(a) A CRP participating in the program administered under this chapter shall pay each worker with a disability employed by the program at least the federal minimum wage for any work relating to any products or services purchased from the CRP through the program administered under this chapter.
(b) The Agency may exempt a CRP from the requirements of this section with respect to a worker with a disability if the Agency determines an exemption is warranted. The Agency may consider the following factors in making the determination:
  (1) whether requiring the CRP to pay the worker at the minimum wage would result in:
    (A) the CRP not being able to retain the worker with a disability;
    (B) the worker not having success obtaining work with a different employer;
    (C) the worker, based on the worker's circumstances, not being able to obtain employment at a higher wage than the CRP would be able to pay the worker notwithstanding the requirements of this section;
  (2) the CRP's efforts to retain the worker;
  (3) the CRP's efforts to assist the worker in finding other employment, including other employment at a higher wage than the CRP will pay;
  (4) whether the exemption is temporary or indefinite;
  (5) whether employment services provided by other entities that serve individuals who have significant intellectual or developmental disabilities are available and could assist the worker to obtain employment at or above minimum wage.
(c) Subsection (a) of this section does not apply to a CRP's eligibility to participate in the state use program before the later of:
  (1) September 1, 2022; or
  (2) the date an extension is granted under §806.103 of this chapter.

Source Note: The provisions of this §806.42 adopted to be effective January 25, 2021, 46 TexReg 584