section applies shall use the uniform process developed under Subsection (b) to assess the individual's goals, opportunities, and services described by that subsection and incorporate those goals, opportunities, and services into the individual's plan of care. (d) The executive commissioner by rule shall: (1) identify strategies to increase the number of individuals receiving employment services from the Texas Workforce Commission or through the waiver program in which an individual is enrolled; (2) determine a reasonable number of individuals who indicate a desire to work to receive employment services and ensure those individuals: (A) have received employment services during the state fiscal biennium ending August 31, 2023, or during the period beginning September 1, 2023, and ending December 31, 2023, from the Texas Workforce Commission or through the waiver program in which an individual is enrolled; or (B) are receiving employment services on December 31, 2023, from the Texas Workforce Commission or through the waiver program in which an individual is enrolled; and (3) ensure each individual who indicates a desire to work is referred to receive employment services from the Texas Workforce Commission or through the waiver program in which the individual is enrolled. (e) Not later than December 31 of each even-numbered year, the executive commissioner shall prepare and submit to the governor, lieutenant governor, speaker of the house of representatives, and legislature a written report that outlines: (1) the number of individuals to whom this section applies who are receiving employment services in accordance with rules adopted under this section; (2) whether the employment services described by Subdivision (1) are provided by the Texas Workforce Commission, through the waiver program in which an individual is enrolled, or both; and (3) the number of individuals to whom this section applies who have obtained competitive and integrated employment, categorized by waiver program and, if applicable, an individual's level of care. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.