Texas 2023 - 88th Regular

Texas House Bill HB1054

Filed
12/20/22  
Out of House Committee
5/5/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the classification of certain construction workers and the eligibility of those workers for unemployment benefits; providing an administrative penalty.

Impact

If enacted, HB 1054 will significantly influence the labor laws pertaining to construction workers in Texas. It provides a clearer framework for identifying and classifying individuals as either employees or independent contractors, setting rules for contractors to follow to avoid misclassification. The bill also authorizes penalties for non-compliance and mandates that the Texas Workforce Commission report annually on its enforcement activities. This added layer of oversight is expected to reduce instances of payroll fraud and wrongful classification, thereby enhancing protection for workers and ensuring fair competition among contractors.

Summary

House Bill 1054 addresses issues surrounding the classification of construction workers in Texas and their eligibility for unemployment benefits. The bill was introduced to equip the Texas Workforce Commission with enhanced capabilities to manage and penalize instances of worker misclassification in the construction industry. By targeting the classification of these workers, the bill aims to protect them from being improperly classified and denied benefits that they are entitled to receive under labor law. The proposed legislation includes provisions for public reporting of suspected violations, reflecting a commitment to improving workplace standards and accountability in the industry.

Sentiment

The sentiment around HB 1054 appears to be mixed, reflecting a broader debate on the rights of workers versus business interests. Proponents, including worker advocacy groups, champion the bill as a necessary step toward ensuring fair treatment for construction workers, emphasizing the need for their rights and protections to be upheld. In contrast, there are concerns from some industry representatives, who argue that the bill may disproportionately target the construction industry, potentially leading to increased regulatory burdens for employers and complicating operational aspects.

Contention

Notable points of contention regarding HB 1054 revolve around its focus on the construction industry, with critics suggesting it may unfairly single out this sector for regulation in ways that other industries are not subjected to. During discussions, some members expressed concerns that heightened scrutiny could create an environment that stifles small construction firms and increases costs for consumers. On the other hand, supporters contend that the bill is crucial for combating the pervasive issue of worker misclassification and ensuring that all workers enjoy the same rights and protections, putting the bill at the center of debates about labor rights and economic fairness in Texas.

Texas Constitutional Statutes Affected

Labor Code

  • Chapter 201. Unemployment Compensation Act--general Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 301. Texas Workforce Commission
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX HB1925

Relating to the classification of certain construction workers and complaints filed with the Texas Workforce Commission; providing a penalty.

TX SB676

Relating to the classification of certain construction workers and the eligibility of those workers for unemployment benefits; providing penalties.

TX HB3656

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TX HB1069

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TX HB2989

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